OZOW ME: Merchant T’s and C’s
These Ts and Cs cover your use, as a merchant, of OZOW ME (or any derivative of the name by Ozow).
Ozow reserves the right to update these terms and conditions without prior notice, and such updates may occur from time to time. It is your responsibility to check these Terms and Conditions on a regular basis in order to keep abreast of any updates.
Ozow has the right to terminate your use of OZOW ME at any time, at its sole discretion.
You agree to comply with these terms in addition to your separate agreement with Ozow which, amongst other things, governs your use of the Ozow service (the “Underlying Agreement”). In the event of a conflict between these Ts and Cs and the Underlying Agreement, Ozow has the sole right of election of the preferred and relevant clause.
As a user of OZOW ME, you warrant that:
- Only employees with adequate internal authorization will have access to utilize OZOW ME, agree to these Ts and Cs and process and request transactions;
- all information provided by you to Ozow in connection with your use of OZOW ME, including but not limited to any transaction requested through OZOW ME, and the performance of your obligations hereunder is and shall remain true and correct in all respects;
- any transaction amount has been verified by you based on supporting documentation;
- you have and will retain for a period of 5 years, or other longer period imposed by any applicable law, adequate documentation to prove that the transaction was justified in the circumstances;
- you will not engage in any conduct that brings or is likely to bring the reputation of Ozow into disrepute;
- all aspects of any transactions requested and/or processed using OZOW ME comply with applicable law;
- you will, for purposes of receiving funds using OZOW ME, and the Ozow service in general, only receive funds in your South African resident bank account and that you do not utilise any non-resident bank account for purposes of OZOW ME or the Ozow Service;
- you will, as soon as reasonably practicable and at no cost to Ozow give to Ozow (in writing if so requested), all such information and reports as Ozow may reasonably require in connection with your use of OZOW ME; and
- you will not take any action (or, as the case may be, omit to take any action) which may directly or indirectly cause Ozow to infringe or misappropriate the intellectual property of any third party.
You acknowledge that Ozow shall not be responsible for instances that are outside of its control, which include:
- Any actions or inactions by you that result in a loss of service;
- any inaccuracies in amounts paid as a result of the information provided by you;
- any events or outages affecting the Ozow system and Ozow service that are outside of the authority, control and / or responsibility of Ozow;
- any delays in the settlement of transaction funds; and/or
- non-settlement of transaction funds.
You agree that Ozow’s liability towards you is limited to direct damages that arise as a result of the negligence or acts or omissions of its employees, agents or representatives in the performance of their duties. Ozow shall not be liable for any loss of profit or revenue, indirect, special, or consequential loss or damages of whatever kind, whether arising in contract, delict or otherwise, suffered by you. In no event will Ozow’s aggregate liability in respect of any claims relating to these Ts and Cs or your use of OZOW ME, exceed the transaction fees paid or would have been payable by you to Ozow (in terms of the Underlying Agreement) for the 12 (twelve) month period immediately preceding the date on which the claim arose. Ozow does not exclude or limit its liability for any damages arising from its wilful or fraudulent conduct, or for any matter for which it would be illegal for to do so.
You agree to indemnify Ozow, its directors, officers, employees and agents against all losses which may directly or indirectly arise out of or in connection with:
- A breach by the you of any of your obligations under these Terms and Conditions;
- the negligent, wilful or fraudulent act or omission by you in carrying out or failing to carry out your obligations under these OZOW ME Ts and Cs;
- for any claims arising against Ozow from a customer or any third party in relation to your use of OZOW ME; and/or
- inaccurate information provided by you or your customer.
- The Protection of Personal Information Act (“POPIA”)
You agree to comply with POPIA in the event that you are a responsible party as defined therein. In your use of OZOW ME and the Ozow service in general, in the event that you are an operator in terms of POPIA, you agree to:
- Process PI in such a manner that is reasonable, adequate, relevant, non-excessive, purpose-specific and non-infringing of the relevant individual’s privacy;
- secure the integrity and confidentiality of PI in your possession or under your control by taking appropriate, reasonable technical and organisational measures to prevent (a) loss of, damage to or unauthorised destruction of PI and (b) unlawful access to or processing of PI;
- take reasonable measures to (a) identify all reasonably foreseeable internal and external risks to such PI; (b) establish and maintain appropriate safeguards against such risks; (c) regularly verify that the safeguards are effectively implemented, and (d) ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards;
- have due regard to generally accepted information security practices and procedures which may apply to you generally or be required in terms of the specific industry or professional rules and regulations;
- immediately notify Ozow if there are reasonable grounds to believe that any PI has been accessed or acquired by an unauthorised person; and
- take appropriate security safeguards against the unauthorised or unlawful processing of PI obtained from the other party and against the accidental loss or destruction of, or damage to, such PI to ensure a level of security appropriate to the harm that might result therefrom.
- Dispute Resolution
You agree that any dispute arising from these Ts and Cs shall be submitted to mediation, failing which, the dispute shall be submitted to binding arbitration governed by the Arbitration Act, 1965, or any replacement Act and shall take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration proceeding shall be conducted by a mutually agreed upon arbitrator of AFSA and shall be held in Johannesburg, South Africa and the judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. Nothing contained in this paragraph 6 shall prohibit a party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration, and for this purpose the parties consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg.
- Consumer Use