TERMS AND CONDITIONS (“AGREEMENT”)
1. INTRODUCTION
1.1. Welcome to Abela iMali (Pty) Limited (“abela”). Abela was created to help you send and receive money with just a smart phone. No bank account is needed, its available toall nationals and there are no fixed monthly or fixed fees.
1.2. Abela is a private company incorporated under the laws of South Africa with registration number 2020/491145/07 having its registered office address at 11th Floor, The Bank, 24 Cradock Avenue, Rosebank, Sandton, Johannesburg, 2196.
1.3. Abela is a Third-Party Payments Processor registered with the Payments Association of South Africa.
1.4. Ukheshe Payment Solutions (Pty) Ltd (herein after referred to as “UPS”) and Ukheshe Technologies (Pty) Ltd (herein after referred to as “UT”) (herein after UPS and UT will be collectively referred to as “Ukheshe”).
1.5. UPS is a registered Financial Services Provider (FSP 45133), Third Party Payments Processor registered with the Payments Association of South Africa, Merchant Aggregator registered with MasterCard and Nedbank (TPPP);
1.6. UT is a System Operator;
1.7. Abela is the Marketing Agent, who markets and on sells the Ukheshe Services and Products;
1.8. As a result of the foregoing, You will enter into this Agreement with Abela and Ukheshe and these terms and conditions govern the agreement and relationship between yourself, Abela and Ukheshe.
1.9. If you do not wish to be bound by these terms and conditions, then you may not have further access or use of the Abela app as further use will automatically bind you to these terms.
1.10. If you are under the age of 18 years old, you may not register to use the app unless you have a legal guardian to do so on your behalf.
2. DEFINITIONS
2.1. Unless a contrary intention clearly appears, the following terms shall have the following meanings assigned to them and cognate expressions shall have corresponding meanings, namely –
- “abela Mali” means the digital vouchers which are purchased by or transferred by You in terms of this Agreement;
- “Account” means Your account and account balance that is linked to Your profile to which these terms and conditions apply;
- “Acquiring Bank” means a bank or financial institution that processes credit or debit card payments on behalf of a merchant. The acquirer allows merchants to accept credit card payments from the card-issuing banks within an association;
- “Agreement” means this document of “standard terms and conditions” read together with any other Agreements entered into between the relevant parties (if any), as well as any Annexures thereto. By registering for or utilising any of the Services or Products offered by Abela and Ukheshe you unconditionally signify your assent to the terms of this Agreement and as such the Agreement becomes legally binding between You, Abela and Ukheshe and further, You warrant that the information you have provided upon registration is true and correct in all respects;
- “AML” means anti-money laundering;
- “AMT” means authenticated mobile PIN and means a Card Not Present bank-PIN-authenticated mobile transaction;
- “App” means the mobile application which You utilize to access the Products and Services which will be rendered and/or utilised on Your instruction;
- “App Store” means Your device’s application store from which You download the App;
- “ATM” means Automatic Teller Machine;
- “Card(s)” means compatible virtual or physical credit, debit, charge and/or cheque card(s) with a PIN, including prepaid card(s);
- “Card Schemes” means any major Card Scheme, including but not limited to, Visa, MasterCard, Union Pay International and American Express;
- “Card Not Present” means a Card payment transaction processed without the presence of a physical Card, either by way of a manual entry of Card details or online capture of Card details for E-commerce transactions, in other words where the physical Card has not been swiped, dipped or tapped by means of a reader;
- “Card transaction” means any cash withdrawal, payment, inter-account transfer or deposit transaction made with the card from or to the customer’s account by using an ATM or other electronic device, and/or the purchase of goods/services from merchants who will accept the card;
- “Chargeback” means a procedure where an Issuing Bank charges a Transaction back to the Acquiring Bank and subsequently debits You in line with the card Scheme and/or local PASA rules;
- “Chargeback Fee” means an administration fee that We charge You for processing a Chargeback;
- “Confidential Information” means all information and data of whatsoever nature (including the Intellectual Property), whether tangible, intangible, oral or in writing and in any format or medium that is obtained or learned by, disclosed to, or comes to the knowledge of You from Us during the course of or arising out of or in relation to this Agreement or Your use of the website and/or the Services, by whatsoever means, which by its nature or content is or ought reasonably to be identifiable as confidential or proprietary to Us, or which is provided or disclosed in confidence;
- “Customer or Card Holder” means the consumer making a purchase from You (for the avoidance of doubt, You are referred to in this specific clause as the merchant / retailer) by using the Service or who has registered with Abela on the app and has been issued a card by Ukheshe;
- “3D Secure” means an authentication method approved by a Card Scheme that enables the secure processing of payment card transactions in E-commerce;
- “CPA” means the Consumer Protection Act 68 of 2008, as amended, varied, re- enacted, novated or substituted from time to time;
- “Documentation” means integrated electronic help published by Us, describing the Software’s functionality and intended operation;
- “Dormant account” means an account that has had no customer-initiated debit or credit transactions for such a period as We, at its discretion, may determine from time to time;
- “E-commerce” means electronic commerce which includes a transaction performed by means of electronic media in a non-face-to-face environment;
- “EFT” means Electronic Funds Transfer from or to a registered bank account;
- “Effective date” means the date and time that You download the App, register a profile and agree to the Terms and Conditions or upon use of any of the Services or Products of Abela and Ukheshe;
- “FICA” means the Financial Intelligence Centre Act 38 of 2001, as amended, varied, re-enacted, novated or substituted from time to time;
- “Intellectual Property” means, collectively, all and any intellectual property including, without limitation, patents, copyright, trademarks, designs, models, Know-How, inventions, trade and business secrets, sales and customer data, databases and rights in databases and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain, use or for the protection of same) which are used or held (currently or not) in connection with either Our business as applicable and/or by way of a licensing agreement and or right, title and interest;
- “Know-How” means all ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used in connection with Our business; all available information regarding marketing and promotion of Our products and services (including the Services); and all and any modifications or improvements to any of them;
- “Merchant Device” means a point-of-sale (POS) device, mobile phone or tablet;
- “Mobile Phone” means a smart phone with a central processing unit capable of executing instructions from a software program, and which is owned or leased by You;
- “Our Affiliates” means Ourselves, our officers, directors, employees, agents, representatives, affiliates and third parties;
- “Participating Merchant” means a merchant that is integrated into Ukheshe and offers either Cash Withdrawal Token services and/or Cash deposit services and/or Purchase services;
- “Payment Mechanisms” means any means supported by the mobile application platform or the website to purchase abela Mali. These are but not limited to: EFT deposit, Debit/Credit card, MasterPass, Deposit at ATM, Debit order.
