1 // Platform Terms and Conditions
1.1. Vodacom Payment Services (Pty) Ltd, a company registered in terms of South African law with registration number: 2007/010688/07 (hereinafter referred to as "VPS") and Vodacom (Pty) Ltd, a company registered in terms of South African law with registration number:1993/003367/07 (hereinafter referred to as "VSA"), jointly hereinafter referred to as “Vodacom”, has developed a mobile application (the “VPS Platform”) that enables users to purchase goods and services (the “Products”) from third party providers that are hosted on the VPS Platform through different payment methods (the “Service”). As such you will become a customer of Vodacom.
1.2. You and your refers to you as the user of the VPS Platform.
1.3. By using the VPS Platform, you indicate that you agree to the following terms and conditions (the “Platform Terms and Conditions”).
1.4. In these Platform Terms and Conditions, we, us and our, refer to Vodacom.
1.5. To understand how we collect, use, protect and handle your personal information please visit www.vodacom.co.za.
2 // Term and Termination
2.1. These Platform Terms and Conditions shall commence from the date on which they are published on the VPS Platform and continue indefinitely, as amended by us from time to time, for so long as the VPS Platform exists and are operational.
2.2. We retain the right to amend or terminate these Platform Terms and Conditions and/or shut down the VPS Platform at any time.
2.3. We shall notify you of the amended Platform Terms and Conditions. It is your responsibility to go through the amended Platform Terms and Conditions to ensure that you understand them.
3 // Notice
3.1. These Platform Terms and Conditions contain provisions which appear in a bold text style to this clause in order to draw your attention to such clauses because they:
3.1.1. may limit our risk or liability or that of a third party; and/or
3.1.2. may create risk or liability for you; and/or
3.1.3. may compel you to indemnify us or a third party; and/or
3.1.4. serve as an acknowledgement, by you, of a fact.
3.2. If there is any provision in these Platform Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Platform Terms and Conditions by using the VPS Platform.
3.3. These Platform Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
3.4. Nothing in these Platform Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Vodacom in terms of the CPA.
3.5. We permit the use of the VPS Platform subject to these Platform Terms and Conditions. By using this VPS Platform in any way, you shall be deemed to have accepted all the Platform Terms and Conditions unconditionally. You must not use the VPS Platform or any part thereof if you do not agree to the Platform Terms and Conditions.
4 // Registration Process
4.1. To register and use the VPS Platform, you must register using your South African mobile number.
4.2. When you register, a One Time PIN (“OTP”) will be sent to your mobile number. You will then be prompted to supply the OTP on the VPS Platform.
4.3. Once you have supplied the correct OTP, you will be required to set up a 5-digit pin to access the VPS Platform. You will also be given an option to use biometrics on your mobile device as means to access the VPS Platform.
4.4. You agree and warrant that your 5-digit pin shall:
4.4.1. be used for personal use only; and
4.4.2. not be disclosed by you to any third party.
4.5. For security purposes you agree to enter the correct 5-digit pin whenever attempting to use the VPS Platform, failing which you will be denied access.
4.6. You undertake to keep your 5-digit pin secure and warrant that no other person shall use the VPS Platform utilising your 5-digit pin, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the VPS Platform is obtained using your 5-digit pin, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
4.7. You agree to notify us immediately via the Fraud hotline number on 082 241 0016 upon becoming aware of or reasonably suspecting any unauthorised access to or use of your 5-digit pin and to take steps to mitigate any resultant loss or harm.
5 // Use of the VPS Platform
5.1. By using the VPS Platform you warrant that you have the legal capacity and/or authority to enter into and be bound by these Platform Terms and Conditions.
5.2. You may only use the VPS Platform for lawful purposes and you warrant that you shall not use the VPS Platform:
5.2.1. to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
5.2.2. for the transmission of "junkmail", "spam", "chain letters", or unsolicited mass distribution of SMS;
5.2.3. other than for your personal and non-commercial use.
5.3. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the VPS Platform. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the VPS Platform or the information contained herein, without the prior written consent from an authorised Vodacom representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this VPS Platform).
5.4. You may not in any way display, publish, copy, print, post or otherwise use the VPS Platform and/or the information contained therein without the express prior written consent of an authorised Vodacom representative.
6 // Payment Options
For your convenience we have multiple payment options for you to purchase Products on the VPS Platform as per below:
6.1. Bank Cards
6.1.1. You may choose to use your existing bank card for payment on the VPS Platform. Only bank cards that are 3D secure enabled can be used on the VPS Platform.
