Terms and Conditions for IMPay Users Version 2.2 November 2009
1. Introduction
These terms and conditions regulate the relationship between us and you, the registered user of IMPay., and the service we provide to you.
2. Definitions
Unless the context clearly requires a different interpretation, the following terms where used in this agreement shall have the following meanings:
2.1. “We/Us” refers to Mobile Potential (Pty) Ltd;
2.2. “Identification Document” means a bar coded South African identity document issued by the appropriate governmental authority;
2.3. “IMPay” means the mobile wallet enabling you to use the IMPay Services;
2.4. “IMPay Account” means your account with us that is linked to IMPay;
2.5. “IMPay Services” means payments to Traders to purchase mobile content such as airtime, ringtones and logo’s from affiliated retailers and to make bill payments to Traders;
2.6. “IMPay Sites” means IMPay’s website and Mobile site;
2.7. “Payment” refers to the amount of money the you instruct us to send to a beneficiary;
2.8. “Payment Reference” refers to the number that we will give you to identify your instruction to make a Payment;
2.9. “IMPay PIN” means the secret personal identification number you must use to log into your IMPay account;
2.10. “Service Desk” means our help desk with telephone number as may be published by us from time to time, where you may contact us for assistance with the services;
2.11. “Support Hours” means the periods from 8h00 to 17h00 on weekdays and from 8h00 to 12h00 on Saturdays, Sundays and public holidays;
2.12. “Trader” means someone who has an IMPay Trader Account with us;
2.13. “Transaction Receipt” refers to the electronic receipt we give you to confirm your instructions.
3. Status and Changes
3.1. These terms and conditions regulate all transactions using IMPay and will become binding upon you when you register with IMPay or when you give us your first instruction, whichever occurs first. If you do not agree with these terms and conditions you must not use the IMPay Services nor login to an IMPay Account.
3.2. We may change these terms and conditions at any time after 14 (fourteen) days notice.
3.3. An instruction given by you while you were logged into your IMPay Account will serve as conclusive proof of your instructions to us and of your intention to be bound to these terms and conditions.
3.4. We may incorporate additional information contained in another document by reference into this agreement.
3.5. When a hyperlink or reference on the IMPay Site or the IMPay Contact refers to information that can be found elsewhere it is your obligation to study such information.
3.6. These terms and conditions are available on the IMPay Contact and the IMPay Sites from where you may print or save a copy for your own future reference. Please contact our helpline if you have any difficulty to obtain the terms and conditions or send an e-mail requesting a copy to info@mobilepotential.co.za.
4. IMPay Account
4.1. You may transfer funds from any regular bank account to your IMPay Account. Amounts in your IMPay Account can only be used for purchases from Traders and you agree that you cannot transfer funds from your IMPay Account to any other IMPay Accounts or to any bank account, and that you cannot exchange the balance for cash.
4.2. You may instruct us to make payments from your IMPay Account to any Trader who has an IMPay Trader Account.
4.3. You agree that a Trader from whom you make a purchase may instruct us to collect funds from your IMPay Account and we may pay such amount over to the trader’s IMPay Trader Account.
4.4. Your IMPay Account may never go into debit and we will not execute an instruction if there are not sufficient funds in your account to cover a particular payment.
5. Registration
5.1. Your registration with IMPay serves as your application for an IMPay Account and is subject to IMPay’s approval.
5.2. When you register we are by law required to determine and verify your identity. You agree that we may also validate your identity by making enquiries with third parties including credit bureaux and you agree to provide us with further information about yourself if we so request.
5.3. When registering with IMPay you will select your own IMPay personal identification number (“IMPay PIN”) and username.
5.4. If you are 16 (sixteen) years or older you may enter into this agreement without your parent’s consent. If you are 15 (fifteen) years and younger you confirm that you have informed your parents or guardians that you have registered with IMPay and you agree you will not continue to use the IMPay Services unless you have received their permission.
6. PINs and security
6.1. It is your duty to select an IMPay PIN that is not obvious or easy to guess. We use your cellular telephone number (MSISDN number), together with the IMPay PIN and username, to identify and authenticate you every time when you login.
6.2. It is your responsibility to keep your IMPay PIN and other login detail secret. We will publish guidelines on how to protect your login IMPay PIN and details, and you must make sure you follow the guidelines. The guidelines may list practices that may compromise the security of your IMPay Account and it is your duty to refrain from such practices.