- “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 and any applicable law in South Africa and/or in any other jurisdiction where the Services and/or Products are provided and/or used;
- “PIN” means personal identification number;
- “Platforms” means the abela native application which can be downloaded off Google playstore, Apple iStore and Huawei app gallery;
- “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended, varied, re-enacted, novated or substituted from time to time;
- “Processing” has the same meaning as “processing” as defined in POPIA, which for instance will include (subject to the provisions of POPIA, which may be amended from time to time): collecting, storing, collating, using, modifying, sending, distributing, deleting and destroying Personal Information;
- “Product specifications” means specific features of products offered by Abela and Ukheshe including but not limited to minimum deposits, minimum balances and service fees;
- “QR Code” means a Quick Response Code generated to enable you to process Transactions. It is a machine-readable code consisting of either an array of black and white squares or a linked numeric code, typically used for storing URLs or other information. The QR Code can be a Static QR Code or a Dynamic QR Code. A “Static QR Code” means a QR code that has a predetermined value or will allow the Customer to input a value; and a “Dynamic QR Code” means a QR code that is linked to specific purchases;
- “RICA” means The Regulation of Interception of Communications and Provision of Communication Related Information Act as amended from time to time;
- “Selected Merchants” means those merchants as selected by Us from time to time and with whom We have contracted to provide VAPs;
- “Services” or “Products” means the provision of any payment related services or products rendered through any channel, App, or any other medium through which the Service is rendered and as described more fully in the clause with heading “Services” of this Agreement;
- “Software” means the object code of, and Documentation for the Services offered to You;
- “Tap on Phone” means the functionality on the MPOS application that allows the customer to tap their card directly on your phone using near-field communication (NFC). Tap on Phone only accepts contactless payments from Mastercard and Visa Cards;
- “Ukheshe” means Ukheshe Payment Solutions (Pty) Ltd (herein after referred to as “UPS”) and Ukheshe Technologies (Pty) Ltd (herein after referred to as “UT”) (herein after UPS and UT will be collectively referred to as “Ukheshe”).
- “VAPs” means the value-added products of one or more Selected Merchants;
- “VAS” means the value-added services of one or more Selected Merchants;
- “Wallet” means a User’s ring-fenced User account maintained and reconciled to Our virtual master wallet. The Wallet is unique to each User and reflects the balance of a User’s abela Mali (if any) and contains Personal Information of the User. The Wallet can be accessed via the website or via the mobile application platform;
- “We” or “Us” or “Our” or “Ourselves” shall mean Abela and Ukheshe respectively.
- “Website” refers to www.abela.app website through which the Services will be rendered on Your instruction;
- “Withdrawal Mali” is cash withdrawal reference number valid at any of our partner retailers teller;
- “You” means the person who registers and creates a profile on the abela app downloaded on the Google playstore, iPhone app store or Huawei app gallery. ”Your” and “User” shall have corresponding meanings;
- “ZAR” means South African Rand.
3. COMMENCEMENT AND REGISTRATION
3.1. This Agreement is effective from the effective date and will remain in force unless terminated in accordance with the other terms of this Agreement, or by written notice.
3.2. It is specifically agreed that We may suspend the Service or terminate the Agreement immediately for regulatory or statutory reasons as well as for any reason considered material by Us.
3.3. In order to access and/or use the abela App, You need to download the App and thereafter register an account/profile by going through the registration process on the abela App.
3.4. This will involve providing Us and Ukheshe with certain personal information, which may include (but is not limited to): Your name, photograph, mobile number, email address, proof of Identity, last 4 digits of debit/credit card used for top-up, card expiry date etc.;
3.5. You must be at least 18 (Eighteen) years of age, of sound mind and have a valid South African ID/Passport; or Foreign Passport; or Asylum Papers; or Work Permits to use the Service;
3.6. You hereby agree that said information may be shared with Our third-party service providers which include but is not limited to Home Affairs, SecureCitizen, Experian and TransUnion to verify the provided information and confirm the validity of same;
3.7. You furthermore acknowledge and agree that you grant Abela and Ukheshe worldwide permission to use, store, copy, share, reproduce, and distribute your personal data only as reasonably required to provide the relevant service.
3.8. At the time of registration, You agree that we may collect and store Your personal information for the following purposes:
3.8.1. Verification of Your identity;
3.8.2. Providing our services to You;
3.8.3. Fraud prevention and detection;
3.8.4. Storing of records for compliance purposes;
3.8.5. Complying with statutory and legal obligations;
3.9. We reserve the right to, at any time and in Our sole and absolute discretion- restrict or suspend Your account when identification documents are in the process of being verified, outstanding and/or not forthcoming; and/or to terminate Your account where You have provided false and/or misleading information and after becoming aware of such false and/or misleading information, You fail and/or refuse to provide true and correct information in order to enable the Provider to comply with the identity verification processes.
4. OUR SERVICES
4.1. The App enables a User to select one or more of the following Services (including but not limited to):
4.1.1. Tap-(to)-pay, tap-on-phone, tap-on-glass;
4.1.2. Virtual card issuing;
4.1.3. Physical card issuing;
4.1.4. Digital KYC;
4.1.5. Digital Wallets;
4.1.6. Cash out and cash in transactions;
4.1.7. Generation of QR codes;
4.1.8. Access reports on transaction history.
5. RECEIPT OF PAYMENT
5.1. You may receive payments subject to an authorisation process for Card acceptance. An authorisation granted under any provision of this clause does not constitute evidence or a warranty:
5.1.1. that payment will eventually be made by Ukheshe;
5.1.2. that the Card is valid;
5.1.3. that the Card is genuine (i.e. that the Card is not counterfeit); and/or
5.1.4. that the person presenting the Card is the Customer.
5.2. An authorisation is merely an indication that the relevant account has sufficient funds to meet payment on the authorisation date and that the card has not been reported lost or stolen at the time the card was presented for payment.
5.3. You acknowledge and agree that We will not accept payment for any prohibited industries, prohibited any Card Scheme Codes or other banned products.
5.4. Ukheshe will only provide acquiring services in respect of card transactions which are (including but not limited to):
5.4.1. genuine, signed, correct and valid;
5.4.2. issued by a bank or a card issuer in its original form;
5.4.3. not rejected by the Point of Sale device;
5.4.4. presented by the cardholder.
5.5. Abela and Ukheshe considers the following as prohibited industries:
5.5.1. Illegal businesses and activities according to the laws and regulations governing the S/E (service establishment or merchant);
5.5.2. Illegal gambling (including casino chips, gambling services, Internet casino sites, and Bingo);
5.5.3. Illegal lottery Sales;
5.5.4. Collection Agencies (receivable on Card);
5.5.5. Credit Restoration Services;
5.5.6. Prostitution (including S/Es involved in prostitution such as unlicensed massage parlours and escort services);
5.5.7. Illegal internet adult digital content.
6. CARD ACCEPTANCE & PROCESSING
6.1. You, as a Merchant, can accept and process all major payment types such as PIN- based credit or debit cards, NFC, EMV, mag-stripe and mobile wallets.
6.2. All Card transactions where the physical card is present must be processed as follows:
6.2.1. the Customer must be present when the transaction is processed;
6.2.2. should the payment request a pin, the Customer must verify his/her identity by entering his/her valid PIN into the App; the abela App will instruct you which method is required for Customer verification;
6.2.3. Tap on Phone transactions may be processed by the Customer tapping his/her contactless-enabled Mastercard or Visa Card on your NFC-capable Android mobile device that has the abela App;
6.2.4. Masterpass transactions may be processed by the Customer scanning the Masterpass QR code displayed in the abela App.