6.1.2. Your bank’s card, account, and online banking terms do not change and continue to apply to each transaction.
6.1.3. Any applicable fees and charges that apply to your bank card will also apply when you use the VPS Platform to pay for purchases.
6.1.4. VPS may impose any limits on the frequency or amount of your card transactions. Furthermore, VPS reserves the right to block a card from use on the VPS Platform at any time without notice.
6.2. Wallet
6.2.1. You may elect to make payments on the VPS Platform using a digital wallet that stores value (the “Wallet”). There are different types of Wallets.
6.2.2. You will automatically have an entry level wallet available to you when you successfully register on the VPS Platform (the “Entry Wallet”).
6.2.3. You may also apply for Wallets with more functionalities based on your transaction needs, such Wallets are the Lite, Pro or Essential Wallets (jointly referred to as the “Enhanced Wallets”).
6.2.4. On your election for activation of the Enhanced Wallet, you will be prompted to agree to the additional terms and conditions.
6.2.5. In order to make use of any of the Wallets you agree to be bound by the terms and conditions of the relevant Wallet.
6.3. Entry Wallet
6.3.1. You can only receive funds from other VPS Platform users who have successfully registered for the Enhanced Wallets. For the avoidance of doubt, you will not be able to transfer funds into an Entry Wallet.
6.3.2. All funds in the Entry Wallet shall automatically earn you a prepaid certificate of equal rand value to the funds that are in your Entry Wallet (the “Value Certificate”).
6.3.3. The Entry Wallet is capable of only storing the Value Certificate of up to R3,000 at any given time and nothing more. For the avoidance of doubt the balance of your Value Certificate can never exceed R3000 at any given time.
6.3.4. The Value Certificate shall be a representation of the equal rand value that has been transferred into your Entry Wallet at any given time.
6.3.5. If there are additional funds that are transferred to your Entry Wallet, such funds will add to the balance of your Value Certificate.
6.3.6. You may only receive a total maximum of R5,000 per month in your Entry Wallet.
6.3.7. You may only redeem the Value Certificate for products and services offered on the VPS Platform. For the avoidance of doubt you may not cash out the Value Certificate.
6.3.8. You can only use a maximum of R3000 per day from your Entry Wallet.
6.3.9. You will be able to purchase Products on the VPS Platform that are less than the total value of the Value Certificate in which case such purchase amount shall be deducted from the balance of the Value Certificate.
6.3.10. The Value Certificate shall remain valid for as long as you use the Entry Wallet and shall automatically be terminated in the unfortunate event of your untimely death.
6.3.11. The balance of the Value Certificate shall be displayed to you on the VPS Platform after you log in.
6.3.12. The Value Certificates shall be non-transferable and can only be redeemed by the person that purchased the Value Certificate.
6.3.13. You may offer to sell the value or balance of your Value Certificate back to us in which case if we accept such offer, we shall transfer the monetary value of the Value Certificate to an Enhanced Wallet.
7 // Third Party Merchants
7.1. VPS only provides the VPS Platform to facilitate transactions between you and the third party that is selling goods or services on the VPS Platform (the “Third Party Merchants”). Vodacom is neither the buyer nor the seller of the goods or services unless otherwise specified.
7.2. All transactions are therefore solely between you and such Third Party Merchant. Vodacom is not a party to that transaction.
7.3. Once you transact with the Third Party Merchants you will be bound by their relevant and separate terms and conditions.
7.4. VPS does not take any liability for the delivery of, the quality of, the use of, or any other aspect relating to the goods or services from Third Party Merchant.
7.5. The Third Party Merchant is solely responsible for fulfilment of delivery of the Products. The Third Party Merchant is also responsible to provide an invoice to you if you require it.
7.6. Not all Third Party Merchants are registered VAT (Value-Added Tax) vendors. Only Third Party Merchants who are registered VAT vendors may charge VAT on goods or services sold and issue a tax invoice in respect thereof.
7.7. All return of goods or services for any reason shall be subject to the Third Party Merchant’s returns policy. We strongly advise that you familiarise yourself with the Third Party Merchant’s return policy.
7.8. Should any claim escalate into being a dispute, we are not obliged to get involved in such a dispute and any such disputes must be resolved between you and the relevant Third Party Merchant alone.