6.3. If someone attempts to login 3 (three) consecutive times into your IMPay Account using the wrong PIN we will automatically suspend you IMPay account for 12 (twelve) hours. If within 7 (seven) days of this temporary suspension a further 3 (three) attempts take place, we will suspend your IMPay Account until you have reset you IMPay PIN.
6.4. You may ask us to suspend your IMPay Account if you lost your SIM card or if you believe your login information has been compromised.
6.5. You should never disclose you IMPay PIN to any other person. The sole purpose of your IMPay PIN is entering it on your cellular telephone when logging in to your IMPay Account.
6.6. If you loose your IMPay PIN or login details you may request us to reset your PIN and/or provide you with a new username. We reserve the right to charge an appropriate administration fee for this reset service.
6.7. When you replace your SIM card but retain your cellular telephone number you need to notify us thereof and we will change your profile and login detail accordingly. If however you get a new cellular telephone number you need to request us to change your profile and we may suspend the profile change until we have again verified your identity.
7. Login
7.1. Each time you log into your IMPay Account from your Mobile Phone using your username and IMPay PIN , we will assume that it is you who logged in to your IMPay Account and we will execute the instructions given during such session. All transactions that are executed when you are logged in are deemed to be authorised by you and that you have intended that such transactions should be legally binding.
7.2. When you have completed an IMPay session you must make sure that you have signed off from your IMPay Account.
7.3. Please note that information sent through unsecured links, or through company or other private networks can be subject to unlawful monitoring and access. You understand that this is beyond our control and that you can not hold us liable for losses suffered as a consequence.
8. Payments
8.1. You agree that we may collect on behalf of any Trader the amount as indicated in your payment instruction from your IMPay Account and pay it to the Trader’s IMPay Trader Account.
8.2. You confirm and warrant that the information that you provide to us, including any information with regards to any payment instruction, including the details of the beneficiary, is true and correct.
8.3. Once you have sent us an instruction you cannot cancel that instruction. Without taking anything away from the general nature of this provision, you may request us in advance to cancel future dated payments and we shall cancel such payments only if such cancellation is permitted or still within our control.
8.4. If you repeat the same transaction more than once, we will not reverse any of the transactions and we will not be liable to you for any loss you may suffer because of the duplicate transactions.
8.5. We will confirm receipt of each transaction and you can only accept that the transaction has been received by us once we have sent you confirmation of the transaction.
8.6. Although we might send a payment confirmation to your beneficiary it remains your responsibility to your intended beneficiary that you have made a payment.
8.7. You acknowledge that we may be obliged to pay out the funds in your IMPay Account to a person other than yourself or a beneficiary in the event of being required to do so by law.
8.8. You acknowledge that we may in our discretion suspend your IMPay Account or the IMPay Services at any time, in particular if we become aware of any suspicious circumstances surrounding a transfer.
8.9. When you instruct us to make a payment to a person who does not have a IMPay Trader Account, we shall subsequent to you providing us with the beneficiary’s name and cellphone number, invite the beneficiary to register with IMPay. Once the beneficiary has successfully registered with IMPay the transfer amount will be credited to his IMPay Trader Account. The transfer amount will be kept in a holding account pending the beneficiary’s registration with IMPay and neither you nor the beneficiary shall earn interest on such amount.
8.10. If you believe that an unauthorised amount has been deducted from your IMPay Account you may request us to reverse that transaction. You agree that we are not obliged to, but we may, reverse a payment if there seem, in our sole discretion, reasonable grounds for a reversal.
8.11. You may not use the IMPay account for any unlawful purpose or in such a manner that might be prejudicial to us, to any of our affiliates or to any third party.
9. Fees and Interest
9.1. You will pay the applicable fees for the IMPay Services. The applicable fees will be as communicated to by e-mail and on the IMPay Sites. All such fees are non-refundable.
9.2. You are not are entitled to receive interest on any credit balance in your IMPay Account or on any pending transfers.
10. Statements
10.1. You agree that we do not have to send you regular or periodic statements of account in respect of the IMPay Services or the IMPay Account. You may request a statement by contacting our Helpline during Support Hours or you can access your statement via your the IMPay.
11. Irregularities
11.1. It is your duty to report any irregularities regarding your use of the IMPay Services, including the loss of unauthorised disclosure of your IMPay PIN, to our Helpline.
11.2. When you have informed us of any irregularity, we will on your request:
11.2.1.Refuse to process any instructions received after your request until you have obtained a new username and password;
11.2.2.Suspend at our discretion the processing of any instructions received prior to your request;
11.2.3.Suspend your IMPay Account;
11.2.4.Attempt to reverse transactions which we believe have resulted from unauthorised instructions.
