LoyaltyPay Wallet application user Terms and Conditions
Version 22 September 2024
These terms and conditions form a binding agreement between Matador Digital (Pty) Ltd (‘Matador’, ‘we’, ‘us’ or ‘our’), and any person who uses or registers on our LoyaltyPay Wallet application (“LoyaltyPay app”). By accessing the LoyaltyPay app, you confirm that you accept and agree with these terms and conditions.
Preamble
Matador (as the developer and provider of the LoyaltyPay app technology and platform) is responsible for operating and administering the infrastructure and functionality, processing and recording of transactions and shopping data within the LoyaltyPay app and allocation of benefits to registered Members.
A Important notice
- These terms and conditions apply to registered LoyaltyPay app users who are also known as consumers in the Consumer Protection Act (CPA), 68 of 2008.
- These terms and conditions contain rules that appear in similar text and style to this clause and which:
- may decrease the risk or loss to Matador or a third party; and/or
- may increase the risk of loss for the registered user; and/or
- serves as an acceptance by the registered user of a fact.
- If you do not understand any part of these terms and conditions, it is your responsibility as the registered user to ask Matador at _____________________ (insert e-mail address) to explain it to you before you accept these terms and conditions or continue using the LoyaltyPay app.
- There is nothing in the terms and conditions that intends to unlawfully restrict, limit or avoid any right or obligation for you or Matador in terms of the CPA.
You agree to the following:
1 Registration and use of the LoyaltyPay app
1.1 Only users who have successfully registered for the LoyaltyPay app, may use the LoyaltyPay app to transact, order and purchase products, services and/or eVouchers and receive benefits.
1.2 If and where necessary, the basic required information will be submitted to a participating retailer and/or the participating community you have signed up through to enable Matador, the participating retailer and/or your community with the necessary data to assign and distribute benefits or incentives to you.)
1.3 You will not share your account username, password (login details) and 5 digit PIN (created when you registered for the LoyaltyPay app) with anyone.
1.4 For security purposes you will enter the correct login details and PIN whenever purchasing products, services and/or eVouchers failing which you will be denied access.
1.5 You will be responsible for payment on a purchase once your correct login details have been entered and a purchase have been confirmed by entering your 5 digit PIN code, whether you or someone else used your login details and PIN, unless you cancel the purchase in accordance with these terms and conditions.
1.6 You will let us know immediately if you become aware that your login details have been used without your authorisation by contacting us at _____________________ or on ___________________. You will also take steps to prevent or limit any resulting loss or harm.
1.7 You are at least 18 years old and do not need a guardian or parent to sign for you. If you are under 18 or cannot sign your legal documents, you will use the app only under the supervision of your parent or legal guardian, who will then be responsible for everything you agree to in these terms and conditions.
1.8 You will not tamper with the app in any way and will not copy, distribute or change the app. If you want to make a change to the app or to distribute any part of it, you will first get written consent from us before taking any action.
1.9. You will not use the app to send out any material that is defamatory, offensive or unlawful or contains hate speech.
1.10 You will first get written consent from us if you plan to display, publish, copy, print or post any of the information on the app.
2 Conclusion of sales and availability of stock
2.1 Only users who have successfully registered for the LoyaltyPay app, either through Matador (us) directly or through one of our participating retailers or communities, are allowed to purchase products, services and/or eVouchers through the LoyaltyPay app, which may be accepted or rejected based on:
2.1.1 availability of products, services and/or eVouchers;
2.1.2 the accuracy of the description of the products, services and/or eVouchers; and
2.1.3 successful processing of the transaction by the payment services provider;
2.2 Acceptance of your purchase will be indicated upon receipt of payment confirmation for the products, services and/or eVouchers and at this point an agreement of sale between you and Matador or a third-party seller, depending on the transaction, will come into effect (sale). Where applicable, we or the third-party seller may reject your order by cancelling it and, as soon as possible thereafter, refund you for any amount already paid.
2.3 Stock of all products, services and/or eVouchers on offer is limited and prices may change at any time without notice to you. Prices cannot change once you have made a successful purchase. We will take reasonable steps to ensure that stock levels are monitored and that products, services and/or eVouchers that are out of stock are removed from the LoyaltyPay app. We cannot guarantee stock availability. If products, services and/or eVouchers are no longer available after you have placed an order, we will notify you.
2.4 eVouchers are available only in denominations as displayed on the LoyaltyPay app.
3 Payment
3.1 You can make payment for products, services and/or eVouchers only by using a LoyaltyPay app, unless otherwise stated.
