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 Samsung, 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 Samsung 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 Samsung 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 Samsung 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 Samsung 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 Samsung 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