12. Notices
12.1. We will send all notices required by law and by this agreement to the physical address you indicated on your personal profile when you registered with IMPay and you agree to receive such notices at such address. You will inform us of changes to the information in your personal profile as soon as any changes occur.
13. Personal information
13.1. You understand and agree that in order to be able to deliver the IMPay Services and to ensure the continuation of the services we may need to share your personal information and the information about your transactions with the authorities and with third parties who assist us to render the services as well as with other financial institutions.
13.2. You authorise us and our affiliates to utilise your personal information for any commercial or marketing purposes and agree to receive such commercial communications.
13.3. You hereby waive any claim against us in respect of such disclosures and use, and indemnify us against any loss or liability as a result of the execution of the authorisation that is granted to us herein.
14. Availability
14.1. You acknowledge that the IMPay Services may at times not be available for various reasons and that we have the discretion to suspend the IMPay Services. We also reserve the right in our absolute discretion and without notice to alter, modify, upgrade, update or withdraw the IMPay Service or any part thereof at any time.
14.2. You may ask for a refund of any amount in your IMPay Account during any such change, suspension or withdrawal by contacting our helpline during Support Hours.
14.3. You agree that we will not be liable for any losses, expenses or damage incurred by you or any third party for such unavailability of the IMPay Services and you indemnify us against any claim for such losses, damages or expenses incurred by any third party as a result of such unavailability.
15. Liability
15.1. Neither us, nor our affiliates, subcontractors or agents (including Mobile Potential (Pty) Ltd and its affiliates), nor the representatives, employees or directors of any of them shall be responsible or liable for any direct, general, intrinsic, indirect, special, extrinsic, punitive or consequential injury, loss, expense or damage of any kind whatsoever (including arising from contract, statute, delict (including from negligence or gross negligence) or otherwise) suffered or incurred by you as a result of using the IMPay Service for any reason whatsoever.
15.2. You agree not to hold us responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the accessing the IMPay Sites, using the IMPay Services or relying on any information for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
15.2.1.purchases where paid using your IMPay Account and the counterparty failed to deliver, or made a faulty or incomplete delivery or the goods or services bought caused you to suffer any loss;
15.2.2.any losses you may suffer because of the actions or failings of the instant messaging platform where the IMPay Contact is hosted.
15.2.3.you disclosing your IMPay PIN to any other person or failing to protect your IMPay PIN;
15.2.4.errors or discrepancies in the information provided;
15.2.5.any unauthorised access or amendment of this website or IMPay platform by third parties;
15.2.6.any breakdown or failure of any equipment or medium of access to this website or IMPay platform;
15.2.7.any failure or unavailability of this website or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website or IMPay platform;
15.2.8.the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access the site or IMPay platform; or
15.2.9.any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website or IMPay platform.
16. Indemnity
16.1. You indemnify us for all losses and costs we may incur on your behalf due to non-payment, overpayment, and transactions exceeding the amount available in your account or unauthorised instructions.
16.2. You hereby indemnify us against any demand, claim or action for direct, intrinsic, general, indirect, extrinsic, special, punitive or consequential damages or order made against us by a third party relating to or in connection with his/her use or accessing of the IMPay Service whether such demand, claim or action was caused directly or indirectly by us for any reason whatsoever.
17. General
17.1. We may subcontract, cede, delegate, assign or otherwise transfer any of our rights and/or obligations in terms of this agreement to any third party and you agree that we do not have to inform you of any such cession, assignment or transfer. You may not cede or assign any of your rights or obligations related to this agreement.
17.2. A certificate signed by any of our directors will be conclusiveproof of the date of publication and content of the current version of these terms and conditions and all previous versions of the terms and conditions and the pricelist containing the fees pertaining to the IMPay Services.
17.3. The IMPay Services are intended for South Africans and the laws of the Republic of South Africa apply to these terms and conditions and to the IMPay Services.
17.4. These terms and conditions and the content of the IMPay Contact contain the full terms and conditions of the agreement between us and you. No relaxation or indulgence granted by us to any Sender or Recipient shall in any respect prejudice our rights in terms of this agreement.
Terms and Conditions for IMPay Trader Accounts Version 2.0 November 2009
1. Introduction
These terms and conditions regulate the relationship between us, Mobile Potential (Pty) Ltd, and you, a registered IMPay trader, and the service we provide to you.
