Legal & Policies - VezoPay Ring

Important Legal Information

By using this device or any other VezoPay or affiliate Product, including but not limited to wearable devices, accessories, running on any operating system ("Product"), you accept the terms of this End User License Agreement ("EULA"). The EULA is a binding legal agreement between you and VezoPay, including its Applicable Law and Arbitration Agreement. If you do not accept the terms of this EULA, do not use the Product or the VezoPay Software.

The full End User License Agreement (EULA) is also available on the VezoPay Website, in the Legal tab.

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VezoPay (Pty) Ltd. (“VezoPay”, “we”, “us”, “Vezo”) for hardware, and/or software whether pre-installed or downloaded, owned by VezoPay and/or its affiliated companies and its third party suppliers and licensors. This EULA, includes software, associated media, content, data, printed materials, and electronic documentation in connection with your use of the VezoPay Product, which will be defined below (“VezoPay Software”).

If you are under the age of 18, you may not license or use this software. If you are a Minor younger than 18 (“Minor”), you represent that you have reviewed this EULA with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of this EULA. If you are a parent or guardian permitting a Minor to use the Product, you agree to:

(i) supervise the Minor's use of the Product;

(ii) assume all risks associated with the Minor's use of the Product,

(iii) assume any liability resulting from the Minor's use of the Product,

(iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and

(v) assume responsibility and are bound by this EULA for the Minor's access and use of the Product.

1. Intellectual Property

All Intellectual Property, as defined below, owned by VezoPay or relating to the Product, is proprietary to VezoPay and protected under South African Law. Intellectual Property includes but is not limited to, inventions (patentable or un-patentable), patents, trade secrets, copyrights, software, computer programs, accessories, parts, and related documentation, and other works of authorship.

You may not infringe or otherwise violate the rights secured by the Intellectual Property. Moreover, you agree that you will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to create source code from the software. No title to or ownership in the Intellectual Property is transferred to you. All applicable rights of the Intellectual Property shall remain with VezoPay.

2. Open source software

Some software components of this Product, incorporate source code covered under open source licenses. 

VezoPay is not liable for performance issues or incompatibilities caused by any issues that arise from the use of any device, OS, or software not owned and controlled by VezoPay

3. Modification of software & Hardware

VezoPay is not liable for performance issues or incompatibilities caused by the modification of wearables, or the modification of the Operating System (OS) or software. 

4. Grant of license

VezoPay grants you a limited non-exclusive license to install, use, access, display, and run one copy of the VezoPay Software on a single Product, local hard disk(s), or other permanent storage media of one computer. You may not make VezoPay Software available over a network where it could be used by multiple computers or Products at the same time. You may make one copy of the VezoPay Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Certain items of the VezoPay Software may be subject to open-source licenses. The open-source license provisions may override some of the terms of this EULA. We will make the applicable open source licenses available to you on the legal notices section of the Settings menu of your Product.

5. Reservation of rights and ownership

VezoPay reserves all rights not expressly granted to you in this EULA. Copyright and other intellectual property laws and treaties protect the VezoPay Software, and hardware. VezoPay, the title copyright, and other intellectual property rights in the VezoPay Software. The VezoPay Software is licensed, not sold.

6. Limitations on end-user rights

You shall not, and shall not enable or permit others to, copy reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the VezoPay Software nor hardware (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation). 

You may not modify or disable any features of, the VezoPay Software or Hardware, or create derivative works based on the VezoPay Software or Hardware. You may not rent, lease, lend, sublicense, or provide commercial hosting services with the VezoPay Software. You may not transfer this EULA or the rights to the VezoPay Software granted herein to any third party unless it is in connection with the sale of the Product which the VezoPay Software accompanied. In such event, the transfer must include all of the VezoPay Software (including all component parts, the media and printed materials, any upgrades, and this EULA) and you may not retain any copies of the VezoPay Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the VezoPay Software must agree to all the EULA terms. Where Product is being used by your employee or other person using the Product as part of your undertaking (“Your Staff”), that member of Your Staff is licensed to use the VezoPay Software or Hardware as if it were you and must comply with these terms on the same basis. Any failure to comply with these terms by Your Staff shall be deemed to a failure to comply with these terms by you.

7. VezoPay Software Updates

VezoPay may make available "Updates" as defined below, after you initially obtain the VezoPay Software. Updates are defined to include upgrades, supplements, add-on components, bug fixes, revisions, deletions, enhancements, and improvements to the VezoPay Software and related services.  This EULA applies to any Updates unless we provide other terms along with such Updates. To use VezoPay Software provided through Updates, you must first be licensed for the VezoPay Software identified by VezoPay as eligible for Updates.

Your device may download certain Updates automatically from time to time through Wi-Fi or other network connection. You may change the settings in your device to manually download Updates, however, given the importance of receiving Updates for security or safety-related software in a timely manner, to resolve critical problems reported to VezoPay, to defend against certain new threats and vulnerabilities, and to provide the latest functionality, these Updates may be automatically downloaded and installed which may limit the usage of some software and/or hardware. Where an Update will materially alter the VezoPay Software, VezoPay (Via your device’s application will provide you with notice of the Update, where practical. Updates may result in data consumption, and we recommend you switch to a free Wi-Fi or free network connection to avoid any unintended data charges. We recommend you check the availability of any new updates periodically for optimal use of your product and device.

