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Safelypay Customer Loyalty Program Membership Terms And Conditions
Home/Safelypay Customer Loyalty Program Membership Terms And Conditions
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In this Agreement, unless clearly inconsistent with or otherwise indicated by the context:

1) DEFINITIONS

1.1) “Safelypay Marketing™” means the brand name “Safelypay (Pty) Ltd” uses to render loyalty services to it’s subscriber store partners.

1.2) “Safelypay” is a short name for “Safelypay (Pty) Ltd”, a company incorporated under the laws of South Africa, with registration number 2022/681123/07, and the owners of the “Safelypay Loyalty System”  

1.3) “Safelypay Loyalty System” is (in our opinion) the highest rewarding cloud based customer shopping crediting system developed by “Billionaires Concepts” (BCG) for Safelypay to help customers afford basic living costs at it’s minimum, with potential to affording luxuries at its best level (for hard workers and those who would use theirs Loyalty Cards extensively – “The more you shop, the more you gain“).

1.4) “Partner Store” means the merchant or client business or company that subscribes or is affiliated to our Loyalty system in order to service the vast Safelypay Customer base.

1.5) “Safelypay Network of Stores” or “Safelypay Network Stores” is the collective name for all Safelypay Partner Stores combined

1.6) “Your Registered Partner Store” shall mean Safelypay Partner Store where you originally registered to join Safelypay Loyalty Program

1.7) “You; Your; Yours” define the “Safelypay Loyalty Member” as described in the Safelypay Loyalty Member Details Section above.

1.8)“Customer” means “you” or the “Safelypay Customer Loyalty Program Member” as described in the Safelypay Customer Loyalty Program Member Details (Section B) on the next page of this Agreement.

1.9) “We; Us; Our” define “Safelypay (Pty) Ltd”.

1.10) “Submit button” in this agreement, the “Submit Button” shall be deemed to be electronic confirmation of signing this agreement and shall be irrevocable.

1.11) “Activation” means to unlock or initiate the use of system tools, instruments or system components, in order to obtain full access to use the system.

1.12) “Applicable Law” means all and any present or future law and the rules and regulations relating thereto, as amended from time to time;

1.13) “Safelypay Loyalty Card” means the mechanism, developed for Safelypay Marketing™, of encrypting payment information and splitting such encrypted information amongst multiple parties (including the consumer) so that no one entity can access such information alone. This encrypted information is used to safely and securely access customer’s ‘loyalty account’ balances in order to transact within the system.

 1.14) “Safelypay Loyalty POS” means web or mobile application software that facilitates transactions by processing payments, managing points and voucher inventory, and tracking sales data within Safelypay Network of Stores and businesses;

1.15) “Sign Up” means the date that the merchant/subscriber/applicant has signed this Agreement to use the Safelypay Marketing™ service;

1.16) “Suspension” means the deactivation of the Safelypay Loyalty™ service and benefits to customer with subsequent amounts duly outstanding and owing to Safelypay becoming immediately payable at any Partner Store and with no liability placed on Safelypay by the customer;

1.17) “Ecommerce Platforms” means “website”, “web app” and or “mobile app”

1.18) “Transaction” means a successfully completed purchase order transaction made by a Customer through the Safelypay Loyalty™ system;

1.19) “Electronic Transaction” means make a purchase and payment “online” through our ecommerce platforms

1.20) “Physical Transaction” means to make a purchase and payment physically at any of Safelypay Partner Stores nationwide.

1.21) “Digital or Electronic Signature” means the applicant customer (authorized representative) takes a photo of his signature on a plain white paper background, to be uploaded onto this document to formalize it. An ID card or document may be uploaded or presented to the store cashiers in place of electronic signature

1.22) “Safelypay Property” means all supplied hardware, accessories and or any system components by or initially from Safelypay to the customer. This also extends to Safelypay Software and or ecommerce platforms.

1.23) “Safelypay Loyalty Rewards” means Voucher Credits and Credit Facility Points

1.24) “Safelypay Vouchers” means buying coupons or credits kept in your vWallet

1.25) “vWallet” means Safelypay Loyalty™ brand name for customer ‘Voucher Wallet’ facility, wherein customers rewards are credited by our Voucher Accumulation Tracking (VAT*) system, the balance of which always reflects monetary value of the total vouchers held in your digital wallet

1.26) “Credit Facility Points” (The “Points”) means a “Cash Withdrawal Credit Facility” and or “In-Store Credit Facility” that if used, must be paid back with no interest charged, save normal system transaction costs apply.