6.3. A transaction will be incomplete or invalid if:
6.3.1. if the chip technology fails during the transaction; and/or
6.3.2. if the telecommunications are interrupted during the transaction flow;
6.3.3. the transaction to which it relates is/or appears to be illegal and/or unenforceable;
6.3.4. the card had expired at the time of the transaction;
6.3.5. the card is not acceptable to Nedbank;
6.3.6. the card number is listed on the current hot-card file;
6.3.7. the Merchant accepts a mutilated, defaced, blank or illegible card;
6.3.8. it is subject to a chargeback in terms of the Card Association Rules.
MASTERPASS PAYMENTS ACCEPTANCE &PROCESSING
6.4. Customers will use the Masterpass Compatible App to scan the QR Code or a Customer may manually input the numeric code linked to the QR Code to perform a Transaction.
6.5. The Cards the Customer loads onto the Masterpass Compatible App may not necessarily be compatible with the Service.
6.6. The Service will automatically accept Payment Amounts from compatible Visa, Mastercard and Amex-issued Cards.
6.7. All Service Transactions will be authenticated either by 3D Secure, AMT or another accepted authentication method.
7. WALLET TOP-UP
7.1. You may Top-up your wallet using any of the below methods:
7.1.1. with an EFT Transaction using Your Wallet number as reference number;
7.1.2. You may Receive payment by displaying Your QR Code linked to Your Wallet;
7.1.3. You may top up Your wallet at any Pick n Pay nationwide;
7.1.4. You may top up Your wallet using ozow, zapper, paypal;
7.1.5. You may top up Your wallet by doing a manual bank transfer.
7.2. We reserve the right to reject or cancel Your request to Top-Up at any time at Our discretion.
7.3. We may, in Our discretion and without prior notice to You, set daily and/or monthly limits for Wallet Top-up. Any such daily limits will appear in the App.
8. VIRTUAL AND PHYSICAL CARDS
8.1. AUTHORITY TO DEBIT YOUR CARD
8.1.1. You hereby authorize Us to debit your card:
8.1.1.1. with any and all payments to merchants made by You using Your card or where we act on any instruction from You.
8.1.1.2. with any additional fees that may be charged through ATM’s;
8.1.1.3. with our standard service fees stated online and those of Abela as notified to You from time to time, including (without limitation) card replacement fees and any and all applicable government levies in respect of the use of the Card or Account;
8.1.1.4. where funds have been mistakenly added to Your Card or Account, We may make an adjustment to the balance so that the correct amount is restored.
8.1.1.5. the settled transaction amount may differ from the authorised amount on international currency transactions, due to the change in the rate of exchange fluctuation over the period between the authorisation and settlement leg of the transaction.
8.1.1.6. We shall not be liable for any transaction being dishonoured because of insufficient funds as a result of the debiting of fees.
8.1.1.7. If the charges or fees incurred from time to time exceed the remaining balance on the Card or Account from time to time, You agree to pay any outstanding amount to Us on demand.
9. PRE-PAID PHYSICAL OR VIRTUAL DEBIT CARD
9.1. ISSUE OF THE CARD
9.1.1. All these terms and conditions (this agreement) shall apply without reservation when the card is dispatched to You and by accepting and using the card you agree to be bound by this Agreement.
9.1.2. The card is owned by Ukheshe and will remain Our property at all times and must be returned to Ukheshe on request.
9.2. ACTIVATION OF THE CARD
9.2.1. You can activate your card via the relevant channel, abela App or other Medium used to sign up for the card. Visit www.abela.app online to register and manage your card and to retrieve your PIN.
9.3. USE OF THE CARD
9.3.1. You are the only person who may use the card, and We may request information and documentation from You to verify your identity. You may not allow any other person to use the card. Unauthorized use of Your card by a third party is a criminal offence and may be prosecuted accordingly.
9.3.2. The card enables You, inter alia, to effect purchases by electronic means only.
9.3.3. You may not make purchases, withdraw amounts and otherwise use the card for transactions that will exceed the credit balance on Your card and other limits imposed by Us.
9.3.4. You will be liable for payments made by the Bank or relevant Card Scheme in respect of the use of Your card.
9.3.5. Use of the card is at your own risk and Abela, Ukheshe and/or the Bank are not responsible for any loss or theft resulting from the use of the card.
9.3.6. You may request a refund of a suspected unauthorized or incorrect debit to Your card. We will investigate Your request for such a refund, taking into consideration Your recent spending behaviour and all relevant circumstances related to the transaction. We may request further information as is reasonably necessary to determine whether You are entitled to a refund. We may give this information to other companies or people investigating the matter. If successfully investigated a refund will be made into your account.
9.3.7. The card may not be used for any unlawful purpose, including but not limited to, the purchase of goods or services prohibited by any law.
9.3.8. You must at all times comply with all applicable law including but not limited to legislation to combat money laundering. In this regard you acknowledge that Abela and Ukheshe and/or the Bank and/or Card Schemes have certain rights and obligations arising from such legislation.
9.3.9. We may refuse any particular transaction at any time that does not satisfy all the relevant conditions as set out in this agreement, or the execution of which would be unlawful or otherwise contravene any applicable law, without liability.
10. AUTHORITY TO DEBIT YOUR ACCOUNT
10.1. You hereby authorize Us to debit Your account:
10.1.1. all transactions not authorised by You, but which have been carried out by means of the card and PIN before we have had the reasonable opportunity, after the verbal notification by You, to prevent any further unauthorised transactions;
10.1.2. with any and all payments to merchants made by You using Your Account or any card or where We or the Bank act on any instruction from You;
10.1.3. with any additional fees that may be charged through automated teller machines (ATMs);
10.1.4. with Our standard service fees and those of the Bank or Card Scheme as notified to You from time to time, including (without limitation) card replacement fees and any and all applicable government levies in respect of the use of the card; and/or
10.1.5. where funds have been mistakenly added to the card or Account, We may make an adjustment to the balance so that the correct amount is restored.
10.2. We and/or the Bank and/or Card Scheme shall not be liable for any transaction being dishonoured because of insufficient funds as a result of the debiting of fees.
10.3. If the charges or fees incurred from time to time exceed the remaining balance on the card from time to time, you agree to pay any outstanding amount to us on demand.
11. INTEREST
11.1. You acknowledge that no interest will accrue on any credit or debit balances in your Account and/or Wallet.
12. TRANSACTION HISTORY
12.1. Transaction history can be accessed through Our App, WhatsApp or other channel at Your request.
12.2. If You believe that Your Transaction history contains an error(s) You must notify Us of the error via e-mail or by contacting support in the App or channel within 30 (thirty) days of the receipt of the transaction history, failing which you will have no claim whatsoever in respect of or arising from such error(s).
13. USE OF CARD
13.1. Subject to product specifications, You shall be entitled to operate the card at an ATM, a point-of-sale device and ecommerce transactions, with a PIN.
13.2. You shall receive a PIN, a secret number only known to you which shall be encoded on the card and used as a means of user identification.
13.3. The card shall be encoded with a PIN before you are able to withdraw and deposit money and otherwise use the card at such compatible ATMs, point-of-sale terminals and other electronic devices as advised from time to time by Abela and Ukheshe.
13.4. You must:
13.4.1. not allow a third party to use the card and PIN;
13.4.2. always take reasonable steps to keep the card safe and the PIN secret at all times;
13.4.3. never disclose the PIN to a third party;
13.4.4. never write down or record the PIN, anywhere.