The services and/or features provided by Wearable Devices may vary or be limited depending on your country, Device model.

The Wearable Device and Application may contain, or may be compatible with certain Software. Wearable Device is not intended to be treated as a medical device nor replace the relationship between you and your physician or other medical provider. Do not disregard professional medical advice, nor delay seeking such advice.

VezoPay is not liable for any injuries, damages, losses, and/or costs suffered by users, that are associated with the services and/or information, including recommendations, guidelines, nor for the accuracy of any information provided or acquired by or accessed through VezoPay Software.

8. Consent to use of data

Privacy Policy: Collection of data using software or applications on your device will be performed in accordance with the provisions of this section and as set forth in VezoPay’s Privacy Policy. For your reference, VezoPay’s Privacy Policy can be viewed at:

https://vezopay.com/privacy-policy/ 

To provide Updates, you agree that VezoPay and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current software version,Batch ID, Token ID. VezoPay may use this information to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

Diagnostic and Usage Data: If you opt into diagnostic and usage collection, VezoPay and its affiliates may collect maintain, process, and use diagnostic, technical, and usage-related information (“Diagnostic and Usage Data”), that is gathered to provide and improve VezoPay products and services, facilitate the provision of Updates, product support, and other services to you, if any, related to the VezoPay Software and/or Hardware, and to verify compliance with the terms of this License. VezoPay may use this information for the purposes described above and in accordance with its Privacy Policy available at the hyperlink above.

Location Data: As described in the VezoPay Privacy Policy, available for viewing at the hyperlink above, VezoPay and its partners, licensees, and third-party developers may provide certain services that rely upon location information, such as your device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us, with your consent, when you use such location-enabled services.

9. Internet access

Some features of the VezoPay Software may require your Device and/or Product to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. Unless your Device and/or Product is connected to the Internet through a Wi-Fi connection, the VezoPay Software will access the Internet through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the VezoPay Software may be affected by the suitability and performance of your device hardware or data access.

10. Export Restrictions

You acknowledge that VezoPay Software and Hardware is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to VezoPay, including all the applicable export restriction laws and regulations.

11. Termination

This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from VezoPay if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the VezoPay Software and Hardware. Your obligations under this EULA and the provisions of the Limitation of Liability shall survive any such termination.

12. Third-party materials

Certain third-party applications or services may be included with, or downloaded to your Product. Such third-party applications or services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the VezoPay Software and/or Hardware, you acknowledge and agree that VezoPay is not responsible for the availability of such Third Party Materials and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such Third Party Materials.

You expressly acknowledge and agree that the use of Third Party Materials is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy, and effort is with you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Materials), in any manner, and you shall not exploit the Third Party Materials in any unauthorized way whatsoever, including but not limited to, using the Third Party Materials to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use the Third Party Materials in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that VezoPay is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Third Party Materials. References on this Product to any names, marks, products, or services of any third parties are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You acknowledge and agree that the use of any Third Party Materials is governed by such Third Party Materials provider’s terms of use, license agreement, privacy policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such Third Party Materials provider, will be subject to such Third Party Materials provider’s privacy policy if such a policy exists. This EULA will not affect your legal relationship with such third-party providers.

VEZOPAY DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY MATERIALS PROVIDER. VEZOPAY EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY MATERIALS PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD-PARTY MATERIALS PROVIDER.

13. Digital certificate

You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by VezoPay or a third party and your use of such certificate. VezoPay makes no express or implied warranties or representations as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third-party rights with respect to digital certificates.

14. Limitation of liability

VEZOPAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE VEZOPAY SOFTWARE/HARDWARE OR ANY THIRD-PARTY APPLICATION, ITS CONTENT, OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF VEZOPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT YOU WILL USE THE SOFTWARE/HARDWARE PRODUCT AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR SOME OTHER TYPES OF LOSS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, VEZOPAY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE VEZOPAY SOFTWARE/HARDWARE OR THIRD PARTY APPLICATIONS ON A MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS WEARABLE, DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS WEARABLE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

15. Applicable law

This EULA shall be governed by and interpreted in accordance with the laws of the Republic of South Africa without reference to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. VezoPay may apply for injunctive remedies (or an equivalent form of urgent legal relief) in any jurisdiction.

16. Dispute Resolution Agreement

This End User License Agreement includes a binding Dispute Resolution Agreement, which includes an arbitration provision.  The Dispute Resolution Agreement can be found at https://Vezopay.com and is incorporated herein.  Please review the Dispute Resolution Agreement carefully.  It affects your rights.  There is a limited 30-day right to opt out of the arbitration provision.  If a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Vezopay and its customers agree to address the dispute through binding individual arbitration (unless customers have timely opted out of the provision) or in small claims court where the customers reside.  Class and representative proceedings are not allowed.  In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision.  There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court.  The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

17. Entire Agreement; Severability

This EULA is the entire agreement between you and VezoPay relating to VezoPay Software/Hardware.

VezoPay’s End User License Agreement (“EULA”) is a legal agreement between you and VezoPay (Pty) Ltd. By using this device or any other VezoPay Product, you accept the terms of this EULA. If you do not accept these terms, do not use the Product or the VezoPay Software/Hardware.

