1. General

• This agreement may be changed on 30 days’ notice. Such notice shall be posted on the  site: https://wallety.cash. Your continued use of this site after any such changes  constitutes your acceptance of the new end user agreement and its terms and  conditions. 
• This agreement applies exclusively to your access to, and use of, this site and does not  alter in any way, the terms or conditions of any other agreement you may have with  Wallety for products, services or otherwise. 
• the headings of the clauses in the conditions is provided for convenience and ease of  reference only and will not be used to interpret, modify or amplify the terms of the  conditions. 
• No failure or delay by Wallety to exercise any of its rights will be construed as a waiver  of any such right, whether this is done expressly or implied, nor will it affect the validity  of any part of this end user agreement or prejudice our right to take subsequent action  against the user. 
• Wallety cannot screen or edit all the content available from the Wallety site and does  not accept any liability for illegal, defamatory or obscene content. Users are  encouraged to inform Wallety of any content that may be offensive or illegal. 

2. Privacy policy and POPIA

• All rights not expressly granted, are reserved. To obtain permission for the commercial  use of any content on this site contact Wallety at [email address to be provided]. 
• To view our privacy policy and POPIA processes please go to: https://wallety.cash/
• Wallety endeavours to comply with the provisions of the protection of personal  information act (“POPIA”) in its processing and storing user data in that it obtains  permission from data subjects to use their personal information. Wallety only uses the personal information for the purpose that it was disclosed and treats personal  information as confidential. 

• Wallety will never provide personal information to a third party without the data subject  and/or the responsible parties knowledge and agreement. 
• Where a user discloses personal information which they have collected from their  customers and clients to Wallety for the purpose of allowing Wallety to process or  further process such personal information on the users behalf (e.g. The processing of a  credit card payment) such processing will be done subject to the terms of this  agreement and the requirements of POPIA in that the personal information will only be  processed with the knowledge and/or authorisation of the user, will be treated as  confidential and shall not be disclosed by Wallety, unless required by law or during the  proper performance of Wallety’s duties. 

3. Copyright
   
   This end user agreement applies exclusively to your access to, and use of, this site and does  not alter in any way, the terms or conditions of any other agreement you may have with  Wallety for products, services or otherwise. 

4. Intellectual property rights

All the content, trademarks and data on this web site, including but not limited to, software,  databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are  the property of, or are licensed to Wallety and as such are protected from infringement by  local and international legislation and treaties. 

5. Licenses and site access

• Wallety grants you a limited license to make use of the site. Such grant does not  include, without limitation: 
  • Any resale of the site or content therein; 
  • The collection and use of any listings or descriptions; 
  • Making derivative uses of the site and its contents; or 
  • Use of any data mining, robots or similar data gathering and extraction methods.  Except as noted above, you are not conveyed any right or license by implication,  estoppel or otherwise in or under any patent, trademark, copyright or  proprietary right of Wallety or any third party. 
• You may not use, frame or utilize framing techniques to enclose any Wallety trademark,  logo or other proprietary information (including the images found at this site, the  content of any text or the layout/design of any page or form contained on a page) without Wallety‘s express written consent. Further, you may not use any meta tags or  any other “hidden text” utilizing a Wallety name, trademark or product name without  Wallety‘s express written consent. 

6. User conduct

• In using this site, and any of the services it offers, you agree: 
  • Not to disrupt or interfere with the security of, or otherwise abuse, the site, or  any services, system resources, accounts, servers or networks connected to or  accessible through the site or affiliated or linked web sites; 
  • Not to violate or attempt to violate the security of Wallety. Violations of system  or network security may result in civil or criminal liability. Wallety will investigate  occurrences, which may involve such violations and may involve, and cooperate  with, law enforcement authorities in prosecuting users who are involved in such  violations; 
  • Not to disrupt or interfere with any other user’s enjoyment of the site or affiliated  or linked web sites; 
  • Not to upload, post or otherwise transmit through or on this site any viruses or  other harmful, disruptive or destructive files; 
  • Not to transmit through or on this site spam, chain letters, junk mail or any other  type of unsolicited mass email to people or entities who have not agreed to be  part of such mailings; 
• In addition, you agree that you are solely responsible for actions and communications  undertaken or transmitted under your account (if applicable), and that you will comply  with all applicable local, national and international laws and regulations in this regard. 