13.5. By keeping and/or using the card You accept all these terms and conditions in respect of the use of the card.
13.6. You may not cede or delegate any of his rights or obligations in respect of the card or its use.
13.7. The card is valid from the time it is issued until the account is closed or Your right to use the card is terminated by Us.
13.8. We are the owners of the card and, when the account is closed for whatever reason, You must give the card back to Us to give back to Us.
13.9. If the card, physical or virtual:
13.9.1. is lost, stolen or used wrongfully, including a phone containing a virtual card; or is used by any person other than yourself, You must notify Us immediately. You must also notify Us immediately if anyone obtains knowledge of your PIN or if you have reason to believe or suspect that this has happened.
13.9.2. If you have notified Us verbally, You must confirm your verbal notification in an email at hello@abela.app within 6 (six) hours from the verbal communication. Delay in notifying us of the loss or theft will be deemed to be negligence on your part. It is your responsibility to ensure that every written notice is received by Us.
14. DEPOSITS
14.1. Subject to product specifications, there are limits to the number and amounts of deposits that can be made on your Account or Wallet. Abela and Ukheshe reserve the right to update and amend the limits without notice. Any deposit exceeding the limits will be rejected and will not be accepted.
15. YOU MAY USE OR SPEND FUNDS
15.1. We reserve the right to reject or cancel Your request to purchase at any time at Our sole discretion.
15.2. Daily and/or monthly maximum redemption amounts apply and may change from time to time without prior notice to You.
15.3. Services and the relevant charges may change from time to time without prior notice to You.
15.4. All credit/debit card Top-up and payment receipts will have at least a three-day delay before the funds will be available to spend in your Account or Wallet.
16. OPERATING SYSTEM REQUIREMENTS
16.1. This app requires a smartphone device with internet connection to be operational.
16.2. The device used to access the mobile application platform needs to have a valid cell phone number that complies with “RICA”.
16.3. As a customer, you will have needed to pass our “KYC” process that verifies your identification. Once we have verified you, you will be able to use your abela wallet to transact freely.
16.4. You will have access to a wide variety of financial services.
17. ACTIVATION AND DEACTIVATION OF YOUR WALLET
17.1. The app will be activated as soon as You have downloaded it off the google play store, the app store for iPhone or the Huawei app gallery. Once You have downloaded the app, You will have to give Us certain information such as your name, surname, ID number, photo of Your ID and a selfie that matches your ID so that We can approve You. Once you have been approved, You are free to transact using your abela wallet.
17.2. If Your physical card has expired or has been lost or stolen, please contact us immediately. We will ensure that the card is blocked. You will then need to pay a fee to have the card replaced.
17.3. If You want to deactivate your account, please contact Us and We will deactivate Your account and cash out the money still available in Your wallet
18. ANTI-MONEY LAUNDERING, FRAUD, DISPUTES & CHARGEBACKS
18.1. You acknowledge and understand that Ukheshe is an accountable institution for adherence to all regulatory and legislative requirements under this Agreement in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 and furthermore, an accountable institution in terms of Financial Intelligence Centre Act 28 of 2001 as amended by the Financial Intelligence Centre Amendment Act 1 of 2017.
18.2. You acknowledge that Abela is a Third Party Payment Processor registered with the Payments Association of South Africa and must adhere to all regulatory and legislative requirements under this Agreement.
18.3. You provide Your irrevocable consent to Us and Ukheshe to disclose any information provided by You in terms this clause to any Regulated Institution and/or Officer as may be required in terms of applicable anti-money laundering and counter-terrorist financing legislation (including FICA) or any other relevant legislation.
18.4. You shall not use the Services to commit any of the following acts:
18.4.1. any act which undermines Abela or Ukheshe’s reputation, privacy, intellectual property and other rights;
18.4.2. any act which assists in, allegedly results in, or may actually result in, fraud, money laundering, terrorist financing or impermissible or illegal trading;
18.4.3. any act which involves Your use of an invalid Card or the Card of another person or User without such other person’s or User’s consent;
18.4.4. any act which involves Your use of an invalid bank account or the bank account of another person or User without such other person’s or User’s consent;
18.4.5. any act that We or any Bank, EFT payment network reasonably believe to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time.
18.5. In order to prevent Fraud, We may implement Fraud Prevention measures, as updated from time to time without prior notice to You. We may require that You supply additional information to verify that that any payment made through Us is valid and that You have made the payment. Should You fail to provide Abela and/or Ukheshe with the requested information, We reserve the right to suspend Your profile or Account, until said request has been complied with to Our satisfaction.
18.6. Examples of these measures include, but are not limited to:
18.6.1. Any debit or credit card payment over a certain value may require you to verify your details by providing or uploading copies of ID/Passport as well as a copy of the credit /debit card;
18.6.2. Any payment deemed or classified as medium or high risk by Us may be held in suspense until the amounts have been verified;
18.6.3. If any payments have been marked as medium or high risk, We will contact you to provide the necessary information required to validate the transaction and make the funds available for use;
18.7. You agree that in the event of a Dispute of Chargeback (otherwise known as a dispute) request from a financial institution, We, may Chargeback by:
18.7.1. deducting, withholding, recouping from, or offsetting against our payments to You or debiting Your Wallet or account, or We may notify You of Your obligation to pay Us, which you must do promptly and fully;
18.7.2. Our failure to demand payment does not waive our Chargeback rights.
18.7.3. We will withhold the full value of the Chargeback amount in Your Wallet or Account pending investigation.
18.7.4. Chargebacks may result from the following (including but not limited to):
18.7.4.1. a Customer dispute;
18.7.4.2. Transaction reversal;
18.7.4.3. Unlawful or suspicious transactions;
18.7.4.4. actual or suspected lack of authorisation;
18.7.4.5. Transactions processed outside the terms of the Agreement;
18.7.4.6. reversing a Charge for which we have not paid You.
18.7.5. Should the findings illustrate or indicate any unauthorised activity or fraudulent activity this Agreement may be terminated immediately.
18.7.6. You agree that We shall be entitled to debit the full amount of any Chargeback from Your Wallet or Account.
18.7.7. If We are unable to recover funds related to a Chargeback for which You are liable, You will pay Us the full amount of the Chargeback immediately upon demand. You furthermore agree to pay all costs, expenses and disbursements including, without limitation, sheriff fees, tracing fees, courier fees, postage, attorneys’ fees on an attorney and own-client scale, incurred by Us in connection with the collection of all such amounts from You.
18.7.8. Fraud prevention methods, legislation, Rules, Regulations and processes change from time to time and as a result we reserve the right to amend or policies and procedures as required without prior notice to You. You agree to be bound and adhere to same.
19. YOU SHALL NOT USE OUR SERVICES TO COMMIT ANY OF THE FOLLOWING ACTS:
19.1. Any act which undermines Our or Ukheshe’s reputation, privacy, intellectual property and other rights;
19.2. Any act which assists in, allegedly results in, or may actually result in, money laundering, terrorist financing or impermissible or illegal trading;
19.3. Any act which involves Your use of an invalid credit or debit card or the credit or debit card of another person or User without such other person’s or User’s consent;
19.4. Any act which involves Your use of an invalid bank account or the bank account of another person or User without such other person’s or User’s consent;
19.5. Any act that We or any EFT payment network reasonably believes to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time.