2. Definitions
Unless the context clearly requires a different interpretation, the following terms where used in this agreement shall have the following meanings:
2.1. “Identification Document” means a bar coded South African identity document issued by the appropriate governmental authority;
2.2. “IMPay” means the mobile wallet enabling you to use the IMPay Services;
2.3. “IMPay Trader Account” means your account with us that is linked to IMPay;
2.4. “IMPay Services” means payments from IMPay Accounts to IMPay Trader Accounts to purchase mobile content such as airtime, ringtones and logo’s from affiliated retailers and to make bill payments to registered IMPay traders, and all anciliary services;
2.5. “IMPay Sites” means IMPay’s website and WAP site;
2.6. “Nominated Account” means your bank account with a South African bank, which you nominate when registering for the IM Pay Trader Account;
2.7. “Payment Reference” refers to the number we allocate to your client’s Payment;
2.8. “PIN” means the secret personal identification number you must use to log into your IMPay Trader Account;
2.9. “Service Desk” means our help desk with telephone number as may be published by us from time to time, where you may contact us for assistance with the services;
2.10.“Support Hours” means the periods from 8h00 to 17h00 on weekdays and from 8h00 to 12h00 on Saturdays, Sundays and public holidays;
2.11.“Trader” means someone who has an IMPay Trader Account with us and includes you;
2.12.“Transaction Receipt” refers to the electronic receipt we give you to confirm your instructions to transfer funds from your IMPay Trader Account;
2.13.“Transaction Reference” means the number allocated to identify the transaction between you and your client;
2.14.“User Payment” refers to the amount of money you instruct us to collect from your client’s IM Pay Account.
3. Status and Changes
3.1. These terms and conditions regulate your use of the IMPay Trader Account, including all transactions using IMPay and will become binding when you register with IMPay or when you give us your first instruction, whichever occurs first. If you do not agree with these terms and conditions you must not use the IMPay Services nor login to your IMPay Trader Account.
3.2. We may change these terms and conditions at any time after 14 (fourteen) days notice.
3.3. We may incorporate additional information contained in another document by reference into this agreement.
3.4. When a hyperlink or reference on the IMPay Site or the IMPay Contact refers to information that can be found elsewhere it is your obligation to study such information.
3.5. These terms and conditions are available on the IMPay Contact and the IMPay Sites from where you may print or save a copy for your own future reference. Please contact our helpline if you have any difficulty to obtain the terms and conditions or send an e-mail requesting a copy to info@mobilepotential.co.za.
4. Appointment as agent
4.1. You appoint us as your agent on the following terms:
4.1.1. to collect on your behalf Payments from your clients’ IMPay Accounts as per your collection instructions;
4.1.2. to execute on your behalf payment instructions received from your clients;
4.1.3. to retain payments collected on your behalf in your IMPay Trader Account pending your further instructions;
4.1.4. to transfer upon your instruction any amount in your IMPay Trader Account either to your Nominated Account or, if you have one, to your regular IMPay Account;
4.1.5. to charge your clients a fee for our services;
4.1.6. to do all such things as may be necessary to give effect to this agreement;
4.2. We have no authority to act on your behalf or bind you outside the scope of the provisions contained in these terms and conditions.
5. IMPay Trader Account
5.1. You may receive payment in your IMPay Trader Account from any of your clients who have a regular IMPay Account.
5.2. When you open the IM Pay Trader Account you may provide us with the details of your Nominated Account.
5.3. You may open a regular IMPay Account on the terms and conditions applicable to regular IMPay Accounts.
5.4. You may instruct us to transfer any credit balance in your IM Pay Trader Account to your regular IMPay Account, should you have one, or to your Nominated Account.
5.5. You cannot transfer funds from your regular IMPay Account, or from any other bank account, to your IMPay Trader Account.
5.6. An instruction given by you while you were logged into your IMPay Trader Account will serve as conclusive proof of your instructions to us and of your intention to be bound to these terms and conditions.
6. Registration
6.1. Your registration with IMPay serves as your application for an IMPay Trader Account and is subject to IMPay’s approval.
6.2. When you register we are by law required to determine and verify your identity. You agree that we may also validate you identity by making enquiries with third parties including credit bureaux and you agree to provide us with further information about yourself if we so request.
6.3. When registering with IMPay you will select your own personal identification number (“PIN”) and username.
6.4. If you are 16 (sixteen) years or older you may enter into this agreement without your parent’s consent. If you are 15 (fifteen) years and younger you confirm that you have informed your parents or guardians that you have registered with IMPay and you agree you will not continue to use the IMPay Services unless you have received their permission.
