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Terms of Use
- Introduction
- 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.
- 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.
- Definitions
- VezoPay Wearables: Refers to any wearable device (Payment Ring, Health Ring, fitness band, etc.) provided by VezoPay that enables payments and other functionalities.
- User: The individual who uses the wearable device.
- Service: Refers to the payment and VezoPay associated services provided through VezoPay wearables and/or Devices.
- 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.
- Usage of VezoPay Wearables
- Users must register and create an account with VezoPay to use the payment functionalities of the wearable.
- Users must ensure the wearable is used in accordance with the instructions provided by VezoPay.
- Wearables should not be used for any unlawful purposes or in any way that breaches local or international regulations.
- VezoPay will not be held responsible for any damages, losses, or legal claims related to the use of the product or service
- Prior to purchasing VezoPay wearables, you confirm that you are legally capable of entering into binding contracts.
- 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.
- Payments and Transactions
- VezoPay wearables allow users to make payments through contactless technology at participating merchants.
- 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.
- Users are responsible for ensuring they have sufficient funds or credit available in their linked account(s) for the transaction.
- User Responsibilities
- The user is responsible for keeping their wearable safe and secure.
- In the event of loss, theft, or unauthorised use of the wearable, the user must notify VezoPay as well as the issuer immediately.
- Users are responsible for any and all transactions and indemnify VezoPay from any liability.
- 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.
- Third Party Services
- 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.
- Privacy and Data Collection
- By using VezoPay wearables, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy.
- The wearable may collect certain data related to your usage patterns, location, and transaction history to enhance the service.
- VezoPay will take appropriate measures to protect your data from unauthorised access.
- Warranties and Disclaimers
- 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.
- The warranty does not cover damages resulting from misuse, unauthorised modifications, or accidents.
- VezoPay does not guarantee the uninterrupted availability of its services, nor is it responsible for any loss resulting from system outages, delays, or errors.
- 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.
- Liability
- VezoPay will not be liable for any direct, indirect, or consequential damages arising from the use or inability to use the wearable or services.
- The user is responsible for ensuring the device is compatible with their banking institution and merchant systems.
- 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.
- 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.
- 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.
- Intellectual Property Rights
- 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.
- 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.
- 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.
- 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.
- 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.
- Force Majeure
- 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.
- Mediation and Arbitration:
- 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.
- Jurisdiction: The parties agree that the courts of South Africa shall have exclusive jurisdiction over any legal disputes arising under this agreement.
- Assignment
- 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.
- Waiver
- 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.
- 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.
- Indemnity and Liability
- 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.
- 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.
- Costs
- Each party shall bear and pay its own costs of or incidental to the drafting, preparation and execution of this Agreement.
- Whole Agreement
- 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.
- The parties agree that no other terms or conditions, whether oral or written, and whether express or implied will apply hereto.
- Termination
- 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.
- Upon termination, all rights and licences granted to you will immediately cease.
- Governing Law
- 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.
- Changes to the Terms
- 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.
- Severability
- 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.
- Contact Information
For any questions or concerns regarding these terms, please contact us at:
VezoPay Support
Email: [[email protected]]