1.27) “VAT” means Value Added Tax as known globally.

1.28) “VAT*” (VAT* with an asterisk) means Voucher Accumulation Tracking™ – a core value “SAAS” Hi-tech system that analyses customer spending activities and allocate vouchers at every opportunity point it identifies, and  should therefore not be confused with standard “VAT” as meaning Value Added Tax for the purpose of this agreement.

1.29) “Free Membership Registration” means completing the registration form, agreeing to terms and conditions and submitting the form.

1.30) “Attachment” means a separate section of this agreement that is also legal and binding in line with this agreement, and forms the integral part of this agreement

1.31) “Temporary-Use Cash-out Facility” shall be deemed to function as a form of “Cash Loan Facility” in the context of providing customers with the ability to withdraw cash temporarily. It emphasizes the temporary nature of the cash-out option, which is deemed to be beneficial to customer who might not wish to purchase everything on their list in one store.

1.32) “Online” means electronic or over the internet.

1.33) “Redeem Only Partner Store” = a Partner Store that does not register new customers into Safelypay Loyalty System (as a matter of choice or because they operate an E-commerce store), but will be listed on our online platforms (web / “App”) as one of the stores that provide services to our general customer base

1.34) “OTP”: One-Time-Pin is an extra security layer to customer transactions on Safelypay Loyalty POS at customer’s cost.

1.35) “vWallet Code” Means a customer (user number) or customized number or code generated according to customer instructions. If customer has not given their number suggestion, then this number will be generic. Once activated, the customer may use it to refer as many new customers as possible to any Partner Store within the Safelypay Network of Stores.

1.36) “Flyer Pack” This is one option for customers to gain Credit Points, the other option is by acquiring “vWalletCode”.

1.37) “Cash Back” Part of system rewards where the customer also earns 5% of their spending into their vWallet every time they spend at any Partner Store.

 1.38) “Annexe” means a separate document attachment or separate information segment which constitutes an integral part of this agreement.

2. PURPOSE

2.1) Safelypay Marketing™ grants a non-exclusive, non-transferrable access to the customer to refer other customers to enroll in The Safelypay Loyalty Program and to use the Safelypay Loyalty Card to make purchases and payments of orders at any of Safelypay Network of Stores and to order and pay for goods online through our ecommerce marketplace platforms.

3). The Customer will, to the extent agreed with specific Partner Stores, have access to the Safelypay Cash Withdrawal Credit Facility based on Credit Points accumulated over the life span of customer membership according to applicable terms and conditions set out in Attachment A.

SAFELYPAY LOYALTY POS TRANSACTION OPTIONS

4.a) Our POS Transaction options are very simple to understand as below:

  • 4.1) CREDIT CASH WITHDRAWAL
    • 4.1.1) This is strictly from customer Loyalty Card (Points) balance;
    • 4.1.2) This “Withdrawal” option may be used if the total number of points the customer accumulated (or Credit Balance) is equivalent to or more than the “Product/Service Amount” (or “Cash Out”) requested.
    • 4.1.3) If the Credit Points (VALUE) balance is adequate to meet the customer’s Cash Out request, Partner Store cashier will give the customer cash from their POS (“Till”).
    • 4.1.4) Safelypay will reimburse ZAR100 per Point reflected on the customer Safelypay Loyalty Account according to our agreement with Partner Store
  • 4.2) PAY WITH LOYALTY CARD
    • 4.1.1) This payment option is entirely based on the customer Safelypay Loyalty Account combined balance of the “Points” and “vWallet”, where the customer may instruct the Cashier to pay from any of the two facilities or both (if especially the required purchase amount cannot be met by one of the two funds sources)
    • 4.1.2) If the Credit Points (VALUE) balance and the total vWALLET (Voucher Wallet) balance are altogether adequate to meet the customer’s “Credit Purchase”, the Partner Store will render purchased services or supply the purchased goods to the customer “on credit”;
  • 4.3) PARTIAL PAYMENT (CASH)
    • 4.3.1) This option should be selected when the Customer “Safelypay Loyalty Account” combined balances do not meet the total purchase amount of the goods or services that the customer wishes to buy for, or if the customer does not wish to exhaust their Customer “Safelypay Loyalty Account” balances with the particular service or product purchase;
    • 4.3.2) TRANSACTION EXAMPLE / SCENARIO (Retail related):
      • 4.3.2.1) Customer “Safelypay Loyalty Account” balances = R300 (3Points + “0” vWallet);
      • 4.3.2.2) Customer goods Total Due at the “Till” / POS = R400;
      • 4.3.2.3) If the system calculated the “Voucher Accumulation Tracking™” fee or cost to customer as R25 this time,
      • 4.3.2.4) The new total due would be R425;
      • 4.3.2.5) Safelypay would settle R275;
      • 4.3.2.6) While customer pays the outstanding balance of: R125 (R400+R25 – R300) in CASH.
    • 4.3.3) Partner Store will grant the customer full service or all purchased goods for the partial Loyalty Card and cash payment portions if combined make up the total balance due to Partner Store;
  • 4.4) PARTIAL PAYMENT (SWIPE)
    • 4.4.1) This option should be selected when the Customer “Safelypay Loyalty Account” combined balances do not meet the total purchase amount of the goods or services that the customer wishes to buy for, or if the customer does not wish to exhaust their Customer “Safelypay Loyalty Account” balances with the particular service or product purchase;
    • 4.4.2) TRANSACTION EXAMPLE / SCENARIO (Retail related):
      • 4.4.2.1) Customer “Safelypay Loyalty Account” balances = R300 (3Points + “0” vWallet);
      • 4.4.2.2) Customer goods Total Due at the “Till” / POS = R400;
      • 4.4.2.3) If the system calculated the “Voucher Accumulation Tracking™” fee or cost to customer as R25 this time,
      • 4.4.2.4) The new total due would be R425;
      • 4.4.2.5) Customer would have to pay the outstanding balance of: R125 (R400+R25 – R300) by “swiping” their Bank Card on our “Card Machine” (Safelypay Card Machine).
      • 4.4.2.6) while Safelypay settle the whole R400 as was originally due to Partner Store;
    • 4.4.3) Partner Store will grant the customer full service or all purchased goods for the partial Loyalty Card and cash payment portions if combined make up the total balance due to Partner Store;
  • 4.5) vWALLET TOP UP (CASH)
    • 4.5.1) This transaction option is chosen when the Customer wishes to “Pay Back” the Credit Points used previously (either as “Cash Withdrawal” or as “In-Store Credit”), or as mere additional vouchers purchasing.
    • 4.5.2) In this transaction the Customer is essentially purchasing 100% of Safelypay Vouchers at the Partner Store for Cash;
  • 4.6) vWALLET TOP UP (SWIPE)
    • 4.6.1) This transaction option is chosen when the Customer wishes to “Pay Back” the Credit Points used previously (either as “Cash Withdrawal” or as “In-Store Credit”), or as mere additional vouchers purchasing
    • 4.6.2) In this transaction the Customer is essentially purchasing 100% of Safelypay Vouchers from Safelypay (Pty) Ltd as the Customer “swipe” their Bank Card on Safelypay Card Machine at the Partner Store business premises (POS);
  • 4.7) vWALLET TOP UP & USE (CASH)
  • 4.7.1) This transaction option is the same as “vWALLET TOP (CASH)” above
  • 4.8) vWALLET TOP UP & USE (SWIPE)
    • 4.8.1) This transaction option is 100% the same as “PAY WITH LOYALTY CARD” above, provided the Customer is made to “swipe” their Bank Card on “Safelypay Card Machine”.

4.b) Safelypay reserves the rights to add, remove or restructure these “Transaction Options” at any time without prior notice to Partner Stores, however any changes will automatically be updated in the system globally. No changes will alter any part of this agreement. Partner Stores may enquire if they do not understand new additions or restructuring of these Transaction Options

5) SAFELY LOYALTY VOUCHERS AND VALUE ADDED TAX LAW APPLICABLE

We offer digital vouchers that are redeemable only at any Safelypay Partner Store POS, and are stored in customers vWallet™. Safelypay Loyalty Vouchers are classified under section 10(18) of the VAT Act, which means no VAT is accounted for when the voucher is generated, and VAT is only accounted for on the value of goods or services supplied when the voucher is redeemed at Partner Store POS.