7. PINs and security
7.1. You can login to your IM Pay Trader Account by entering your username and PIN.
7.2. It is your duty to select a PIN that is not obvious or easy to guess. We use your cellular telephone number (MSISDN number), together with the PIN and username, to identify and authenticate you every time when you login.
7.3. It is your responsibility to keep you PIN and other login detail secret. We will publish guidelines on how to protect your login PIN and details, and you must make sure you follow the guidelines. The guidelines may list practices that may compromise the security of your IMPay Trader Account and it is your duty to refrain from such practices.
7.4. If someone attempts to login 3 (three) consecutive times into your IMPay Trader Account using the wrong PIN we will automatically suspend your IMPay account for 12 (twelve) hours. If within 7 (seven) days of this temporary suspension a further 3 (three) attempts take place, we will suspend your IMPay Trader Account until you have reset you PIN.
7.5. You may ask us to suspend your IMPay Trader Account if you lost your SIM card or if you believe your login information has been compromised.
7.6. You should never disclose you PIN to any other person. The sole purpose of your PIN is entering it on your cellular telephone when logging in to your IMPay Trader Account.
7.7. If you loose your PIN or login details you may request us to reset your PIN and/or provide you with a new username. We reserve the right to charge an appropriate administration fee for this reset service.
7.8. When you replace your SIM card but retain your cellular telephone number you need to notify us thereof and we will change your profile and login detail accordingly. If however you get a new cellular telephone number you need to request us to change your profile and we may suspend the profile change until we have again verified your identity.
8. Login
8.1. Each time you log into your IMPay Trader Account from your SIM card using your username and PIN, we will assume that it is you who logged in to your IMPay Trader Account and we will execute the instructions given during such session. All transactions that are executed when you are logged in are deemed to be authorised by you and that you have intended that such transactions should be legally binding.
8.2. When you have completed an IMPay session you must make sure that you have signed off from your IMPay Trader Account.
8.3. Please note that information sent through unsecured links, or through company or other private networks can be subject to unlawful monitoring and access. You understand that this is beyond our control and that you can not hold us liable for losses suffered as a consequence.
9. Payments
9.1. When we receive an instruction from one of your clients to collect an amount from their IMPay Account and transfer such amount to your IMPay Trader account, we may execute that request if the amount falls between the thresholds for amounts we process and the instruction includes a Transaction Reference number allowing us to link the payment to a specific transaction.
9.2. You warrant that the information that you provide to us, including any information in regard with any payment instruction and any instruction collect a payment from a client of yours is true and correct. You also warrant that you are entitled to the payment to be collected from your client.
9.3. Once the payment has been processed we will provide you and your client with a Payment Reference linking the payment to the Transaction Reference.
9.4. Once you or your client has sent us an instruction that transaction cannot be cancelled. Without taking anything away from the general nature of this provision, you may request us in advance to cancel future dated payments and we shall cancel such payments only if such cancellation is permitted or still within our control.
9.5. If you repeat the same instruction more than once, we will not reverse any of the instructions and we will not be liable to you for any loss you may suffer because of the duplicate instructions.
9.6. We will confirm receipt of each instruction and you can only accept that the instruction has been received by us once we have sent you confirmation.
9.7. You acknowledge that we may be obliged to pay out the funds in your IMPay Trader Account to a person other than yourself or a beneficiary in the event of being required to do so by law.
9.8. We are not obliged to, but we may reverse a payment collected from your client if there seem, in our sole discretion, reasonable grounds for a reversal. If a payment is reversed for whatever reason, you agree that we may deduct the amount from your IMPay Trader Account and that your only recourse will be against your client.
9.9. You acknowledge that we may in our discretion suspend your IMPay Trader Account or the IMPay Services at any time, in particular if we become aware of any suspicious circumstances surrounding a transfer or use of the account.
9.10.You may not use the IMPay Trader Account for any unlawful purpose, in a manner that might prejudice us, any of our affiliates or any third party, or in contravention of these terms and conditions.
10. Fees and Interest
10.1.You will pay the applicable fees for the IMPay Services. The applicable fees will be as communicated to you by e-mail and on the IMPay Sites. All fees are non-refundable. You authorise us to deduct any fees that are due to us from your IMPay Trader Account.
10.2.You are not entitled to receive interest on any credit balance in your IMPay Trader Account or on any pending transfers.