7.9. These Platform Terms and Conditions do not in any way overrule, eliminate or adjust the terms and conditions entered into between you and a Third Party Merchant.
8 // VodaPay Zero
8.1. VodaPay Zero app ("VodaPay Zero") is an app developed by VPS to enable Vodacom network subscribers to use the VPS Platform without any charge to their Vodacom data bundles. VPS Platform users that are not Vodacom network subscribers will not be able to use VodaPay Zero.
8.2. You will be required to use the VodaPay Zero app in order to enjoy the benefits of using the VPS Platform at no charge to your Vodacom data bundles.
8.3. You are limited to 10GB per day, this may be revised by Vodacom from time to time without notice to you. The use of VodaPay Zero is subject to Vodacom's Fair Usage Policy.
8.4. You can download VodaPay Zero at all application stores where it is available.
8.5. You will not be able to use VodaPay Zero on a device where the operating system has been tampered with or the security systems have been compromised in any way.
8.6. You will not be able to use VodaPay Zero if you have exceeded your daily limit usage, standard data charges will apply the remainder of the day. Exceeding your daily limit usage will be regarded as excessive usage of data and continued excessive usage will result in your usage being investigated which may constitute the termination of VodaPay Zero usage.
9 // VPS Coupons and Rewards
9.1. VPS may reward you with coupons based on your use of the VPS Platform.
9.2. Coupons are issued at VPS’ sole discretion and VPS is entitled at any time to correct, cancel or reject a coupon for any reason (including without limitation where a coupon has been distributed in an unauthorised manner). You do not have a right to coupons, and coupons cannot be earned. Coupons are issued under specific terms and conditions disclosed separately in the VPS Platform Rewards section regulating when and how they may be used.
9.3. A coupon can be redeemed in full if the coupon amount is the same as the transaction amount.
9.4. A coupon cannot be redeemed for cash and is not transferable.
9.5. A coupon can be redeemed in full if the coupon amount is less than the transaction amount; and in this case a bank card or Wallet payment can be used to pay for the remaining balance of the transaction amount.
9.6. A coupon can be redeemed partially if the coupon amount is more than the transaction amount; and in such a case you will forfeit the balance of the coupon.
9.7. You may have multiple coupons, however only one coupon can be redeemed per transaction.
9.8. Some coupons can only be redeemed for specific Products.
9.9. If a coupon redemption fails, you may contact us as specified in clause 21 below.
9.10. If the transaction where you were attempting to redeem a coupon fails due to system failure and the transaction is not concluded, the coupon will be refunded to you.
9.11. Where you have used a coupon to pay, and you or the merchant later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the merchant’s returns policy, we may provide you with a replacement coupon of the same value as that was redeemed during the payment. We may at our sole discretion impose restrictions on the use of the replacement coupon.
9.12. We may reward you with cashback into your Wallet based on your use of the VPS Platform issued under specific terms and conditions regulating when and how they may be used.
9.13. If you qualify for a cashback reward and your Wallet is dormant, blocked or the balance limit on your Wallet has been breached, then you will not receive the reward.
9.14. In the unfortunate event of your death, any coupons allocated to you will be cancelled and the funds will be repatriated to VPS.
10 // Marketing in the VPS Platform
10.1. As our customer, VPS will contact you to keep you informed about new and existing products and services, competitions, prize draws and other promotions available on the VPS Platform and we may use your personal information to run those competitions, prize draw, events and promotions, only to the extent that you have not, at any stage, objected to receiving such marketing communications.
10.2. We may send you marketing communication for products or services provided in the VPS Platform unless you have opted out.
10.3. We will contact you to let you know about products and services of Vodacom Group companies including Vodacom, Vodacom Insurance Company Limited and Vodacom Life Assurance Company Limited products and services and those of other companies which may interest you.
10.4. VPS and Third Party Merchants may jointly market promotional deals on the VPS Platform which have a stock limit and may expire earlier if stock runs out. The promotional deal quantities are limited and as such, after a promotional deal is sold out, those particular goods may be available on the VPS Platform at their normal selling prices (but no longer as a promotional deal).
10.5. You can control your marketing permissions at any time within the VPS Platform.
11 // Disclaimer
11.1. Whilst every effort has been made by us and our suppliers of information, to ensure the proper performance of the VPS Platform, the accuracy of the information/images and the reliability of the binary data on the VPS Platform, we, our affiliated companies, suppliers, or any of our employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the Services, content and/or information offered on the VPS Platform.