TERM AND TERMINATION

6. The “effective date” of this Agreement is the date and time of “electronically submitting” it hereof by the Subscriber. The Agreement will endure indefinitely unless terminated in accordance with its terms.

7. Within the duration of customer being Safelypay Loyalty Program member, following the Effective Date of this Agreement, and if, in the opinion of Safelypay Marketing™, the Customer:

7.1 commits any act or omission which is or could be prejudicial to, and/or not in the best interests of, Safelypay Marketing™; or

7.2 engages in or is suspected of engaging in bribery, fraud, or otherwise corrupt or illegal actions or omissions, Safelypay Marketing™ reserves the right to unilaterally and immediately terminate this Agreement on written notice (without providing reasons therefore) to the Customer. In the event of termination of this Agreement of this nature, Safelypay Marketing™ will deactivate its services to the Customer with immediate effect and no refunds will be provided to the Customer. The Customer is nevertheless obligated to pay to Safelypay (Pty) Ltd any amounts duly outstanding and owing to Safelypay (Pty) Ltd and return all system components and or Safelypay Brand accessories that was provided by Safelypay as was necessary to access and benefit from safelypay services at Partner Stores and in the event of a termination of this Agreement in terms of this clause 7.

8. If a Customer breaches any material provision of this Agreement and remains in breach for 7 days after written notice to the Customer, requiring the Customer to rectify that breach and warning that if the breach is not so remedied, the aggrieved Safelypay may exercise its rights in terms of this clause (or if it is not reasonably possible to remedy the breach, within 7 days within such further period as may be reasonable in the circumstances provided that the Customer in breach furnishes evidence within 7 days reasonably satisfactory to Safelypay (Pty) Ltd that you have taken whatever steps are available to you to commence remedying the breach), the aggrieved Safelypay shall be entitled (without derogating from any of its other rights or remedies under this Agreement or at law), at its option:

8.1 to sue for immediate specific performance of any of the defaulting party’s obligations under this Agreement, whether or not such obligation is then due; or

8.2 to cancel this Agreement, in which case written notice of the cancellation shall be given to the defaulting party, and the cancellation shall take effect on the giving of the notice,

9. Customer may terminate this Agreement for any reason on one month’s written notice to Safelypay, subject to settling any amounts owed to Safelypay by Customer and as per clause 6 above.

10. If the Customer fails to pay any fees due to Safelypay (Pty) Ltd by their due date; breaches any of the provisions of this Agreement; or becomes insolvent or bankrupt (whether provisionally or finally), commits any act or omission which, in the opinion of Safelypay (Pty) Ltd, is prejudicial to its own interests; engages in or is suspected of engaging in bribery, fraud, or otherwise corrupt or illegal actions or omissions; or commits an act of insolvency or steps are taken against you, then Safelypay (Pty) Ltd reserves the right to take appropriate action, including but not limited to:

10.1) Terminating the Agreement with immediate effect

10.2) Seeking damages for any losses incurred

10.3) Taking legal action to recover any outstanding fees;

11. Notwithstanding clauses 6 to 10, upon termination of this agreement, the Customer  will cease to be a member of the Safelypay Loyalty Program, and as such, will within 30 calendar days return any “Safelypay Property” that were supplied by Safelypay Marketing after signing and submitting this documen. Clause 11 here is subject to:

11.1) Any due Safelypay Property shall be packaged and parcel marked “Membership Terminated” and Customer Loyalty ‘Card name or number’ returned by the Customer to any Partner Store, or to Safelypay Premises or offices (as Safelypay first preference, and) at your own cost;

11.2) And the goods must arrive in the condition as were supplied by Safelypay initially, if not you are liable pay as were may invoice for the damage;

11.3) If after 30 days of termination, “Safelypay Property” does not arrive at our offices, then Safelypay may send for collection at the cost of the Customer and still invoice the Customer for any loss suffered by Safelypay regarding “Safelypay Loyalty System” and or “Safelypay Property”.