18. Use by children

Children or other persons requiring supervision can accidentally choke on small device components or parts.

Keep out of the reach of Children under the age of 6

If a child or other person tries to suck on or bite the device, this can puncture the housing of the device and lead to water damage or irreparable device damage.

1. About this Privacy Notice

1.1. This is the privacy notice (“Notice”) of VezoPay, Edenvale, South Africa‎‎, (“VezoPay”, “we", “us”, “our”). VezoPay is the data controller for the purpose of this Notice.

1.2. This Notice, together with our Terms of Use, sets out the basis on which we will process any personal data obtained in connection with your use of and interaction with this website or any other online presence administered by us including our social media presences and our applications, (collectively referred to as “Website”). 

1.3. We will post any changes we may make to our Notice on this Website or communicate them to you by email.

1.4. The Notice currently in place dates from 02.10.2024.

2. What personal data do we collect from you?

2.1. We collect personal data, that you provide to us, such as by filling out a contact form, registering for an account, using interactive features, subscribing to a service, participating in a marketing promotion, ordering a product or a service, requesting information and/or material or complete surveys. Such personal data may consist of:

2.1.1. contact information (such as name, postal address, email address, and mobile or other telephone number);

2.1.2. purchase and transaction information;

2.1.3. payment information (such as your payment card number, expiration date, authorization number or security code, delivery address, and billing address);

2.1.4. customer service information (such as customer service inquiries, comments, and repair history);

2.1.5. username and password;

2.1.6. information regarding your personal or professional interests, date of birth, marital status, demographics, and experiences with our products and contact preferences;

2.1.7. photographs, comments and other content you provide;

2.1.8. contact information you provide about friends or other people you would like us to contact; and

2.1.9. information we may obtain from our third-party service providers.

2.2. We collect metadata, for example details of your visits to the Website, such as traffic data, location data, IP address, browser information, session data, preferences, settings, weblogs and other communication data, which we monitor during your interaction with the Website. 

3. On which basis do we process your personal data?

3.1. We process your personal data for the purposes indicated or obvious at the time of collection and

3.1.1. to which you have agreed, for example by checking a box; or 

3.1.2. for which we are required by applicable laws, for example to comply with data retention requirements regarding data relevant for financial reporting; or

3.1.3. which is necessary for the performance of a contract, for example if you order items; or

3.1.4. for which we rely on other legitimate interests, which include:

- gathering market intelligence, promoting products and services, communicating with and tailoring offers to you;

- delivering and improving our products or services;

- management of customer, client, vendor and other relationships, sharing intelligence with internal stakeholders, implementing safety procedures, and planning and allocate resources and budget;

- monitoring, detecting and protecting the organisation, its systems, network, infrastructure, computers, information, intellectual property and other rights from unwanted security intrusion, unauthorised access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage and cyberattacks;

- protecting and developing industry standards; sharing intelligence about individuals or concerns that may have a negative or detrimental impact; and following industry best practices; or

- complying with industry standards, regulators’ requirements and other requirements related to fraud prevention and anti-money laundering.

4. For which purposes do we process your personal data?

4.1. We process your personal data for the following purposes:

4.1.1. If you fill out a contact form providing your name, email-address, telephone number, preferences, etc., we use your data for answering your questions, sending you information or performing other tasks you ask us to.

4.1.2. If you register an account with us, then we process the data required to open that account, for example your name, address, email-address, password, profile picture, third party account data (if you register using your Facebook account, for example), etc. to allow your registration and management of your account.

4.1.3. If you use our interactive features, we process the data required to use these features to allow you and manage their use, for example, your name and email-address to appear in a ranking and to send you updates regarding the online game in which you participated.

4.1.4. If you are an existing customer, we may send you advertisement about our products and services using, for example, your name and postal address.

4.1.5. If you subscribe to a service like our newsletter by providing us with your email-address and name, then we use this data for sending you our newsletter. 

4.1.6. If you participate in a marketing promotion, then we use the data we require from you to allow your participation, for example, to manage your invitation for an event or to determine and contact the winner of a contest. 

4.1.7. If you order a product, material or a service, we need and process the data required to fulfill your order, such as your name, telephone number, delivery address, credit card information, email-address, etc., for example to confirm your order, process your payment, c

heck credit scoring, deliver the ordered items and contact you for delivery purposes.

4.1.8. If you answer one of our queries and provide us personal data such as name, age, occupation, etc., then we use this data to analyze the query results and draw conclusions therefrom. 

4.1.9. If you consent to receive marketing information where prompted, then we use your data to send you promotional materials and other communications, to communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research, to provide advertisements to you about our products and services, to tailor your use of the Website, marketing experience, and communications according to your preferences and our terms

4.1.10. If you interact with us on third party social networks, then we process your data for such interaction with you on these networks (our interactions with you on a third party social network would be subject to that network's privacy policies and terms of use).

4.1.11. We process your personal data also to comply with and enforce applicable legal requirements, our Terms of Use, relevant industry standards, contractual obligations and our policies.