20. PROVISIONS OF THE CONSUMER PROTECTION ACT, 2008 (“CPA”)
20.1. The provisions of this Agreement contain assumptions of risk and/or liability by You. It furthermore limits and excludes liabilities, obligations and legal responsibilities, which We will have towards You and other persons. The provisions of this Agreement also limit and exclude Your rights and remedies against Us and place various risks, liabilities, obligations and legal responsibilities on You. These provisions may result in You being responsible for paying additional costs and amounts and We may also have claims and other rights against You.
20.2. In particular, amongst others, please make sure to consider the provisions of the Risk clauses herein below very carefully, because they have an impact on the risks You carry in making use of the Software and the Services, and on Our liability to You.
20.3. To the extent that any Services provided under this Agreement are governed by the CPA, no provision in this Agreement is intended to contravene the applicable provisions of the CPA, and therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
21. GENERAL TERMS RELATING TO WALLETS OR ACCOUNTS
21.1. You acknowledge and understand that:
21.1.1. Your resignation as a User, and Your election to deposit and/or transfer funds, does not represent an investment with Us in any manner whatsoever;
21.1.2. any transfers or transactions of money are made at Your own risk and We do not accept any liability for any loss, damage (whether direct or consequential), or delays experienced in relation to the receipt of funds, purchase, transfer, cash-out or cash-in;
21.1.3. We will keep a record of all the transactions for a period for 5 (Five) years, which record You can access via WhatsApp or the platform for a period of 3 (Three) months from date of transaction, any records older than 3 months can be requested at an additional fee; and
21.1.4. We do not verify the cell phone number of the Recipient and accordingly will not be held responsible for any loss incurred by You as a result of any incorrect information provided;
21.1.5. We do not guarantee the availability of funds at the Selected Merchant, nor do we guarantee that a specific denomination will be available when withdrawn by the Recipient at the selected merchant;
21.1.6. All Wallets or Accounts that have had no activity for 60 days will be deemed dormant and a dormancy fee may be charged.
22. ELECTRONIC TRANSMISSION OF INFORMATION
22.1. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure, and is subject to possible loss, interception, or alteration while in transit.
22.2. Accordingly, We do not assume any liability, without limitation, for any loss or damage You may experience or costs You may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Software, App, Services or e-mail to Us containing Your Personal Information.
22.3. We will take commercially reasonable steps to safeguard the privacy of and keep confidential the information You provide to Us and will treat such information in accordance with the provisions of this Agreement. Under no circumstance, unless and only to the least extent required otherwise by applicable law, will the information You provide to Us create any fiduciary obligations for Us, or result in any liability for Us in the event that, in spite of Us taking reasonable steps to prevent it, such information is lost, damaged or destroyed, or accessed or processed by third parties, without Your or Our consent.
23. GOOGLE PLAYSTORE AND APP STORE TERMS AND CONDITIONS
23.1. The app store from which You downloaded the app and its terms and conditions will be the ones You abide by if there are any differences between the terms.
24. LICENCE TO USE THE APP
24.1. We hereby grant You a personal, non-exclusive, non-transferable, fully paid-up license (with no right to sub-license, transfer or assign) to use the Software on a single Mobile Phone, and to use the Software in conjunction with that Mobile Phone, in the Republic of South Africa, for Your own internal data processing purposes, strictly upon the terms and subject to the conditions of this Agreement.
24.2. The Software and the Services are not automatically supported and the license does entitle You to any updates, upgrades, new releases or support services for the app, and We may provide these in Our discretion from time to time. You agree that the terms of this Agreement shall apply to any updates, upgrades or new releases provided to You. If You think the Software or the Services are faulty or misdescribed, please contact Us at hello@abela.co.za.
24.3. If We have to contact You in relation to maintenance and support of the Software or the Services, We will do so by email, SMS or telephonically, using the contact details You have provided to Us.
24.4. You can only transact through the website in line with the facilities available to You through Your bank Card.
24.5. All ownership rights (including Intellectual Property rights) in and to the Software (including updates, upgrades and new releases) and the website and all Intellectual Property, are and shall remain vested in Us, Our licensor(s) or a party nominated by Us and shall never pass to You. You shall not during or at any time after expiry or termination of this Agreement, question or dispute Our ownership of the Software, website or Intellectual Property. Except as and to the extent authorised in this Agreement, You shall have no right to use Our Intellectual Property in any manner whatsoever.
24.6. You may not make a copy of the Software or website for back-up purposes. Other than as expressly provided for herein, You may not in any manner copy or otherwise reproduce the Software (wholly or partially) or the website.
24.7. Except as expressly set out to the contrary herein, You will not, and will not assist any third party to, copy, reproduce, transmit, distribute, sell, resell, license, sub-license, rent, lease, transfer, assign, disclose, de-compile, reverse compile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, incorporate into another website, computer program or product, or in any other way reduce to human-perceivable form or exploit all or any part of the website, the Software or the Intellectual Property.
24.8. You irrevocably undertake and agree that upon termination for whatever reason of this Agreement and/or any license granted under this Agreement, You shall –
24.8.1. immediately cease all use of the Software and any other Intellectual Property; immediately de-install or delete (as appropriate) every copy (including partial copy) of the Software and any other Intellectual Property acquired or made by You from wherever it is installed;
24.8.2. destroy every copy (including partial copy) of the Software and any other Intellectual Property acquired or made by You, by no later than 3 (three) days thereafter.
24.9. Third party software provided with the Software is licensed to You on its accompanying license terms, including warranties and remedies.
24.10. You agree that any breach by You of any provision of this clause shall be a material breach of this Agreement.
25. RISKS AND RESPONSIBILITIES
25.1. You agree to use the Software and/or Services in accordance with the terms of this Agreement and to comply at all times with all applicable laws, regulations and ordinances.
25.2. Except as regards Your reliance on the Software and the Services to do so, You accept the risk of sending and receiving funds. In entering into any transaction, including sending to or receiving funds from any User, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal and investigations into the risks of the transaction. You represent that You have sufficient knowledge, and experience to make Your own evaluation of the merits and risks of any transaction.
25.3. You are responsible for complying with applicable law. You must ensure that You are fully aware of all laws that may apply to You in relation to Your access to and use of the Software and the Services and to the transactions envisaged in or related to this Agreement, and agree that You are fully responsible for complying with such laws.
25.4. You agree that We are not responsible for determining whether or which laws may apply to Your transactions, including any tax laws, transfer pricing rules or exchange control regulations; We are not responsible for ensuring that You comply with such laws. You are solely responsible for compliance with applicable laws, including notifying, withholding, collecting, reporting and remitting any taxes and duties that are payable as a result of Your access to and use of the Software and the Services and any transactions You may be involved in.
25.5. You are aware of and accept the risk of operational challenges. No Software is error and risk free, as a result we may experience cyber-attacks, cyber-security breaches, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service or Your access to the App, and may even affect Your Wallet or Account. While We will do Our best to minimise the inconvenience and losses sustained as a result of such circumstances and will take reasonable steps to guard against them, You accept the risk of transaction failure resulting from such operational or technical difficulties, including those resulting from sophisticated attacks.