11.4) Your information or data that we have under your profile at Safelypay will be destroyed in compliance with POPI Act. We however have no control of any Partner Store that may still have your profile information.

SUSPENSION

12. Notwithstanding clauses 6 to 10, Safelypay Marketing™ reserves the right to unilaterally take the decision to effect Suspension with immediate effect  for up to 22 (twenty-two) calendar days (“Suspension period”) or such other reasonable time as may be agreed between the parties, if the Customer:

12.1 fail to distribute flyers to reach-out to new customers (or alternatively invite new customers with vWallet Code) to a minimum satisfactory number (of 30) new customer “Sign-ups” over a period of 3 months.

12.2 fail to make regular “vWallet Top Up” and or “vWallet Top Up and Use” transactions

12.3 fail to pay SafelyCard (Loyalty Card) monthly maintenance fee.

12.4 engages in or is suspected of engaging in any fraudulent act, or otherwise corrupt or illegal actions or omissions or conducts yourself in a manner that is or could be prejudicial to Safelypay Marketing™, during which Suspension period the Customer is afforded the opportunity to rectify the aforementioned breaches.

13. If the Customer remedies the cause of the Suspension during the Suspension Period, the Suspension will immediately, or as soon as practicably possible thereafter, be lifted and the Customer will be re-activated on the Safelypay Loyalty™ services.

14. If the Customer remains in breach of clause 12 following the Suspension period, Safelypay (Pty) Ltd reserves the rights to terminate the Agreement with immediate effect and recover all outstanding costs due from the customer.

APPLICABLE FEES AND COSTS

15. There are only 6 (six) types of fees applicable in this agreement that are directly or indirectly for payment by the Customer to Safelypay, directly by ‘swiping Customer bank card on Safelypay Card Machine, by paying cash at Partner Store Cashiers (POS) or directly online where such payment links are provided:

15.1 “LOYALTY CARD ACTIVATION FEE”: This is a “one time” fee payable immediately after Customer registration in Safelypay Loyalty Program. The amount is currently set at ZAR 35 (We reserve the rights to amend this fee at any time without prior consent of new members at that time). This fee is necessary because the Customer needs the Safelypay Loyalty Card to access the system or program benefits.

15. 2 “SAFELYCARD MONTHLY SUBSCRIPTION”: This is a monthly fee payable from the first 30 (Thirty) Days after Customer registration in Safelypay Loyalty Program. The amount is currently set at ZAR 175 (We reserve the rights to amend this fee at any time without prior consent of new members at that time). This fee is necessary because Safelypay (or BCG) need to keep your Safelypay Loyalty Account active and always up to date make sure appropriate Rewards are allocated to the right customer, and for general maintenance of the account on behalf of the customer.

15. 3 “vWALLET CODE”: This is a “one time” global marketing product purchase made any time at the discretion of the Customer in order to earn Point Credits. The amount is currently set at ZAR 375 (We reserve the rights to amend this fee at any time without prior consent of new members at that time). This fee is necessary because it a method or channel for Customer gain more unlimited Credit Points at any Partner Store globally, even electronically (online).

15.4 “FLYER PACK”: This is a basic “starter-pack” marketing product that customers are recommended to purchase at least once (although not limited to one-time purchase), so to “kick-start” their earning process and journey in the Safelypay Loyalty Program. It is the cheaper alternative for “vWallet Code” (as in clause 15.3 above). The amount is currently set at ZAR 195 (We reserve the rights to amend this fee at any time without prior consent of new members at that time). The purchase of this “start-up” product is necessary because it (or it’s alternative in clause 15.3) initiates points earning part of the Loyalty System; Without it or its alternative, the benefits of the Loyalty System will not be activated.