7. Indemnification

You shall remain solely liable for the content of any messages or other information you upload  or transmit to Wallety. You agree to indemnify and hold harmless Wallety from any claim,  action, demand, loss or damages (including attorneys’ fees) made or incurred by any third  party arising out of or relating to your conduct, your violation of this end user agreement, or  your violation of any rights of a third party. 

8. Submissions

You agree that any materials, including but not limited to questions, comments, suggestions,  ideas, plans, notes, drawings, original or creative materials or other information, provided by  you in the form of email or submissions to Wallety, or postings on this site, are non confidential and shall become the sole property of Wallety. Wallety shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these  materials for any purpose, commercial or otherwise, without acknowledgment or  compensation to you. The submission of any materials to Wallety irrevocably waives any and  all “moral rights” in such materials, including the rights of paternity and integrity. 

9. External Content

Wallety may include hyperlinks to third-party content, advertising or websites. You  acknowledge and agree that Wallety is not responsible for and does not endorse any  advertising, products or resource available from such resources or websites. 

10. Email disclaimer

• The information in all e-mail messages (document and attachments) sent by an  employee / electronic agent / a legal member of Wallety is confidential and may be  legally privileged. The information transmitted is intended only for the person(s) or  entity to which it is addressed. If you are not the intended recipient(s), please notify the  sender immediately and then delete this email (document and attachments). Do not  disclose the contents of this email (document and attachments) to any other person,  nor make any copies thereof. 
• Internet communications cannot be guaranteed to be secure or error-free. Neither  Wallety nor the sender accepts liability for any errors or omissions in the contents of  messages which arise as a result of email transmission. If verification is required,  please request a hard copy version. Also take note that email can possibly contain  viruses and that the recipient is responsible for checking and deleting viruses. In no  event will Wallety or the sender be liable to anyone for any indirect, special,  consequential or direct damages arising from the transmission of email messages, the  opening of email messages and their attachments, or any use thereof whatsoever. 
• No employee is authorised to conclude a binding agreement on behalf of Wallety by  email without the express written confirmation of a director of Wallety. Nothing  contained in said email shall be construed as a legally binding agreement or an offer to  contract. 

11. Acceptance of funds

• By registering with Wallety, you appoint Wallety as your agent to process payments on  your behalf in accordance with your instructions, subject to the terms and restrictions  of this agreement. Wallety will at all times hold your funds separate from its corporate  funds, will not use your funds for its operating expenses or any other corporate  purposes, and will not voluntarily make funds available to its creditors in the event of  bankruptcy or for any other purpose. 
• You acknowledge that:
  • Wallety is not a bank and the service you are provided with is a payment  processing service rather than a banking service, and 
  • Wallety is not acting as a trustee, fiduciary or escrow with respect to your funds,  but is acting only as an agent and custodian. 
• Wallety reserves the right to hold funds beyond the normal distribution periods for  transactions it deems suspicious or for accounts conducting high transaction volumes  to ensure integrity of the funds. 
• Wallety shall not be responsible for payments made to unintended recipients or for  payments made in incorrect amounts due to the input of incorrect information by  senders. 
• Wallety shall not be obligated to pay a user for any payments for which Wallety has not  been fully paid by the sender’s credit card issuer or bank, as applicable. • Wallety reserves the right to require users who receive payments through the service  and operate with high reversal rates or otherwise present a relatively high risk of losses  to choose between closure of their Wallety account or entering into an additional  agreement addressing such risks, which may include higher fees. 
• Wallety does not issue any refunds on any vouchers, once a voucher is sold it is considered as used.

12. Payments

• Wallety facilitates payments through the purchase of a non-redeemable voucher from  Wallety which is in turn redeemed to a user (receiver) through the Wallety system  against a purchase of goods or services in respect of a merchant. 
• Wallety reserves the right to charge the purchaser, an issuing fee per voucher for  issuing and maintaining the voucher details on its systems. 
• Wallety is entitled to, at any time, claim back funds from a user which were deemed, or  shown to be, the result of a fraudulent transaction. The user gives Wallety the right to  debit the funds directly from their Wallety account or by debiting their designated bank  account directly, should the funds in their Wallety account be insufficient. 