25.6. You agree not to hold Us accountable for any related losses unless gross negligence can be proven.
25.7. We do not advise on trading or any other financial activity. Our Services do not include, and it is not Our intention to give You any form of investment or financial advice, or professional advice of any kind. You should seek Your own independent financial advice before opening a Wallet or Account or entering into any transactions with Us. You acknowledge that You have been free to secure independent legal, financial, and other advice as to the nature and effect of the Services and Your making use thereof, and of all of the provisions of this Agreement and the relevant Exchanges’ terms and conditions, and that You have either taken such independent advice or dispensed with the necessity of doing so.
25.8. We must comply with applicable law. Applicable law, regulation, and/or orders or rulings by regulatory and other governmental bodies may require Us to freeze transactions, withdrawals, or contributions (or any combination thereof), or provide information (including Personal Information) regarding Your identity, location and/or Your Wallet or Account. Further, Our record-keeping and customer verification procedures are subject to change at any time as required by law, or industry practices. We must comply with applicable law and regulation and You accept any inconveniences to You or other consequences resulting from Our compliance.
26. PRIVACY AND USE OF PERSONAL INFORMATION AND DATA
26.1. This section sets out how We use and protect any information provided by You when
registering for and making use of the Services via any Interface.
26.2. We are committed to ensuring that Your privacy is protected. All information requested will be used within the terms of this Agreement.
26.3. We may collect the following information, which We may need in order to provide You with the Services and access to the Software:
26.3.1. name, surname and ID Number;
26.3.2. contact information including cellular number and email address;
26.3.3. geographic information using GPS functionality;
26.3.4. transactional history and any other related information;
26.3.5. Bank details for EFT transfers;
26.3.6. Debit/Credit card summary information to verify card transactions.
26.4. We shall process Your Personal Information in accordance with the conditions for lawful Processing as set out in the POPI Act.
26.5. We will use Your Personal Information for legal and compliance purposes: This includes using Personal Information needed to comply with legal and regulatory duties related to anti-money laundering and counter-terrorist financing; detection, prevention and prosecution of fraud and theft as well as preventing illegitimate or prohibited use of our services or other illegal or wrongful activity. This may also include establishing, exercising, or defending legal rights and claims of Us and others, and monitoring and reporting compliance issues. This may further include using your personal information to validate and authenticate your identity and utilizing third parties to help us do so.
26.6. We will inform you when your information is required to provide the services you request or is required by law. In certain cases, such as performing money transfer services, we may be unable to provide you with our services unless you provide certain personal information.
26.7. You consent to Us and Ukheshe using the information gathered to: create and administer Your Wallet; creation of your profile and Account; administering your profile and account; provide support services to you; provide Services to You; meet legal or other regulatory obligations imposed on Us; audit usage of Our software and services (including the Services); understand Your needs and to provide a better service, and in particular for internal record keeping; transaction verification and authentication; detect fraud and manage risk; improve Our internal operations and efficiencies; improve Our products and services; send You promotional communications about new products, special offers or other information which We think You may find interesting using the email address which You have provided; and otherwise perform Our obligations and exercise Our rights under this Agreement.
26.8. You have the right to access Your Personal Information and, should the information be inaccurate, You may request Us to correct Your Personal Information.
26.9. Should you not wish Your location settings and other information to be disclosed to us, the Smart Device or software will allow you to turn off the location settings, and therefore disallow us access to the information.
26.10. To the extent the relevant provisions of POPIA are in effect in relation to such rights, You may object to Our Processing of Your Personal Information in accordance with the provisions of POPIA. If you do so and We are not able to Process Your Personal Information then We may not be in a position to provide You with the Services.
26.11. It should also be noted that if some of the Services provided by Us to You require Us to Process the Personal Information of someone else, and that person has not consented to Us doing so, this will affect Our ability to provide the Services to You and may mean that We are not in a position to provide those Services to You. Any recipient of your funds must accept the provisions of this Agreement and, if they have not done so, We will not facilitate transactions between You and such recipient. For the avoidance of doubt, Our failure to provide the Services to You in such instances will not be a breach of this Agreement by Us and will not give rise to liability on Our part.
26.12. You hereby agree that We or Ukheshe may send You information: for the marketing of goods and services to You, for the marketing of goods and services to You on behalf of third- party companies, when We believe that these offers may be of interest to You; and that We may provide de-identified or aggregated information to third-party companies for the provision of analytical ratings about Your transactional patterns behaviours and customer care data and information, including call centre reports and sales assistance information.
26.13. You have the right to request that We or Ukheshe no longer contact You regarding the marketing of goods and services to You, whether for Our own purposes, or on behalf of third parties. Such request can be made through the contact details provided in these terms and conditions and upon receipt of such request, We or Ukheshe shall desist in such direct marketing.
26.14. From time to time, We or Ukheshe may also use Your information to contact You for market research purposes. You consent to Us contacting You by email or on Your cellular phone number. However, if You would like Us to refrain from doing so, please let Us know and We will comply with Your request.
26.15. We or Ukheshe may use the information to customise the Services according to Your interests.
26.16. We may elect to share Your Personal Information with:
26.16.1. service providers under contract with Us where this is necessary for Us to perform Our obligations under this Agreement;
26.16.2. parties where We are required to do so by law, court order, or in compliance with applicable identity verification or legal reporting obligations, and that, to the extent permitted or required under applicable law, We may do so even when Your relationship with Us is terminated or Your Wallet is cancelled; and
26.16.3. other third parties, provided We have received Your explicit consent.
26.17. You expressly consent that Ukheshe may process and further process your Personal Information to any of their group companies, which may be located outside of South Africa for the above purposes (in which case, We will ensure that the location to which Your Personal Information is transferred will be a location with at least as onerous restrictions on the Processing of Personal Information as are applicable in South Africa) and that they may disclose Your Personal Information to any person who provides services to them or acts as their agent to whom we have transferred or propose to transfer any of Our rights and/or duties in respect of Your Wallet, pursuant to their performance of this Agreement; and they will ensure that such persons agree to their privacy policies in Processing Your Personal Information. Such policies can be accessed at www.ukheshe.com.
26.18. Upon termination of the Agreement, and upon Your written request, Abela and Ukheshe shall delete or destroy all of Your Personal Information, unless and to the extent that We are required by law to retain records of Your Personal Information.
27. YOUR CONSENT
27.1. You acknowledge that you accept and provide your irrevocable consent to this “Your consent” clause, and specifically allow for the collection, storage, Processing and disclosure of Personal Information as described in this Agreement and for the purposes of this Agreement. Should You or We terminate use of the Services, consent is still given to Our and Ukheshe’s retention of the information We have already collected and for the uses as specified in this Agreement. If You do not consent to Us Processing your Personal Information, We cannot fulfil the terms of the Agreement.
28. NON-PERSONAL INFORMATION
28.1. Notwithstanding anything contained in this Agreement regarding Your information, the following information is not regarded as Personal Information for purposes of this Agreement:
28.1.1. information which cannot be linked back to You; and
28.1.2. non-personal statistical information i.e. information which has been aggregated and cannot be linked back to You.
29. WARRANTIES
29.1. We warrant that the Software shall operate substantially in accordance with its published functional specifications for 90 (ninety) days from date of its installation if it is used in accordance with all minimum configuration and environmental conditions specified in the documentation. Software under warranty may require ongoing support and the warranty provided is not a substitute for support.