15. 5 “VOUCHER ACCUMMULATION TRACKING” (Loyalty System Addon) FEE: This is a “variable” fee or surcharge of any purchase made through Safelypay Loyalty Card at any Safelypay Network Store. The amount charged varies between 15 and 20% (percent) across board (all our platforms, including POS). We reserve the rights to amend the rate of this fee at any time without prior consent to existing Loyalty Members. This fee is necessary because it is the core transaction activity analysis function that grants Voucher Rewards to customers. (Although the technology is an add-on system to the framework of the Loyalty program)

15. 6 “ONE-TIME-PIN”: This security function (as defined in clause 1.34 above) recently became mandatory for customer to allow for (at their own cost), whenever transacting with their Safelypay Loyalty Card. With this facility in place, only Loyalty Card owner can access the Safelypay Loyalty Account to transact. The function carrier charges a fee for this needed feature in our Loyalty System, hence we also charge in accordance to their billing to us. The amount charged is currently set at ZAR 2 per transaction. (We reserve the rights to amend this fee at any time without prior consent to existing Loyalty Members).

16. The Customer accepts to pay all or any Applicable Fees to Safelypay (Pty) Ltd directly or through Partner Store POS as may be charged automatically in the Loyalty System, and shall have access to Safelypay Marketing’s customer support along with the benefits of the Loyalty System.  

17. Clause 15.5 and 15.6 fees are automatically deducted immediately after any transaction through our system (Safelypay Loyalty System)

18. All applicable fees (Clause 15 above) exclude VAT (Value Added Tax).

SAFELYPAY ‘POINTS’ CREDIT FACILITIES

19. Understanding how Safelypay Credit System works:

19.1) Offer of Credit Facility:

a) Participating Partner Stores may offer you “Credit Cash withdrawal” (as Points Cash Out) and or “In-Store Credit Purchase” (Apply Points on Checkout) from the Loyalty Points Credit Facility (“Facility”) on behalf of Safelypay (Pty) Ltd (“Company”).

b) The Facility enables customers to utilize accrued Loyalty Points as a form of credit for cash withdrawals or purchases of goods at the Partner Stores on a ‘take now, pay later’ basis.

c) Repayment for credit utilized through the Facility shall be via ‘vWallet’ top-up, with the credited Loyalty Points being re-credited as original. Once re-credited, the Loyalty Points become available for reuse, akin to a ‘Revolving Credit’ system.

d) All lifetime used credit ‘Points’ becomes immediately payable (to Safelypay Pty Ltd) upon termination of the ‘Safelypay Customer Loyalty Program Membership Agreement’ by either the customer, Partner Store, or Safelypay (Pty) Ltd for any legitimate reason, such as system abuse, misuse, inactivity and unpaid standard fees for other parts of the Loyalty System.

e) While the credit facility is in use or engaged, there will be no pressure on repayments, provided the customer continues to engage with other options within the Loyalty System, including ‘vWallet Top-Up and Use’ and ‘vWallet Top-Up’, as well as spending the vWallet amounts at our POS.

19.2)    Terms of Credit Facility:

a) The credit extended through the Facility shall be considered a non-interest bearing credit arrangement and shall not require a financial license for operation

b) The current conversion rate of Loyalty Points to credit value (balance available) shall be set at One Hundred Rand (R100) per “Point” by the Loyalty System operated by Safelypay (Pty) Ltd, subject to periodic review and adjustment at its discretion.

c) Customers shall have the option to request cash withdrawals or utilize the credit for in-store purchases, subject to the credit limit determined by the number of “points” (or the value) as reflected on the Loyalty System.

19.3)    Liability and Indemnification:

a) Safelypay (Pty) Ltd and the Partner Store shall not be liable for any misuse or fraudulent activity related to the Facility carried out by customers.

b) In the event of default by a customer in repayment of credit extended through the Facility, the liability shall remain with the customer, and Safelypay (Pty) Ltd shall have the right to recover outstanding amounts from the customer.

c) The credit extended through the Facility shall be considered as offered by Safelypay (Pty) Ltd on behalf of the Partner Store, and the liability for the credit shall ultimately rest with the customer.

19.4)    Amendment and Termination:

a) This clause may be amended or modified by mutual agreement of the parties in writing.

b) Either party may terminate participation in the Facility upon providing written notice to the other party.