4 LoyaltyPay Wallet app
4.1 You can have only one LoyaltyPay app profile.
4.2 To perform any transaction through your LoyaltyPay Wallet you will need your PIN, which you have created when you have registered for the LoyaltyPay App.
4.3 You must keep your PIN secret and not share it with anyone. We will not be liable if you give your PIN to anyone.
4.4 LoyaltyPay app transactions will be authorised using your PIN and, unless we receive notice from you not to, we will accept all authorised transactions, even if such transactions are actually made without your authorisation.
4.5 You will be able to use your LoyaltyPay app for the options listed within the app.
4.6 We reserve the right to reject a transaction in certain circumstances.
4.7 If a transaction cannot be completed, you will receive an error message.
4.8 We can impose fees for applicable transactions.
4.9 Fees include applicable taxes.
4.10 A transaction history of the past 5 transactions are available on the dashboard of your LoyaltyPay app.
4.11 No interest will be paid on credit funds in a LoyaltyPay Wallet.
4.12 The information you provide to us about yourself must be accurate. You must update your information immediately within the LoyaltyPay app (in your profile under “Update Personal Information) if your details change.
4.13 You must not use your LoyaltyPay app to commit any offence.
4.14 We can suspend, restrict or terminate your LoyaltyPay app, especially, if:
4.14.1 your LoyaltyPay app profile is used in an unauthorised, unlawful, improper or fraudulent manner or for criminal activities;
4.14.2 you do not comply with these terms and conditions.
4.15 We may be forced by law to freeze your LoyaltyPay app or to reject a transaction if it is reasonably suspected that your LoyaltyPay app has been, is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.
4.16 When downloading the LoyaltyPay app from the relevant app store it will be linked to your device via its unique device identifier for security purposes. If you lose or change your mobile device you will be required to remove your old device within the LoyaltyPay app and add your new device after you have downloaded the app on your new device.
5 eVouchers (Eletronic Vouchers or Codes and Digital Stamps)
5.1 Electronic Vouchers or Codes with a monetary value:
5.1.1 eVouchers are valid for a period of three years from date of voucher issue;
5.1.2 eVouchers can only be redeemed at the issuing third-party under the conditions imposed by that specific issuing third party;
5.1.3 eVouchers cannot be exchanged for cash or credit notes and cannot be returned;
5.1.4 Should the eVoucher or any device on which it is stored be exposed, provided to anyone other than yourself or is lost or stolen and such eVoucher is used then neither Matador or the issuing third-party will be liable for any reimbursement of any nature.
5.2 Digital Stamps
Where applicable Digital Stamps offered by a third-party may comprise of a form of currency within a closed loop system and it remains the responsibility of the user to read and understand the terms and conditions related to any Digital Stamps offering as provided for by such third party. UNDER NO CIRCUMSTANCES WILL MATADOR BE RESPONSIBLE FOR ANY KIND OF CLAIM, LOSS OR DAMAGE THAT HAS TO DO WITH THE PURCHASE OF DIGITAL STAMPS THROUGH THE LOYALTYPAY APP AND THE USE OF SUCH DIGITAL STAMPS AT PARTICIPATING THIRD PARTIES (WHETHER IN CONTRACT, DELICT OR STATUTE (INCLUDING FOR NEGLIGENCE)). YOU PURCHASE AND USE DIGITAL STAMPS AT YOUR OWN RISK AND YOU AGREE TO PAY FOR ANY SUCH CLAIM, LOSS AND/OR DAMAGE, EXCEPT AS NOT ALLOWED UNDER LAW.
6 Disputes and complaints
6.1 It is our responsibility to make sure that you, as a LoyaltyPay app user, have a safe and consistent user experience. We therefore want to hear if you have any queries or complaints.
6.2 If you have a query or complaint, you may contact the LoyaltyPay Support Team by:
- phoning ________________; or
- sending an email to ______________ (remember to always include your name and
contact details).
Always ensure you receive a reference number for your query. We are committed to providing a world-class service. We undertake to investigate your query or complaint and provide the appropriate resolution, all while keeping you in the loop.
- If your query or complaint relates to a product, services or eVouchers purchased through the LoyaltyPay app, it is recommended that you first refer the matter to the entity that the complaint is being laid against by contacting the supplier’s customer care line or department directly. And if you are still not satisfied with the outcome, you can approach the National Consumer Commission (NCC) or the Consumer Goods and Services Ombudsman (CGSO) for further assistance.