13. Imposed limits and delays

• Wallety reserves the right to impose an upper limit on the amount of a single  transaction which will be accepted through the service. 
• Wallety reserves the right to impose certain limits with regards to the flow of funds in  the system including, but not limited to: funds sent, funds received, and funds  withdrawn. Details of what these limits are will be available on the site. 
• Wallety reserves the right to delay the withdrawal of funds in the system based on  when the funds were received by the user. This delay will be noted on the site.
• Wallety reserves the right to freeze or suspend any account in the system for an  indefinite period if there is suspicion of any illegal activity taking place or for any other  reason whatsoever. 

14. Prohibited transactions

• You agree that you will only use the service to accept payments for goods or services  where payment is due and for which there exists an invoice which can be presented to  Wallety upon request. 
• You agree that you will not use the service to accept payment for illegal products or  services, including but not limited to materials that infringe the intellectual property  rights of third parties. 
• You agree not to use the service to sell securities, business opportunities, franchises,  multi-level marketing, or for the pre-order of goods. 
• You will not use the service, the Wallety website or any of the services offered therein  for any unlawful or fraudulent activity. If Wallety has reason to believe that you may be  engaging in or have engaged in fraudulent, unlawful, or improper activity, including  without limitation any violation of any terms and conditions of this agreement, your  access to the service may be suspended or terminated. 
• You will cooperate fully with Wallety to investigate any suspected unlawful, fraudulent  or improper activity. 
• You agree not to impersonate a Wallety user or a Wallety representative, or to request  that a Wallety customer provide you with their password or other information to access  their account. 
• In the event that Wallety becomes aware of any fraudulent transactions and/or  fraudulent activity, and where funds are secured, Wallety will deduct 5% (five percent)  plus VAT on the value refunded. 

15. Security

• Wallety makes every effort to ensure the security and integrity of your account and we  make use of sophisticated systems to accomplish this. You understand however, that  there is a compromise made between the extent of these security systems and the  inconvenience to you, the user. 
• As a possessor, processor, storer and transmitter of voucher holder data Wallety  maintains all applicable data security standards requirements as it relates to the  processing of such data on behalf of our merchants and customers. 
• Wallety strongly suggests that you use a web browser with 128-bit encryption or better.  However, regardless of whether you use a web browser with security features or not,  Wallety is unable to guarantee that data transmitted and is secure and/or will not be  intercepted by third parties.
• Phishing is a form of fraud where criminals attempt to access your confidential  information. This is done by an email request for information, by luring you to a fake  website or some other such means. In any case of phishing, Wallety will respond as  quickly as possible to alert users to the threat or to mitigate the threat. No guarantee is  given as to this action however, and Wallety will not be held liable for any funds lost as  a result of a user falling prey to a phishing attack. It is the responsibility of the user to  be aware of such potential threats, to avoid them and to report them to Wallety upon  discovery. 
• Wallety reserves the right to implement any security measures deemed appropriate to  lower or negate fraudulent transactions, which may result in certain payments a user  (as a receiver), or from a user (as a sender), being disallowed. 

16. Fees

You understand that Wallety will charge fees for the use of any of the services it provides.  These fees are available on the site and may change from time to time. Your acceptance of  this agreement indicates your acceptance of these fees and any change to these fees which  may occur now or in the future. 

17. Disclaimer of warranties

• You understand and agree that this site and the information, services, products and  materials available through it are provided on an “as is” and “as available” basis. You  expressly agree that use of this site is at your sole risk. 
• To the fullest extent permissible pursuant to applicable law, Wallety and its affiliates  disclaim all warranties of any kind, either express or implied, including but not limited  to any warranties of title, or implied warranties of merchantability or fitness for a  particular purpose. No oral or written information provided by Wallety or its affiliates,  officers, directors, employees, agents, providers, merchants, sponsors, licensors or  the like shall create a warranty; nor shall you rely on any such information or advice. 
• You expressly agree that use of this site, including all content, data or software  distributed by, downloaded or accessed from or through this site, is at your sole risk.  You understand and agree that you will be solely responsible for any damage to your  business or your computer system or loss of data that results from the download of  such content, data and/or software. 
• You acknowledge that Wallety does not control in any respect any information,  products or services offered by third parties on or through this site, except as otherwise  agreed in writing, Wallety and its affiliates assume no responsibility for and make no  warranty or representation as to the accuracy, currency, completeness, reliability or  usefulness of content or products distributed or made available by third parties  through this site.
• Wallety does not make any warranty that this site or its content will meet your  requirements, or that the site or content will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected. Wallety does not represent or warrant  those materials in this site or information provided by Wallety via email or other means,  are accurate, complete, reliable, current or error-free. Nor does Wallety make any  warranty as to the results that may be obtained from use of Wallety or its content or as  to the accuracy, completeness or reliability of any information obtained through use of  the site. 
• Wallety assumes no responsibility for any damages suffered by a user, including, but  not limited to, loss of data from delays, non-deliveries of content or email, errors,  system down time, misdeliveries of content or email, network or system outages, file  corruption or service interruptions. 
• Wallety disclaims any warranty or representation that confidentiality of information  transmitted through this web site will be maintained. 
• All the information appearing on this site is provided without a representation or  warranty whatsoever, whether expressed or implied, and Wallety disclaims any liability  to the user in this regard. 