11. Statements
11.1.We keep record of all amounts received on your behalf and of all transfers instructed by you and you can access these statements online on the IMPay Sites. You may also request a statement by contacting our Helpline during Support Hours.
11.2.You agree that we do not have to send you periodic statements of an account in respect of the IMPay Services or the IMPay Trader Account.
12. Irregularities
12.1.It is your duty to report any irregularities regarding your statements or your use of the IMPay Services, including the loss of unauthorised disclosure of a PIN, to our Helpline.
12.2.When you have informed us of any irregularity, we will on your request:
12.2.1. Refuse to process any instructions received after your request until you have obtained a new username and password;
12.2.2. Suspend at our discretion the processing of any instructions received prior to your request;
12.2.3. Suspend your IMPay Trader Account;
12.2.4. Attempt to reverse transactions which we believe have resulted from unauthorised instructions.
13. Notices
13.1.We will send all notices required by law and by this agreement to the physical address you indicated on your personal profile when you registered with IMPay and you agree to receive such notices at such address. You will inform us of changes to the information in your personal profile as soon as any changes occur.
14. Personal information
14.1.You understand and agree that in order to be able to deliver the IMPay Services and to ensure the continuation of the services we may need to share your personal information and the information about your transactions with the authorities and with third parties who assist us to render the services as well as with other financial institutions.
14.2.You authorise us and our affiliates to utilise your personal information for any commercial or marketing purposes and agree to receive such commercial communications.
14.3.You hereby waive any claim against us in respect of such disclosures and use, and indemnify us against any loss or liability as a result of the execution of the authorisation that is granted to us herein.
15. Availability
15.1.You acknowledge that the IMPay Services may at times not be available for various reasons and we have the discretion to suspend the IMPay Services. We also reserve the right in our absolute discretion and without notice to alter, modify, upgrade, update or withdraw the IMPay Service or any part thereof at any time.
15.2.You agree that we will not be liable for any losses, expenses or damage incurred by you or any third party for such unavailability of the IMPay Services and each you indemnify us against any claim for such losses, damages or expenses incurred by any third party as a result of such unavailability.
16. Liability
16.1.Neither us, nor our affiliates, subcontractors or agents, nor the representatives, employees or directors of any of them shall be responsible or liable for any direct, general, intrinsic, indirect, special, extrinsic, punitive or consequential injury, loss, expense or damage of any kind whatsoever (including arising from contract, statute, delict (including from negligence or gross negligence) or otherwise) suffered or incurred by you as a result of using the IMPay Service for any reason whatsoever.
16.2.You agree not to hold us responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the accessing this IMPay Sites, using the IMPay Services or relying on any information for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
16.2.1. any losses you may suffer because of the actions or failings of the instant messaging platform where the IMPay Contact is hosted.
16.2.2. you disclosing your PIN to any other person or failing to protect your PIN;
16.2.3. errors or discrepancies in the information provided;
16.2.4. any unauthorised access or amendment of this website by third parties;
16.2.5. any breakdown or failure of any equipment or medium of access to this website;
16.2.6. any failure or unavailability of this website or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website;
16.2.7. the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access the site; or
16.2.8. any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
17. Indemnity
17.1.You indemnify us for all losses and costs we may incur on your behalf due to non-payment, overpayment, and transactions exceeding the amount available in your account or unauthorised instructions.
17.2.You hereby indemnify us against any demand, claim or action for direct, intrinsic, general, indirect, extrinsic, special, punitive or consequential damages or order made against us by a third party relating to or in connection with his/her use or accessing of the IMPay Service whether such demand, claim or action was caused directly or indirectly by us for any reason whatsoever.
18. General
18.1.We may subcontract, cede, delegate, assign or otherwise transfer any of our rights and/or obligations in terms of this agreement to any third party and you agree that we do not have to inform you of any such subcontract, cession, assignment or transfer. You may not cede or assign any of your rights or obligations related to this agreement.
18.2.A certificate signed by any of our directors will be conclusiveproof of the date of publication and content of the current version of these terms and conditions and all previous versions of the terms and conditions and the pricelist containing the fees pertaining to the IMPay Services.
18.3.The IMPay Services are intended for South Africans and the laws of the Republic of South Africa apply to these terms and conditions and to the IMPay Services.
18.4.These terms and conditions and the content of the IMPay Contact contain the full terms and conditions of the agreement between us and you. No relaxation or indulgence granted by us to any Sender or Recipient shall in any respect prejudice our rights in terms of this agreement.