4.2. We may process your personal data in a centralized system that allows enhancing your brand experience by tailoring our communication and marketing efforts to make them as relevant and useful as possible for you (profile building). For this we may process, match and enrich your personal data with data received from your interaction with us or from third parties. For example, if you tell us your age, income, hobbies or travel activities then we may mirror this data against your purchase behavior and other information we have obtained from you in order to approach you with offers, invitations or promotions that we believe specifically fit your interests. 

4.3. We process metadata that we collect from you to improve our Website, analyze traffic pattern and Website usage, for targeted marketing, to develop and analyze statistics and demographics, or optimize our online presence and marketing efforts. 

5. To whom do we disclose and transfer your personal data?

5.1. We may disclose your personal data to the following recipients or categories of recipients for them to use the data on their own behalf and under their own control (controllers):

5.1.1. Our parent company The VezoPay Group Ltd, 134 7th Avenue, Edenvale, South Africa, 1609

5.1.2. Our affiliates within VezoPay Group in the countries where our brand is represented as indicated when we collect your personal data.

5.2. We may disclose your personal data to the following recipients or categories of recipients acting on our behalf and/or as partners (processors), limited to the purpose of the execution of their obligations, which are contractually bound to adhere to an adequate level of data protection when processing your personal data (for example to fulfil orders, deliver packages, process credit card payments, provide customer service, send postal mail and e-mail, store and process data, host websites, remove repetitive data from customer lists, analyse data, provide marketing assistance, execute customer satisfaction surveys, provide customized advertising):

5.2.1. VezoPay Group

5.2.4. Our affiliates within VezoPay Group;

5.2.5. Our third party service providers.

5.3. We may disclose your personal data to an acquirer if VezoPay or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

5.4. We may disclose your personal data if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of VezoPay or any member of VezoPay Group, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.

5.5. We may internationally transfer your personal data, including to countries that are not considered providing an adequate level of data protection by the relevant regulatory bodies. In such case, we ensure the adequate protection of your personal data by having the recipients adhere to binding contractual obligations in accordance with applicable standards approved by the relevant regulatory bodies or by relying on other safeguards, such as self-certifications, approved by the relevant regulatory bodies. You may contact us for a copy of the contractual and other safeguards in place (see section 9 below). 

5.6. This Website may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

6. For how long do we process your personal data?

We process your personal data:

- until you withdraw your consent for future processing, for example until you unsubscribe from our newsletter or delete your account with us;

- until we are sure that you are satisfied after you have approached us, e.g. to order a catalogue, to ask a question, to request information, to make an appointment or a reservation, etc. but no longer than twelve (12) months after the last contact, unless we can rely on another justification, have informed you otherwise or you have given your consent for a longer retention period;

- in connection with a purchase you make or in connection with a customer service transaction for the time until the transaction is completed plus at least the warranty period to which we may add a grace period for your benefit, unless we can rely on another justification, have informed you otherwise or you have given your consent for a longer retention period;

- for as long as you remain our business partner plus ten years, unless we can rely on another justification, have informed you otherwise or you have given your consent for a longer retention period; 

- for as long as laws require us, e.g. legal retention obligations based on bookkeeping or tax laws and regulations

7. When do we require your personal data?

If you wish to conclude a contract with us, for example if you order items or services, then we are required to obtain from you certain personal data to allow us to enter into this contract, for example, your name, delivery address, place of residence, payment information or contact information. Should you decide not to provide us the required information, we may not conclude this contract with you. 

8. What are your rights?

8.1. You have the right:

- to request from us access to and rectification or deletion of your personal data;

- to request us to restrict the processing of your personal data, in particular to object to the processing of your personal data for direct marketing purposes; and

- to request from us to provide you or any person or entity you appointed with a digital file of your personal data (data portability). 

8.2. You may withdraw your consent that allows us to process your personal data for the indicated purposes at any time.

8.3. To exercise the above rights, you may contact us as indicated below.

8.4. You also have the right to lodge a complaint with the competent authority.

9. How can you contact us?

For any questions or to exercise your rights, you may contact us using the contact form https://vezopay.com/contact or make use of our live chat functionality.

How do I resolve disputes with VezoPay?

At VezoPay, nothing matters more to us than the relationships we’ve built with our valued customers.  If you have any questions or concerns, we’re always ready to serve you online at https://vezopay.com with round-the-clock chat, and on Facebook.  In the unlikely event that you experience an issue that cannot be resolved through VezoPay Support,VezoPay, and its customers agree to the dispute resolution process set forth below.  This agreement is designed to help VezoPay and its customers personally discuss any concerns and resolve them fairly and efficiently.

If, however, a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference if requested), VezoPay and its customers agree to address the dispute through binding individual arbitration (unless customers timely opt out) or in small claims court where the customers reside.  Class and representative proceedings are not allowed.  In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision.  An arbitrator applies the same law and can award the same individual remedies as a court.  The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

VezoPay is committed to addressing any customer concerns, whatever the issues might be.

DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY INFORMAL DISPUTE RESOLUTION AND ARBITRATION TERMS AND LIMITED 30-DAY OPT-OUT OF ARBITRATION)

This is a binding legal agreement (“Agreement”) between You and VezoPay (Pty) Ltd and its past, present, and future parents, subsidiaries, affiliates, and related entities (both domestic and foreign), as well as all of their respective officers, agents, employees, representatives, predecessors in interest, successors, and assigns (“VezoPay”).  Please review the Agreement carefully.  It affects your rights.  Electronic acceptance of the Agreement, opening the Product packaging, use of the Product, or continued possession of the Product constitutes acceptance of this Agreement regardless of whether You are the original purchaser, user, or other recipient of the Product.  You agree that all users or other recipients of the Product are subject to and agree to be bound by the Agreement.  If You are the parent or guardian of a minor user or recipient of the Product, You agree to the Agreement on their behalf.  You may elect to opt out of arbitration within thirty (30) days of Your purchase or first activation (including activation of the Product by someone on Your behalf) of the Product, as set forth in Section 7 below.  In the event of a conflict between the Agreement and any other applicable terms with VezoPay, the Agreement shall govern.

EXCEPT AS PROVIDED IN SECTIONS 3 AND 4 BELOW, THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE DISPUTES THAT CAN NOT BE RESOLVED INFORMALLY ONLY IN SMALL CLAIMS COURT OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN THROUGH A TRIAL OR CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT.

“Product” shall be interpreted broadly to include both hardware and software on any VezoPay branded device.  This includes software, services, and applications that are created or distributed by VezoPay (“VezoPay Software”) as well as any third-party software, services, and applications that are pre-loaded onto the VezoPay-branded device.

Except as set forth in Section 4 below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of or relating in any way whatsoever to (i) the relationship between You and VezoPay; (ii) the advertising, marketing, sale, condition, or performance of the Product; (iii) the Terms and Conditions relating to the Product—including, but not limited to, the End User License Agreement, Standard Limited Warranty, and privacy policies and notices and (iv) claims that are currently the subject of a purported class action in which You are not a member of a certified class.  Dispute shall encompass any claim or controversy that arose before the Agreement or after termination.

“Party” shall be interpreted to refer to You and VezoPay individually, and “Parties” shall refer to You and VezoPay collectively.

1. Mandatory Informal Dispute Resolution Procedure

If You or VezoPay intend to initiate an arbitration or small claims court proceeding, You or VezoPay must first send a fully completed notice of the Dispute (the “Notice”) to the other Party.  The Notice must include (i) the claimant’s name and contact information (email address, mailing/physical address, and telephone number); (ii) a description of the nature and basis of the Dispute; (iii) the specific Product or account at issue; and (iv) the nature, amount, and basis of the relief sought with a detailed calculation of it. The Notice must be personally signed by You (if You are sending the Notice) or by a VezoPay representative (if VezoPay is sending the Notice) even if You or VezoPay are represented by counsel.  Your Notice shall be sent by email to [email protected]. VezoPay’s Notice shall be sent to the email or physical address it has on file for You.

Once the Notice is received by the other Party, You and VezoPay agree to participate and negotiate (personally and, if You and VezoPay are represented, with counsel) in good faith about the Dispute for sixty (60) days.  This personal participation includes a telephone settlement conference between You and VezoPay if it is requested by the Party that receives the Notice.

If the Dispute is not resolved within sixty (60) days after receipt of the Notice (or a longer period agreed to by the Parties), You or VezoPay may initiate an arbitration or a small claims court proceeding in accordance with the Agreement.

Neither Party to this Agreement may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 1.  If either Party violates this Section 1, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, the Arbitration Foundation of South Africa (“AFSA”), Association of Arbitrators (South Africa), or an alternate arbitration administrator (as set forth below), shall neither accept nor administer such arbitration nor assess Arbitration Fees (as defined below) in connection with such arbitration.  A Party may elect to raise, and seek monetary relief in connection with, non-compliance with this Section 1 in arbitration or small claims court.

Any relevant limitations period and filing fee or other deadlines will be tolled during the sixty (60) day Mandatory Informal Dispute Resolution Procedure unless that period is extended by agreement of the Parties.

2. Class Action Waiver and Individual Relief

You and VezoPay agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant, or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.  This means that You and VezoPay may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in other similar capacity for an individual who cannot otherwise bring their own individual claim.  Nothing in this Section 2 prevents You or VezoPay from participating in a class-wide settlement.

The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim.  Further, unless You and VezoPay agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.  If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

3. Small Claims

If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 1, You and VezoPay agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in VezoPay resides seeking only individualized relief so long as the Dispute falls within the jurisdictional limits of that court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction.

4. Mutual Arbitration Agreement

If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure and neither Party elects to have the Dispute heard in small claims court, You and VezoPay agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:

• Any Dispute relating to the infringement or other misuse of intellectual property rights;
  
  
• Any Dispute relating to the formation, scope, validity, and enforceability of this Agreement;
  
  
• Any disagreement over whether a Dispute falls within the jurisdictional limits of a small claims court;
  
  
• Any Dispute that exclusively seeks declaratory or injunctive relief; and
  
  
• Any proceeding to (i) enforce the prohibition on class, collective, representative, private attorney-general, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce Sections 1 and 5 of this Agreement or (iii) adjudicate a Dispute over whether You have effectively opted out of arbitration as set forth in Sections 5 and 7 or to adjudicate a Dispute that has been opted out.