The NCC’s contact details are as follows:
Website: www.thencc.gov.za Contact centre: 012 428 7000 Email: Complaints@thencc.org.za
Disputes
The CGSO’s contact details are as follows: Website: www.cgso.org.za
Contact centre: 0860 000 272
Email: info@cgso.org.za
7 Errors
7.1 We will take all reasonable steps to reflect the description, availability and purchase price of products, services and/or eVouchers sold on the LoyaltyPay app accurately. We are not liable for any loss or expense relating to a transaction due to any unintentional errors on the LoyaltyPay app that are not due to our gross negligence or wilful misconduct.
7.2 We will not be bound by any incorrect information regarding our LoyaltyPay app or products displayed on any third-party apps.
7.3 We reserve the right to correct at any stage all errors and omissions of the advertised prices of products, services, eVouchers and any additional fees.
8 Fees, Charges and Transactional Limits
8.1 You may be charged for transactions across bank accounts.
8.2 Data charges when using the application may apply.
9 Personal Information and Privacy
9.1 Privacy
We take your privacy and the security of your personal information seriously. You can find out more about this in our Privacy Policy, which can be viewed within the app or on our website at _____________________________.
9.2 Personal Information (and third-parties we use as service providers)
9.2.1 Personal Information consists of the information that you disclose to us during your relationship with us. It includes information from your transactions and instructions, details and analysis of your application for and use of the LoyaltyPay app and other information we get through providing you with the LoyaltyPay app.
9.2.2 You agree that we may collect your Personal Information from you for the purposes set out below:
- i) to register and maintain your LoyaltyPay app, verify and update your details, and verify that you qualify to have a LoyaltyPay app;
- ii) to enable, process and record the transactions through the LoyaltyPay app as described in these terms;
iii) to provide only the required information about you and your transactions through the LoyaltyPay app to third-party service providers, the participating retailers and communities in order for the relevant party to allocate and distribute your benefits to you based on your transactions through the LoyaltyPay app;
- iv) to get information that does not identify you, but that tells us more information about what products you buy and about your product history and related information, and you agree that we may share this information with our business partners and affiliates;
- if your express consent has been obtained, to inform you about products, services and benefits that we offer and give you the opportunity to make use of them, as far as we are lawfully permitted to do so; and
- to deliver and improve our products and services to you.
- We will only retain your Personal Information for as long as required by law or by business requirements.
9.2.3 For the purposes of these Terms and Conditions, Process and its derivatives means any operation or activity, automated or not, concerning Personal Information, including: alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification or the use of the information.
9.2.4 You are solely responsible for keeping your profile information in the LoyaltyPay app complete, accurate and up to date. Please update your profile immediately if anything changes. You can do this from your mobile phone via the app.
9.2.5 YOU WARRANT THAT ALL INFORMATION YOU PROVIDE TO US IS TRUE, ACCURATE, COMPLETE AND UP TO DATE AND THAT WE WILL NOT BE LIABLE FOR LOSSES DUE TO THE FACT THAT ANY SUCH INFORMATION IS FALSE, INCORRECT, INCOMPLETE OR NOT UP TO DATE.
9.3 Disclaimer
Your hereby expressly consent that the following information may be shared with participating retailers and/or the relevant community, where applicable, in order to enable the relevant party to process your benefit and/or incentive on transactions where applicable:
9.3.1 —
9.3.2 —
10 Changes to these terms and conditions
10.1 We may, at our sole discretion and at any time, change these terms and conditions. It is your responsibility to check these terms and conditions. If you are not satisfied with the new changes, you must not continue to use the app.
10.2 Any changes will apply only after the change to the terms and conditions is published on the app. If you continue to use the app after we have changed these terms and conditions, we will assume that you have accepted these the changes.
11 Electronic communications
11.1 When you launch the app or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our Privacy Policy as stated in clause 9 above.
11.2 You will receive direct marketing only if you have agreed to this.
12 Ownership and Copyright
12.1 The app content – including any material, information, data, software, icons, text, graphics, layout, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks that are displayed on or incorporated in this app – is protected by law, including, but not limited to, copyright and trademark law. The app content is our property and/or that of our advertisers and/or sponsors and/or is licensed to us.
12.2 You will not acquire any right to the app or the app content.
12.3 You may not use, distribute or reproduce the app content unless this is expressly authorised in terms of these terms and conditions or otherwise provided for in law. To obtain permissions for the commercial use of any app content contact us at _____________e-mail address. We will try to answer as soon as possible. If we do not respond in writing in five business days, we have not agreed to your request.