11.2. We make no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the VPS Platform and you thus use the VPS Platform at your own risk. In particular we make no warranty that the VPS Platform will meet your requirements, be uninterrupted, complete, timely, secure or error free.
11.3. We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the VPS Platform and/or any content therein unless otherwise provided by law.
11.4. The VPS Platform and all information provided on the VPS Platform is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
11.5. Any views or statements made or expressed on the VPS Platform are not necessarily the views of Vodacom, its directors, employees and/or agents.
11.6. In addition to the disclaimers contained elsewhere in these Platform Terms and Conditions, we also make no warranty or representation, whether express or implied, that the information or files available on the VPS Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to our gross negligence or willful misconduct, our employees, agents or authorised representatives. We therefore disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the VPS Platform.
12 // Third Party Content/ VPS Platform
12.1. Third party information such as but not limited to, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the VPS Platform ("Third Party Content"). The provision of Third Party Content is for general informational purposes only.
12.2. You hereby acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the VPS Platform. All Third Party Content is provided on an 'As Is' basis. we do not own or have the rights and title to any such Third Party Content, we do not provide any guarantee or make any representations with regards to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. We shall not be held liable for any loss suffered by you in any way whatsoever based on your reliance on or use of such Third Party Content.
12.3. This VPS Platform may contain links or references to other websites (“Third Party Platform”) which are outside of our control, including those of advertisers. These Platform Terms and Conditions do not apply to those Third Party Platform and we are not responsible for the practices and/or privacy policies of those Third VPS Platform or the “cookies” that those sites may use.
12.4. In the event any Third Party Content contains links to Third Party Platform, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. We make no warranty or representation regarding, and do not endorse, any website linked to the VPS Platform or the information appearing thereon or any of the products or services described thereon.
13 // Intellectual Property Rights
13.1. The contents of the VPS Platform, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, the word or mark "VPS", and "Voda", logos, trade-marks, designs and service marks which are displayed on or incorporated in this VPS Platform (“Intellectual Property”) are protected by law, including but not limited to copyright and trade mark law. The Intellectual Property is the property of Vodacom, its advertisers and/or sponsors and/or is licensed to Vodacom.
13.2. You will not acquire any right, title or interest in or to the VPS Platform or the Intellectual Property.
13.3. Any use, distribution or reproduction of the Intellectual Property is prohibited unless expressly authorised in terms of these Platform Terms and Conditions or otherwise provided for in law.
13.4. Where any of the Intellectual Property has been licensed to Vodacom 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.
14 // Warranties, Acknowledgements and Confirmation
14.1. You acknowledge and confirm that we may request information from any person, or business, relevant to the Services in which you are interested.
14.2. You warrant that the information contained herein is correct, true and complete and that you have full capacity and authority to transact with us.
14.3. You acknowledge that you are required to provide documents to verify your identity in terms of anti-money laundering legislation.
14.4. You warrant that you have complied with all applicable legislation and regulations governing your activities including anti-money laundering legislation and exchange control legislation.
14.5. You acknowledge and confirm that we may carry out identity, fraud prevention and other illegal activities checks and share information related to this application through the Southern African Fraud Prevention Service and other organizations involved in criminal activities prevention.
14.6. You acknowledge and confirm that we may process and share personal information as defined in the Protection of Personal Information Act, No 4 of 2013 with third parties whose services the VPS utilizes in its ordinary course of business.
15 // Security and Risk
15.1. Any act performed when using the VPS Platform will be assumed to have been performed by you.
15.2. We shall not be obliged to enquire into, or to prove the authority of any person who has obtained access to your credentials (including your password, PIN or any other information used to verify your identity), or who has initiated any transaction on the VPS Platform.
15.3. For your protection and security, you must enter the correct credentials to identify yourself when using the Services.
15.4. For your protection, we can refuse to act on any instructions you send us or cancel your access (temporarily or permanently) if you don’t meet the verification requirements. This includes entering the wrong credentials.
15.5. We are entitled to act on and accept all transactions done after your credentials have been entered or applied correctly.
15.6. We will assume that you have authorized all such transactions, even if such transactions took place without your knowledge or consent or were not authorized by you.