The arbitration will be administered by the AFSA and heard by a single, neutral arbitrator.  Except as modified by this Agreement, the AFSA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AFSARules”).  The AFSA Rules are available at https://arbitration.co.za/.  If the AFSA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties agree that the arbitration will be administered by AOASA and heard by a single, neutral arbitrator.  Except as modified by this Agreement, AOASA will administer the arbitration in accordance with the AFSA  Rules.  If AOASA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AFSA Rules (except as modified by this Agreement).  If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AFSA Rules (except as modified by this Agreement).

A Party seeking to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AFSA Rules.  The Demand for Arbitration must be personally signed by the Party initiating arbitration (and their counsel if they are represented).  By signing the Demand for Arbitration, a Party (and their counsel if they are represented) certifies that they have complied with the relevant South African Laws, including that the claims or the relief sought are neither frivolous nor brought for an improper purpose.  The arbitrator is authorized to award any relief or impose any sanctions the relevant South African Law 

You and VezoPay each have the right to request a telephone preliminary management hearing after the appointment of the arbitrator or other hearing consistent with AFSA Rules.  If a preliminary management hearing or other hearing is held, You and a VezoPay representative agree to personally attend (with counsel, if You and VezoPay are represented) if requested by You or VezoPay and ordered by the arbitrator.  If such a request is made of, and ordered by, the arbitrator and a Party fails to personally attend the preliminary management hearing or other hearing and is represented by counsel, the arbitrator shall have the authority to issue sanctions, including, but not limited to, reimbursement of the fees imposed by the arbitration administrator (including any filing fees, case management fees, hearing fees, and arbitrator compensation) (“Arbitration Fees”) paid by the other Party as of the date of the hearing.  If a Party seeks to withdraw a Demand for Arbitration after the appointment of the arbitrator but before a preliminary management hearing or other hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of the Arbitration Fees paid as of the date of the withdrawal.

The arbitrator shall issue a reasoned written award sufficient to explain the essential findings and conclusions on which the award is based.  The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different consumers.  The arbitrator will apply and be bound by this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis.  An arbitrator’s award that has been fully satisfied shall not be entered in any court.

Any arbitration hearing will be conducted in the county or parish where You reside or at another location that is reasonably convenient to You.

5. Mass Arbitrations

If more than fifty (50) claimants (including You) assert similar claims against VezoPay through the same or coordinated counsel or are otherwise coordinated (“Mass Arbitrations”), You understand and agree that the additional procedures in this Section 5 apply and that the resolution of Your Dispute might be delayed.

Stage One.  Counsel for the claimants and counsel for VezoPay shall each select twenty-five (25) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process.  Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After this initial set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and VezoPay shall pay the mediation fee.

Stage Two.  If the remaining claims are not resolved at this time, counsel for the claimants and counsel for VezoPay shall each select fifty (50) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of a second staged process.  The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After this second set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and VezoPay shall pay the mediation fee.

Stage Three.  If the remaining claims are not resolved, the Parties shall meet and confer to discuss potential ways to streamline the proceedings, increase efficiencies, and conserve costs.  Unless the Parties agree otherwise, counsel for the claimants and counsel for VezoPay shall each select seventy-five (75) claims (per side) to be filed and to proceed in individual arbitration proceedings as part of a third staged process.  The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After this third set of staged proceedings, the Parties shall engage in a global mediation of all remaining claims with a retired magistrate or high court judge, and VezoPay shall pay the mediation fee.

In connection with each stage set forth above (i) each of the claims within that stage shall be assigned to a different, single arbitrator and (ii) each arbitrator shall aim to issue their award within one hundred twenty (120) days after their appointment.

If Your claim is not resolved after the three sets of staged proceedings and related mediations, either:

(i) You and VezoPay may, separately or by agreement, opt out of arbitration and elect to have Your claim heard in a court of competent jurisdiction consistent with this Agreement.  You may opt out of arbitration by providing Your individual written notice of Your intention to opt out to the arbitration administrator and to VezoPay at [email protected]  within thirty (30) days after the conclusion of the third mediation.  Your written notice must be personally signed by You.  VezoPay may opt Your claim out of arbitration by sending written notice of its intention to opt out to the AFSA (or, if the AFSA is not administering the arbitration, then to the alternative provider that is administering the arbitration) and to Your counsel within fourteen (14) days following the expiration of Your thirty (30) day opt-out period.  VezoPay’s written notice must be personally signed by a VezoPay representative.  Counsel for the Parties may agree to adjust these deadlines.

OR

(ii) If neither You nor VezoPay elects to have Your claim heard in court consistent with (i), then You agree that Your claim will be resolved through additional staged proceedings as set forth below. Assuming the number of claims exceeds two hundred (200) claims, then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel for the Parties) to proceed in individual arbitration proceedings as part of a staged process.  If the number of claims is fewer than two hundred (200), all of those claims shall proceed in individual arbitration proceedings.  Each of these two hundred (200) claims (or fewer if the total number of claims is less than 200) shall be assigned to a different, single arbitrator.  Each arbitrator shall aim to issue their award within one hundred twenty (120) days after appointment. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters.  Counsel for the Parties are encouraged to meet and confer, participate in mediation, and engage with each other and the arbitration administrator to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.

Unless the Parties agree otherwise, an arbitrator may not be appointed to cases in consecutive sets of staged proceedings.  An arbitrator may be appointed to cases in non-consecutive sets of staged proceedings.  You and VezoPay agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either Party may negotiate with the arbitration administrator for reduced Arbitration Fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration.