12.4 If any of the app content has been licensed to us or belongs to any third party, your rights to use it will need to be in line with any terms and conditions set out by the licenser or third party. You agree to comply with those third-party terms and conditions.
13 Linking to third-party apps and platforms
13.1 The app may contain links or references to other apps and platforms, including those of advertisers (third- party apps and platforms), which we have no control over. These terms and conditions do not apply to third-party apps and platforms. We are also not responsible for the practices and privacy policies or cookies used by the third-party apps and platforms.
13.2 Though the app may provide links to third-party apps and platforms, we are not liable for any expense, claims, damage or loss resulting from your use of any third-party apps and platforms or your reliance on any information you receive from them.
14 Limitation of liability
14.1 We cannot be held liable for any inaccurate information published on the app and/or any incorrect prices displayed on the app, except where such liability arises from our incompetent or wilful misconduct or that of our employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors at __________________ (insert e-mail address).
14.2 We will not be liable for any direct, indirect, incidental, special or consequential loss or damage that might arise from your use of or reliance on the app or app content or from your inability to use the app, and/or unlawful activity on the app and/or any linked third-party app or platform.
14.3 You hereby indemnify us against any loss, claim or damage that you may suffer, or any third party may suffer arising in any way from your use of this app and/or any linked third-party app or platform.
15 Availability and termination
15.1 We will make reasonable endeavours to ensure the app is always available, except during scheduled maintenance periods, and are entitled to discontinue providing the app or any part of it with or without notice to you.
15.2 We may terminate, suspend or modify this app at any time, with or without notice to you. You agree that we will not be liable to you in the event that we suspend, modify or terminate this app, other than for processing any orders you made before such time to the extent possible.
15.3 If you fail to comply with your obligations under these terms and conditions, including any incident involving payment of the price of an order for any goods and/or services, we may (at our sole discretion and with or without notice to you) suspend and/or terminate your access to the app without any prejudice to any claims for damages or otherwise that we may have against you.
15.4 We are entitled – for purposes of preventing suspected fraud and/or where we suspect that you are abusing the app and/or have created multiple user profiles to take advantage of a promotion or a coupon that you are allowed to use only once-off – to blacklist you on our database (including suspending or terminating your access to the app), refuse to accept or process payment on any order, and/or cancel any order concluded between you and us or a third-party, in whole or in part, with or without notice to you. We will be liable only to refund monies you have already paid and we accept no other liability that may arise as a result of this blacklisting and/or refusal to process any order.
16 Governing law and jurisdiction
16.1 These terms and conditions and our relationship and/or any dispute arising from or in connection with these terms and conditions are governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the app will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other arising from any of these terms and conditions.
16.2 Nothing in this clause or these terms and conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
17 Notices
17.1 We hereby choose_______________ physical address, as our legal address for the service of all formal notices and legal processes in connection with these terms and conditions. Please address all correspondence to our Chief Operations Officer.
17.2 We may change this address from time to time by updating these terms and conditions.
17.3 You hereby choose the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving us not less than seven days’ notice in writing.
17.4 Notices must be sent either by hand, prepaid registered post, fax or email and must be in English. All notices sent:
17.4.1 by hand will be deemed to have been received on the date of delivery;
17.4.2 by prepaid registered post will be deemed to have been received 10 days after the date of posting; and
17.4.3 by email will be deemed to have been received on the date indicated in the read receipt notification. All email communications between you and us must make use of the read receipt function so this serves as proof that an email has been received.
18 Information for the purposes of the ECTA
18.1 For the purposes of the ECTA our business information is as follows and should be read in conjunction with our product descriptions and other terms and conditions contained on the app:
18.1.1 Main business –/eCommerce?.
18.1.2 Physical address for receipt of legal service –
18.1.3 Email address –.
19 General
19.1 We may – at our sole discretion and at any time, for any reason and without prior written notice – suspend or terminate the operation of the app or your right to use the app or any app content, on condition that we process any orders or purchases you had made already by then to the extent possible.
19.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions to any third party.
19.3 Any failure by you or us to enforce any right under these terms and conditions will not constitute a waiver of that right.
19.4 No indulgence, extension of time, relaxation or latitude that any party (the ‘grantor’) may allow to the other (the ‘grantee’) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of their rights against the grantee that may have arisen in the past or that might arise in the future.
19.5 If any provision in these terms and conditions is declared invalid, the remaining terms and conditions will remain in full force and effect.
19.6 These terms and conditions, including any amendments hereto as may be displayed on the app, constitute the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document.