29.2. We warrant that We are the owner of or have valid title to the Software and are entitled to grant the rights to You as envisaged in this Agreement.
29.3. Should any fault arise in the Software during the aforesaid warranty period, You shall immediately notify Us in writing describing the defect. We shall at Our sole option and within a reasonable period of time, repair or replace the defective Software. Except to the extent that this is prohibited by applicable law, this clause states Our entire liability and Your exclusive remedy for non-conformance with any warranty.
29.4. We do not warrant that the Services, the Software or website will be completely free from errors or that errors will be corrected completely, nor that it will meet Your requirements, nor that it will operate in all combinations selected for use by You.
29.5. You acknowledge that whilst We take reasonable care to exclude then-known viruses, malware, worms and Trojan horses from the Software, no warranty is given that the Software is free of viruses, worms, or Trojan horses.
29.6. You agree that We shall not be responsible for any malfunction, non-performance or degradation of performance of the Software which is caused by or results from, directly or indirectly, any alteration to, adjustment of, attachment to, or modification of the Software by anyone other than Us.
29.7. As expressly provided in this clause and except as required by applicable law, the Services, the Software and the website are provided “as- is”. Warranties given by Us in terms of this Agreement extend solely to You and are not transferable.
29.8. You must ensure that the correct User recipient is selected when you transfer Abela iMali to another User. We will not be responsible for any losses if You fail to correctly select the User recipient.
29.9. The Wallet is only intended to be used for payment of goods and/or services as contemplated expressly in this Agreement, and We accept no liability otherwise.
29.10. You warrant that You are the lawful owner of the bank card whose details are registered to You on the website.
30. PRIVACY POLICY
30.1. You can find Our private policy at https://abela.app/welcome/privacy_policy
30.2. We process Your personal information in accordance with Our privacy policy.
30.3. By accepting these terms and conditions as well as Our privacy policy, You agree that we may use and process Your information for the purpose of rendering Our services as well as sharing of Your information to Ukheshe, the bank, service partners, selected merchants and regulatory authorities.
30.4. You have the right to refuse providing Us with Your personal information, however that will prevent Us from providing our services to You. If at any stage You want Us to remove your personal information from our database, We will have to close Your account.
30.5. We will only process and store information that is necessary for Us to render Our services.
30.6. We will only retain Your information for as long as we need it or as required by relevant law and regulations.
31. CLOSURE OF YOUR WALLET OR ACCOUNT
31.1. This agreement may be terminated, in whole or in part, by Abela or Ukheshe, whenever, for any reason, if Abela and/or Ukheshe determines that such termination is in its best interest.
31.2. Should We cancel and terminate this agreement for any of the aforementioned reasons, We will freeze the Account or Wallet, send You a request to present Us with your banking details in order to refund any remaining balance within a period of 90 (Ninety) days, failing to provide Us with the necessary details within a period of 90 (Ninety) days and subject to the reason of cancellation, We will charge dormancy and/or admin fees after the 90 (Ninety) days on the dormant account at a rate that will be determined by Abela and Ukheshe from time to time until such time that the account reaches a zero balance.
31.3. Subject to the provisions of clause 21.5 below, You may terminate this Agreement at any time through WhatsApp support services (or through written communication to the Abela customer support chat box).
31.4. It is Your responsibility to ensure You have cashed out or used the balance in Your Wallet or Account. Your request to close Your Wallet will be treated as You having advised Us of Your intention to terminate this Agreement. This Agreement will be terminated upon Us closing Your Wallet or Account, only if there are no funds in your Wallet or Account. You agree and understand that after Your Wallet or Account has been closed by Us, You will no longer have any access to the Wallet. If there are funds still available, you would need to provide proof of identification as determined by Abela from time to time alternatively reregister, and thereafter request a re-allocation of funds.
31.5. You may not cancel Your Wallet or Account if We believe in Our reasonable discretion that such cancellation is being performed in an effort to evade an investigation or any liability (criminal or otherwise), or in an effort to avoid paying any amounts otherwise due to Us or any relevant governmental or regulatory authority. In this instance, We reserve the right to not act upon Your request.
31.6. You may also cancel this Agreement without reason and without Us imposing a penalty on You within 7 (seven) days of the conclusion of this Agreement by notifying Us of the cancellation in writing through the contact information herein under. If You (or We) cancel this Agreement then you must also discontinue use of the Services and delete all copies of the Software and Confidential Information acquired or made by You in terms of this Agreement.
31.7. We reserve the right to charge dormancy and/or admin fees on any closed account.
32. DORMANT WALLET/PROFILE/ACCOUNT
32.1. Upon the event that Your Account/Wallet/Profile is dormant for a consecutive period of 90 (Ninety) days, for whatsoever reason, We reserve the right to charge dormancy and/or admin fees on the dormant account per month until such time that the account reaches a zero balance. Should the account reach a zero balance and remains in a dormant state for more than 90 (Ninety) days, We will close the account with immediate effect.
32.2. You will not be able to transact on a dormant account without providing proof of his identity, and such account will be subject to reactivation.
32.3. Should You wish to claim any credit balance from a previously closed account (if any after deduction of dormancy and admin fees), You should approach us with original positive identification. Subject to regulations, we will do the necessary to initiate the unclaimed-balance process (should Ukheshe decide to do so), and will endeavour to provide the client with feedback within 48 (Forty-Eight) hours.
32.4. The client shall not be entitled to claim any interest from the date of closure of the account.
32.5. Upon the event of your death, the appointed executor of the deceased estate must present the following minimum documentation as determined by Us from time to time to withdraw any remaining funds (minus all charges and admin fees) and close the wallet:
32.5.1. Death certificate;
32.5.2. Letters of executorship;
32.5.3. Proof of identity of executor;
32.5.4. Proof of residency of executor not older than 3 months.
33. FEES
33.1. We charge the following fees for different transactions using the abela Wallet. This list of fees is not exhaustive and may be changed from time to time without notice:-
33.1.1. Wallet to wallet – R0.00
33.1.2. Abela wallet to cell – R0.00
33.1.3. Wallet cash out at Pick n Pay – R10.00
33.1.4. Wallet token at Pick n Pay – R10.00
33.1.5. Wallet cash in at Pick n Pay – R10.00
33.1.6. Cash in at Cash Express ATM – R5.00 + 1,5%
33.1.7. PayCorp cardless withdraws – R10.00 + 0,5%
33.1.8. Wallet EFT deposit in – R5.00
33.1.9. Wallet top up (credit card) – 3.5%
33.1.10. Wallet top up (debit card) – 3.5%
33.1.11. Paystack top up – 3.5%
33.1.12. Ozow top up – 0%
33.1.13. Zapper top up – 3.5%
33.1.14. PayPal top up – 2% + our conversion (actual conversion rate + R0.5 to the dollar on conversion)
33.1.15. Accepting Masterpass QR payment credit card – 3.5%
33.1.16. Accepting Masterpass QR payment debit card – 3.5%
33.1.17. Load bank card – R0.00
33.1.18. EFT out through CPS – R10.00
33.1.19. Immediate EFT out through CPS – R20.00
33.1.20. Pay Zapper (out – QR payment) R0.00
33.1.21. Pay abela QR code – R0.00
33.1.22. Pay Masterpass QR code – R0.00
33.2. You will also be responsible for all standard data costs associated with the download and use of the website and the mobile application platform.