19.5) Governing Law:

This agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

19.6) Acknowledgement of the Safelypay Loyalty Credit System

I acknowledge and understand that when I sign (by submitting the form containing my personal details, as following these terms and conditions), I will be obliged and irrevocably liable for any Safelypay Credit Points that I may use as Points “Cash-out” or “In-Store Credit” or even discounts on my in-store purchases during my active membership in the Safelypay Loyalty Program

LIABILITY

19. Safelypay Marketing™ has taken all efforts to build a self – empowering system for Customers to find help in meeting their daily basic need affordability and accessibility. The core business and functionality of Safelypay Loyalty™ is wrapped in the using of Customer shopping activity to regenerate the money spent into vouchers through our revolutionary Voucher Accumulation Tracking system startegy. In keeping with upholding its standard of excellence, Safelypay Marketing™ will take responsibility for its acts or omissions resulting in disruption to the Safelypay Marketing™ service in accordance with clause 21, however, Safelypay Marketing™ will not be responsible for instances that are outside of its control, which include:

19.1 any actions or inactions of the Customer that result in a loss of service;

19.2 any events or outages affecting the Safelypay Marketing™ system and Safelypay Marketing™ service that are outside of the authority, control and / or responsibility of Safelypay Marketing™;

19.3 any delays in vWallet Top Up settlement of funds by Partner Stores; and

19.4 non-settlement of vWallet funds.

20. Safelypay Marketing™ will use its best endeavours to assist the Customer in resolving issues relating to the delays in settlement or the non-settlement of Credit Points and vWallet funds. The Customer is required to (i) inform Safelypay Marketing™ of such delay or non-settlement in respect of a vWallet balance not according to your last transaction or messages sent of the your updated balances (“affected Transaction”) or (ii) notify Safelypay Marketing™ of any claim the Customer seeks to institute for the outstanding funds resulting from the affected Transaction. Notwithstanding the terms of this Agreement, in respect of both (i) and (ii) if the Customer fails to inform or notify Safelypay Marketing™ within fourty-eight (48) hours from the time that this affected Transaction occurred, the Customer shall have no right of recourse against Safelypay Marketing™ and Safelypay Marketing™ cannot be required to assist the Customer in such instances. It bears mention and in terms of clause 19, that Safelypay Marketing™ cannot be held liable for acts outside of its control.

21. Safelypay’s liability is limited to direct damages that arise as a result of the negligence or acts or omissions its employees, agents or representatives in the performance of their duties. Customer shall 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 Safelypay (Pty) Ltd Company Reg. Number: 2022/681123/07 – Tax Number: 9172884265 or arising out of this Agreement. In no event will Safelypay’s aggregate liability in respect of any claims relating to this Agreement exceed the Applicable fees paid or would have been payable by the Customer to Safelypay for the 12 (twelve) month period immediately preceding the date on which the claim arose. Customer shall not exclude nor limits their liability for any damages arising from their wilful or fraudulent conduct, or for any matter for which it would be illegal for to do so. This clause 21 shall always be interpreted per and subject to this overarching proviso.

INDEMNIFICATION

22. The Customer indemnifies Safelypay (Ltd) Ltd, its directors, officers, employees, agents and its system developers (Billionaires Concepts Group Pty Ltd) against all losses which may directly or indirectly arise out of or in connection with:

22.1 a breach by the Customer of any of its obligations under this Agreement; and/or

22.2 the negligent, wilful or fraudulent act or omission of the Customer in carrying out or failing to carry out its obligations under this Agreement.

22. To the fullest extent permissible in law, the Customer hereby unconditionally and unreservedly indemnifies and holds Safelypay, its affiliates, public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and costs, of whatsoever nature, howsoever and whensoever arising, as a result of and without limitation any breach by the Customer of this entire agreement.

RECOMMENDATIONS

23. Safelypay Marketing™ is excited to assist in empowering the Customer by offering the opportunity to always have “Buying Power” in line with our vision to help reduce poverty or to help minimum wages earners to afford basic needs. Safelypay have created the system, you have to take efforts to make the system work for you by making sure the following initiatives are undertaken:

23.1 Purchase either the “Flyer Pack” or “vWallet Code” and distribute to family, friends and neighbours around your community and beyond;

23.2 Use your Safelypay Loyalty Card every time you shop at any Safelypay Partner Store, even for small transactions, such as “vWallet Top Up Cash” and “vWallet Top Up & Use Cash”

23.3 Choose Safelypay Card Machine for transactions that need a Card Machine to complete, like “vWallet Top Up Swipe” and “vWallet Top Up & Use Swipe” –

23.4 use your best endeavours to promote the Safelypay Loyalty™ membership to new or regular customers that are not yet members of the Safelypay Loyalty™; This will increase your points and Cash-out Facility.