18. Limitation of liability

• Wallety has taken reasonable steps as far as is possible, to ensure the accuracy and  completeness of the content shown on this site, to ensure that the user doesn’t suffer  any loss or damages as a result of the use of this site. 
• Under no circumstances, shall Wallety or its parents, subsidiaries, affiliates, officers,  directors, employees, agents, suppliers or any other party involved in creating,  producing, transmitting, or distributing Wallety or related services be liable for any  indirect, incidental, special, consequential or punitive damages arising from or in  connection with the use or inability to use Wallety or any content provided by or  through this site, or resulting from unauthorised access to or alteration of your  transmissions or data, or other information that is sent or received, including but not  limited to damages for lost profits, use, data or other intangibles, even if Wallety has  been advised of the possibility of such damages. 
• Wallety shall have no liability to you in connection with any actions or transactions by  an individual that uses your username and password with your consent or knowledge  or any cause over which Wallety does not have direct control, including, but not limited  to, problems attributable to computer hardware or software (including computer  viruses), telephones (or other communications equipment), or internet service  providers. 
• Wallety shall have no liability to you in connection with any product, service or  otherwise, purchased or used as a result of the use of this site. It is expressly  understood that the user is aware that Wallety provides a service to bring buyer and  seller or service offerer and service consumer together, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product  purchased, service used, or otherwise, as a result of the use of this site. • Wallety shall not be liable for any fraud, deception or misrepresentations by users of  the service in any capacity whatsoever. 

• In no event shall Wallety be liable for any act or omission of any third party (such as, for  example, any provider of telecommunications services, internet access or computer  equipment or software) or for any circumstances beyond our control (such as, for  example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military  authority, equipment failure, computer virus, or failure or interruption of electrical,  telecommunications or other utility services). 
• Some jurisdictions do not allow the limitation or exclusion of liability for incidental or  consequential damages, in such jurisdictions, liability is limited to the fullest extent  permitted by law. 

19. User’s liability to Wallety

In the event that Wallety takes action against you for breach of these terms of use, you agree  to reimburse Wallety for all legal costs, including tracing fees and collection commission, on  a scale as between attorney and own client. 

20. Applicable law
    The terms and conditions pertaining to any products or services appearing on this site or  pages shall be governed and interpreted in accordance with the laws of the republic of South  Africa. Use of the service offered on this site or pages will constitute the users consent and  submission to the jurisdiction of the South African courts regarding all proceedings,  transactions, applications or the like instituted by either party against the other, arising from  any of the terms and conditions pertaining to this site or such products or services. 

21. Termination

Notwithstanding any of these terms and conditions, Wallety reserves the right, without notice  and in its sole discretion, to terminate your license to use this site, and to block or prevent  future access to and use of this site. 

22. Severability

If any provision of this end user agreement is held to be invalid, void or for any reason  unenforceable, then that provision shall be deemed severable from this end user agreement  and shall not affect the validity and enforceability of any remaining provisions. 

23. Domicilium

Wallety chooses as its domicilium citandi et executandi for all purposes under this agreement,  whether in respect of court process, notice, or other documents or communication of  whatsoever nature: 147 Bram Fischer Avenue Ferndale.

24. Terms

• The terms “the user” and “you” are used interchangeably and refer to all individuals  and/or entities accessing this web site for any reason. 
• The terms “we” and “Wallety” are used interchangeably and refer to Wallety itself and  all individuals and/or entities acting directly on behalf of Wallety. 

25. Changes To Terms

Wallety reserves the right to modify these Terms from time to time at our sole discretion and  without any notice. Changes to our Terms become effective on the date they are posted and  your continued use of Wallety after any changes to our Terms will signify your agreement to be  bound by them.