Any relevant limitations period and filing fee or other deadlines shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that the first cases are selected for a staged process until the time Your claim is selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.

You and VezoPay agree to engage in the process in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration provision and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of Arbitration Fees.

6. Arbitration Fees

All Arbitration Fees shall be determined by the AFSA Rules as modified by this Agreement. If Your Dispute is for less than R2000 and is not part of a Mass Arbitration as set forth in Section 5 above, then VezoPay shall reimburse Your portion of the Arbitration Fees unless an arbitrator determines that Your Dispute was frivolous, brought for harassment, or an illegitimate or improper purpose, brought in bad faith, or brought without material compliance with the requirements set forth in this Agreement.

7. Opt Out

You may opt out of arbitration by providing written notice to VezoPay personally signed by You no later than thirty (30) calendar days from the date of Your purchase or the first activation (including activation of the Product by someone on Your behalf) of the Product.  To opt out, You must send notice by email to [email protected], with the subject line: “Arbitration Opt Out.”  You must include in the opt-out: (i) Your name and address; (ii) the date on which the Product was purchased (or if You did not purchase the Product, then the date that You first began using the Product or that You received the Product); (iii) the Product model name or model number; and (iv) the IMEI or MEID or Serial Number, as applicable, if You have it (the IMEI or MEID or Serial Number can be found (a) on the Product box;(b) on the leaflet inside the product box. Opting out of arbitration will not affect in any way the benefits to which You would otherwise be entitled, including the benefits of the Standard Limited Warranty.

8. Changes

VezoPay reserves the right to change this Agreement and shall provide notice of material changes in a form chosen at VezoPay’s discretion.  You agree that such notice is sufficient.  If VezoPay changes this Agreement after the date You first accepted it (or accepted any subsequent changes to the Agreement), You agree that Your continued use of the Product, services, application, or software after notice of such changes will be deemed acceptance of those changes.  If You do not agree to such changes, You may reject any such changes within thirty (30) days of the date such changes became effective by sending written notice personally signed by You by email to [email protected], with the subject line: “Dispute Resolution Change Opt Out.”  You must include in the opt-out email: (i) Your name and address; and (ii) Your intent to reject changes to this Agreement.  By rejecting changes, You are agreeing that You will resolve any Dispute between You and VezoPay in accordance with the provisions of this Agreement as of the date You first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).

9. Severability

Except as otherwise provided in this Agreement, if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible.  The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.

11. Survival

This Agreement shall survive termination of the Terms and Conditions of the Product, Your relationship with VezoPay, and Your use of the Product