DISPUTE RESOLUTION

24. The parties agree that any dispute arising from this Agreement 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 clause 30 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.

CONFIDENTIALITY AND DATA PROTECTION

25. Safelypay hereby undertakes to comply with the confidentiality and data protection provisions set out in our Privacy Policy on our platforms.

26. Customer accepts that their Safelypay profile information will be shared amongst the entire Safelypay Network Of Stores whenever necessary, for better servicing you as our customer and for promotion of deals, “specials” or otherwise known as “sale” deals, and to some extent, new products or services within the Safelypay Network Of Stores, that may be deemed to be suitable for you.

27. Customer acknowledges and understands that Safelypay has taken all necessary precautions and safety measures for customer personal information protection with our Partner Stores, such that if any ‘mishandle’ of such customer information occur at Partner Store level beyond our security measure parameters would be out of our control, and therefore Safelypay shall not be liable of any loss or damages to customer.

GENERAL

28. While Safelypay Marketing™ employs technologies and transaction systems that are sufficiently secure regarding local and international standards; the Customer is required to actively protect their Safelypay Loyalty Card and must not share their Loyalty Account information with anyone unless required by law enforcement for any investigation. For your records, Safelypay Marketing™ uses licensed or expert suppliers for the parts we do not do directly.

29. Safelypay Marketing™ guarantees all the balances that are reflected under customer profiles on our Loyalty POS system, if encountering a problem with any Partner Store, please contact us via mail at csupport@safelypaystore.com,   

30. The parties choose as their domicilia citandi et executandi, for all purposes under this Agreement, the addresses set out in the Customer Details Section of this Agreement in respect of the Customer, and in respect of Safelypay Marketing™, the addresses specified at www.safelypaymarketing.co.za.

31. This Agreement shall be governed by the laws of the Republic of South Africa.

32. This Agreement, together with any annexes attached to it (as amended), constitute the whole agreement between the parties and no consensual cancellation, waiver, relaxation or suspension of any of the provisions hereof shall be binding unless reduced to writing and signed by the parties. Any relaxation or indulgence granted by one party to the other will not prevent the first party from exercising its rights under this Agreement at a later stage. Notwithstanding the contents of this clause, Safelypay Marketing™ reserves its right to amend the terms and conditions of this Agreement on prior written notice to the Customer. Safelypay Marketing™ (Pty) Ltd Company Reg. Number: 2022/681123/07 – Tax Number: 9172884265

33. If any of the provisions of this Agreement are held to be invalid, unlawful or unenforceable, these provisions will be severable from the remaining provisions. For the avoidance of doubt, the remaining provisions will continue to be valid and enforceable.

34. If a party successfully enforces or defends its rights in terms of this Agreement, that party shall be entitled to recover from the other party its legal fees on the party and party scale, including fees of counsel on brief, tracing agent’s fees and collection charges.

35. The Customer may not cede its rights nor assign its obligations under this Agreement without the prior written consent of Safelypay Marketing™. Safelypay Marketing™ shall be entitled to cede its rights or assign its obligations under this Agreement without requiring the written consent of the Customer if such cession or assignment does not prejudice the Customer. Should such cession and/or assignment take place, such cessionary shall also be entitled to enforce its rights hereunder against the Customer in respect of the services that it provides to the Customer.

36. To give effect to this Agreement, the parties undertake to do all things, perform all commercially reasonable acts and take all steps to procure its performance under this Agreement.

37. During the term of this Agreement, the parties shall act in good faith in the performance of their respective obligations.

 38. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and which together shall constitute one and the same agreement, and may be circulated for signature through electronic communication, and all signatures so obtained, transmitted and delivered shall be deemed for all purposes under this Agreement to be original signatures.

39. By submitting this Agreement (Customer Details Section, The ‘Form’), the Customer acknowledges that this document is digital/electronic and is signed online by clicking the “submit” button.

40. The persons signing this Agreement in a representative capacity warrant their authority to do so. The parties record that it is not required that a party shall initial the pages of this Agreement physically and/or have physically signed this Agreement to be valid and enforceable.

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