33.3. All Services provided to You are executed on the Exchange and accordingly, once authorised by You, are automatic and cannot be reversed. Once You select Your Service it cannot be reversed so, please ensure that all information is correctly inserted and that You make the correct / intended decision in relation to a Service, including as regards the recipient of Your abela Mali and the number of abela Mali being transferred.
33.4. You will indemnify Us against any losses resulting from:
- You failing to pay the relevant costs or fees;
- You providing the wrong recipient/payment information;
- Someone else carrying out a payment instruction without Your permission;
- The recipient of any abela iMali using such abela iMali for purposes other than foreseen or intended by You.
34. LIABILITY
34.1. You acknowledge and agree that neither We nor any employees, agents or representatives of ours is liable for any loss or damage which may be incurred through accessing, using of or registering on the Platforms.
34.2. To the fullest extent permitted in law, You shall and undertake to, defend, indemnify, and hold harmless Ourselves, our officers, directors, employees, agents, representatives, affiliates and third parties, for any losses, costs, damages, liabilities and expenses (including legal fees) relating to or arising out of Your use of the services or the Platforms.
34.3. We disclaim all liability, howsoever arising and of whatsoever nature, for the acts or omissions of another person (including unauthorized users, or "hackers") of the Platforms.
34.4. We, as well as our subsidiaries, affiliates, respective agents, officers, directors, employees, information providers or content providers specifically do not make any warranties, representations, and/or guarantees regarding the accuracy or completeness of any information or services and/or products supplied and advertised on the Platforms. The Platforms and the service/s are provided "as is".
34.5. Save as set out in the Terms, Our Affiliates make no warranties, representations, and/or guarantees, whether express, implied in law or residual regarding the: Platforms; service/s provided through the Platforms; and third-party services and/or products acquired through the use of the Platforms.
34.6. To the fullest extent possible by law, Our Affiliates expressly disclaim all, express or implied warranties, including, without limitation: warranties and non- infringement; compatibility; security; and accuracy, in respect of the Platforms.
34.7. Our Affiliates shall not be responsible for, and they hereby disclaim all liability for: any loss, liability, damage (whether direct, indirect, specific, incidental or consequential); any expense or cost of any nature whatsoever which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to the Your access and/or use of the Platforms; any information or material contained on or received via the Platforms; Your use of the service/s, third party service/s and/or products on the Platforms; and/or Your reliance on any information or Links offered via the Platforms and service/s and/or products, whether arising negligently or not.
34.8. Without limiting the generality of the foregoing, the Our Affiliates shall not be liable for any: loss of business; loss of data; loss of profits; failure and/or unavailability of the Platforms for any reason whatsoever; and/or failure and/or delay by any third- party service provider to render any service/s which are necessary to ensure the availability of any of the Platforms.
34.9. The Platforms are made available on the basis that the Our Affiliates excludes, to the extent lawfully permitted all liability whatsoever for any loss, claim, action or damage howsoever arising out of the use of this Platform, reliance upon the content of the Platforms or use of the services.
34.10. Information transmitted via the internet is susceptible to monitoring and interception. You shall bear all risks of transmitting information in this manner. Our Affiliates will not be liable for any loss, harm or damage suffered by You as a result of transmitting information to Our Affiliates.
34.11. You specifically acknowledge and agree that the Our Affiliates are not liable for any conduct of any Client in any way whatsoever in respect of the access, use or sharing of the resources or otherwise provided on the Platforms.
34.12. Our Affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
34.13. We do not warrant that the Client’s use of the Platforms or any service provided will be uninterrupted, always available, or error-free, or will meet Your requirements, or that any defects in the Platforms will be corrected.
35. GOVERNING LAW
35.1. This agreement and any dispute that arises from this agreement will be in accordance with South African laws and all South African courts will have jurisdiction to preside over any legal proceeding.
36. ACCEPTANCE
36.1. By registering for the abela account, You agree and acknowledge that You accept the terms and conditions of this Agreement and, further, represent and warrant that if You are below legal age (18 years) You have Your guardian’s or parent’s consent to enter into this Agreement.
37. WHOLE AGREEMENT, AMENDMENTS AND UPDATES
37.1. This Agreement constitutes the whole agreement between the parties relating to its subject matter, supersedes all prior or oral or written communications and representations with respect to the website and the Software, and, prevails over any conflicting or additional terms in any document or other communication between the parties leading up to and during the term of this Agreement.
37.2. We may amend this Agreement from time to time. Except where We specifically stated that We will not provide You with prior notice in this Agreement, We will not provide You with notice of any changes to the Agreement.
37.3. You should regularly view this page to ensure that You are satisfied with any changes. If You are not satisfied with the revisions made, You should stop using the wallet service immediately.
37.4. To the extent permissible by law, We shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
38. SEVERABILITY
38.1. Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent thereof and shall be treated as not written and severed from the balance of this Agreement, without invalidating the remaining provisions.
39. BREACH
39.1. Should You breach (or should You permit any third party making use of the website or the Services via Your Wallet to engage in conduct that would constitute a breach if performed by You) any provision or term of this Agreement and fail to remedy the breach within 7 (seven) days of receipt of notice requiring You to do so and warning that if it is not so remedied that We may exercise Our rights in terms of this clause, then We shall be entitled without further notice to You, and in addition to any other remedy available to Us in law or under this Agreement, to:
39.1.1. cancel this Agreement; or
39.1.2. claim specific performance of any obligation whether or not the due date for performance has arrived; or
39.1.3. deactivate or suspend Your Wallet or access to the website or Services, in either event without prejudice to Our right to claim damages.
39.2. You must cash-out or transfer the Abela Mali (if any) within 2 (days) after We have taken any of the steps referred to above (other than cancellation of this Agreement and/or restriction, suspension or cancellation of Your Wallet and/or use of the website.
39.3. Notwithstanding anything else to the contrary in this Agreement, We reserve Our right to cancel this Agreement and/or restrict, suspend or cancel Your Wallet and/or use of the website where We reasonably suspect that Your Wallet has been or is being used in relation to any criminal or otherwise illegal activity. In such an event We will, unless We are prohibited from doing so in law, to take reasonable steps to provide You with notice of any decision to cancel this Agreement and/or restrict, suspend or cancel Your Wallet and/or use of the website. We may be prohibited in law from cashing-out the balance of Your abela Mali (if any), where We have cancelled this Agreement, and/or suspended or cancelled Your Waller and/or use of the website in terms of this clause
39.4. If a technical problem causes any Services (including access to the website) to become unavailable, any system outage or any Wallet errors, We may temporarily suspend access to the Services or the website until the problem is resolved.
40. CONTACT
40.1. If You have any queries, questions or requests regarding these terms and conditions, please contact Us at hello@abela.app or via our abela WhatsApp number: +27 64 547 6258. If You have any banking related queries please contact Your bank directly.
40.2. We will contact You via email, SMS or via WhatsApp using the contact details provided by You. We will contact you regarding promotions, updates relating to the app, any information regarding transactions relating to You.
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