1. Introduction
   1. By purchasing or using any VezoPay wearable devices, you agree to these Terms and Conditions. Please read them carefully before using your wearable. If you do not agree, do not use the wearable.
   2. VezoPay reserves the right to limit the services or functionalities available based on geographic location, device compatibility, or regulatory constraints. Users acknowledge that certain services may not be available in all locations.
2. Definitions
   1. VezoPay Wearables: Refers to any wearable device (Payment Ring, Health Ring, fitness band, etc.) provided by VezoPay that enables payments and other functionalities.
   2. User: The individual who uses the wearable device.
   3. Service: Refers to the payment and VezoPay associated services provided through VezoPay wearables and/or Devices.
   4. Issuer: An issuer refers to the entity responsible for creating, distributing, or issuing a financial instrument, document, or obligation. An example of a financial institution is as a bank.
3. Usage of VezoPay Wearables
   1. Users must register and create an account with VezoPay to use the payment functionalities of the wearable.
   2. Users must ensure the wearable is used in accordance with the instructions provided by VezoPay.
   3. Wearables should not be used for any unlawful purposes or in any way that breaches local or international regulations.
   4. VezoPay will not be held responsible for any damages, losses, or legal claims related to the use of the product or service
   5. Prior to purchasing VezoPay wearables, you confirm that you are legally capable of entering into binding contracts.
   6. Users are responsible for maintaining the confidentiality of their account login information. VezoPay will not be liable for any unauthorised use of the user’s account.
4. Payments and Transactions
   1. VezoPay wearables allow users to make payments through contactless technology at participating merchants.
   2. By initiating a transaction, you authorise VezoPay’s partner issuers to process the payment on your behalf according to your existing agreements with said issuers.
   3. Users are responsible for ensuring they have sufficient funds or credit available in their linked account(s) for the transaction.
5. User Responsibilities
   1. The user is responsible for keeping their wearable safe and secure.
   2. In the event of loss, theft, or unauthorised use of the wearable, the user must notify VezoPay as well as the issuer immediately.
   3. Users are responsible for any and all transactions and indemnify VezoPay from any liability.
   4. Users are responsible for ensuring that their use of VezoPay wearables complies with all applicable local laws and regulations, particularly those concerning payments and data privacy.
6. Third Party Services
   1. VezoPay wearables may integrate with third-party services, such as financial institutions and software providers. VezoPay is not responsible for the quality, functionality, or availability of third-party services. Users should refer to the terms and conditions of third-party providers for more information on their services.
7. Privacy and Data Collection
   1. By using VezoPay wearables, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy.
   2. The wearable may collect certain data related to your usage patterns, location, and transaction history to enhance the service.
   3. VezoPay will take appropriate measures to protect your data from unauthorised access.
8. Warranties and Disclaimers
   1. VezoPay provides a limited warranty that the wearable will be free from material defects for a period of [6] months from the date of purchase.
   2. The warranty does not cover damages resulting from misuse, unauthorised modifications, or accidents.
   3. VezoPay does not guarantee the uninterrupted availability of its services, nor is it responsible for any loss resulting from system outages, delays, or errors.
   4. In the event of a defective product, users have [30 days] from the date of purchase to request a refund or replacement. Refunds are subject to inspection and approval. VezoPay reserves the right to reject any refund or return requests that do not meet these conditions.
9. Liability
   1. VezoPay will not be liable for any direct, indirect, or consequential damages arising from the use or inability to use the wearable or services.
   2. The user is responsible for ensuring the device is compatible with their banking institution and merchant systems.
   3. The Issuer assumes the responsibility for providing and managing the issued asset or instrument under agreed-upon terms and conditions. The issuer's role typically includes ensuring the integrity of the instrument, fulfilling any associated obligations, and maintaining compliance with relevant legal and regulatory framework.
   4. VezoPay will not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, government actions, wars, terrorism, labour disputes, or cyberattacks.
   5. VezoPay’s total liability for any claims arising out of or related to these Terms shall not exceed the amount paid by the user for the wearable in the [12 months] preceding the claim. This limitation applies to all claims, whether arising in contract, tort, or any other legal theory.
10. Intellectual Property Rights
    1. All intellectual property rights related to VezoPay wearables, including software, trademarks, and proprietary algorithms, remain the property of VezoPay. Users are granted a limited, non-exclusive licence to use the wearable and associated services in accordance with these Terms.
    2. No entity may copy, modify, adapt, distribute, reverse-engineer, decompile, or attempt to extract the source code of the wearable's software, or any part of the services, without VezoPay’s express written consent.
    3. Certain features of VezoPay wearables may include software or content licensed from third parties. Users acknowledge that the use of such third-party software or content is subject to separate terms provided by the third-party licensors. VezoPay assumes no liability for third-party intellectual property infringement claims.
    4. Any feedback, suggestions, or ideas provided by users regarding improvements or modifications to VezoPay wearables or services shall be the sole property of VezoPay. By submitting such feedback, users waive any claims to ownership or compensation for such contributions.
    5. The VezoPay name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VezoPay or its affiliates. Users are not granted any right or licence to use such trademarks without the prior written permission of VezoPay.
11. Force Majeure
    1. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, strikes, or pandemics.
12. Mediation and Arbitration:
    1. Any dispute arising out of or relating to this agreement shall first be attempted to be resolved through mediation in good faith. If mediation fails, the dispute shall be resolved through binding arbitration, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The decision of the arbitrator shall be final and binding on both parties.
    2. Jurisdiction: The parties agree that the courts of South Africa shall have exclusive jurisdiction over any legal disputes arising under this agreement.
13. Assignment
    1. Neither Party may assign or otherwise transfer any of its rights or obligations (in whole or in part) in terms of this Agreement without the prior written consent of the other Party.
14. Waiver
    1. No waiver of any of the terms and conditions of this Agreement will be binding or effectual for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given.
    2. No failure or delay on the part of any party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
15. Indemnity and Liability
    1. Indemnity: The Financial Institution agrees to indemnify and hold VezoPay harmless from any third-party claims, damages, liabilities, or legal costs arising from the Financial Institution's use, marketing, or distribution of VezoPay's products, except where such claims arise from VezoPay’s own negligence or breach of contract.
    2. Limitation of Liability: VezoPay's total liability under this agreement shall not exceed the total fees paid by the Financial Institution for the wearables in the 12-month period immediately preceding the claim. VezoPay shall not be liable for indirect, incidental, or consequential damages under any circumstances.
16. Costs
    1. Each party shall bear and pay its own costs of or incidental to the drafting, preparation and execution of this Agreement.
17. Whole Agreement
    1. This Agreement constitutes the whole of the Agreement between the parties relating to the subject matter hereof and save as otherwise provided herein no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.
    2. The parties agree that no other terms or conditions, whether oral or written, and whether express or implied will apply hereto.

18. Termination
    1. VezoPay reserves the right to suspend or terminate the service at any time, without prior notice, for reasons including but not limited to breach of these terms, illegal activity, or fraud.
    2. Upon termination, all rights and licences granted to you will immediately cease.
19. Governing Law
    1. These terms and conditions are governed by the laws of South Africa and any disputes arising will be subject to the exclusive jurisdiction of the courts of South Africa.

20. Changes to the Terms
    1. VezoPay reserves the right to update or modify these terms and conditions at any time. Users will be notified of any significant changes. Continued use of the wearable after such modifications implies acceptance of the new terms.
21. Severability
    1. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from the rest of the agreement and will not affect the validity and enforceability of the remaining provisions. The remaining provisions will continue in full force and effect to the maximum extent permitted by law. If any invalid or unenforceable provision would be valid or enforceable if modified, then the provision will apply with the modification necessary to make it valid and enforceable to the greatest extent possible.
22. Contact Information

For any questions or concerns regarding these terms, please contact us at:

VezoPay Support