15.7. You must take the necessary steps to protect your access information electronic equipment and your cellphone.
15.8. You should never give or show your access information or credentials to any person.
16 // Indemnification
16.1. To the full extent permitted by law, you indemnify and hold us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages which arises directly or indirectly out of a breach of the terms of these Platform Terms and Conditions by you or arising out your use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, other than in respect of losses caused by our gross negligence or intentional misconduct.
16.2. Without affecting the generality of 15.1 above, we shall not be liable to you for any breach of these Platform Terms and Conditions or failure to perform any obligations as a result of technical problems relating to its network, termination of any licence to operate or use the network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond our control.
17 // Limitation of liability
17.1. We shall not be held liable for any inaccurate information published on the VPS Platform including incorrect prices, save where such liability arises from our gross negligence or willful misconduct, our employees, agents or authorised representatives.
17.2. We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the VPS Platform or the content contained in the VPS Platform; or your inability to use the VPS Platform, and/or unlawful activity on the VPS Platform and/or any linked Third Party VPS Platform.
17.3. You hereby indemnify us against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this VPS Platform and/or any linked Third Party VPS Platform.
17.4. You warrant that the information you provide on the VPS Platform in order to use any of the Services is true and accurate and that VPS shall not be held liable for any loss that you may suffer as a result of you providing information that is not true or accurate.
18 // Termination and variation
18.1. We reserve the right to amend these Platform Terms and Conditions as and when we deem necessary or if we are required to do so by law. You shall be notified by SMS when changes are effected, however where the changes are required by law or relates to the addition of a new service, extra functionality to the existing Service or any other change which neither reduces your rights nor increases your responsibilities, these shall be effective immediately and will be made without prior notice.
18.2. If you do not accept any change to the Platform Terms and Conditions, you may immediately terminate your use the VPS Platform.
18.3. You may visit the VodaPay application by regularly for material notices, updates and/or changes to the Platform Terms and Conditions.
19 // Change of your Contact Details
19.1. If you do not inform us of a change of contact details, we will continue to use the contact details you provided to communicate with you.
19.2. You will need to inform us of any changes to your contact details as soon as reasonably possible. We will not be held liable for any losses you may suffer as a result of you not providing us with updated contact details.
20 // Addresses and Notices
VPS nominates the address set out below as the address it will receive all communications required in terms of these Platform Terms and Conditions:
20.1. Physical and Postal address: Corporate Park 082, Vodacom Boulevard, Vodavalley, Midrand, 1685.
20.2. Email: VPSBUSOPS@vodacom.co.za
21 // Communication with VPS
21.1. You agree to use the Services and cooperate with us in evaluating the Services and provide feedback with respect to the identification of any errors, problems or defects discovery by you and identifying additional uses and functions.
21.2. If you do not understand any part of these Platform Terms and Conditions or how they apply to you, or you would like to get more information on the Services, please contact us through our instant chat on the VPS Platform. You will interact with our chat bot Tobi but should you wish to contact us for any queries or complaints you will be able to request a call back and our friendly call center agent will call you back. In the event that you need to report fraud; please contact our Fraud line on 082 241 0016.
22 // Customer Complaints
22.1. Unresolved complaints can be directed to VPS via e-mail at vpscomplaints@vodcom.co.za.
22.2. Should a complaint still not be resolved to your satisfaction, you may refer the complaint in writing to National Consumer Commission
Tel: +27 12 428 7000
Postal address: P. O. Box 36628, Menlo Park, 0102
Email: complaints@thencc.org.za
Website: www.thencc.gov.za
23 // General
23.1. These Platform Terms and Conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
23.2. These Platform Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Platform Terms and Conditions.
23.3. Our failure to exercise any particular rights or provision of these Platform Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
23.4. When contacting our friendly call center agent, at no point should you furnish any VPS employee with the full card number or expiry date, CVV and/or bank PIN.
23.5. It is your responsibility to immediately notify your bank should there be a security breach on your bank card or account for the card used on any of our online channels.
23.6. In addition to these Platform Terms and Conditions your bank’s standard terms and conditions relevant to the use of your debit or credit card will continue to apply.
23.7. You agree that the information you have provided upon registration for any of the Services is true and accurate. You agree to inform us immediately if the information provided becomes incorrect.
23.8. These Platform Terms and Conditions constitute the sole record of the agreement between you and VPS with regard to the Services.
23.9. You may not change any of the Platform Terms and Conditions.
23.10. You may not cede your rights or delegate your obligations in terms of the Platform Terms and Conditions.