Your access to and continued use of EasyPay (Pty) Ltd (“Easypay” or "we") website at the domain name www.easypay.co.za and / or https://new.easypay.co.za (the "Site") constitutes your acceptance of the following provisions.
If you have not already done so, please familiarise yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue your use of this Site.

These terms and conditions were last revised on: : 1 February 2023

1. GENERAL DISCLAIMER EasyPay reserves the right to amend these terms and conditions at any time.

Changes to these terms and conditions will become effective on the date on which they are posted on the Site. It is your responsibility to periodically check the Site for changes and updates.

Your continued use of the Site following the posting of changes or updates implies your acceptance to abide by and be bound by these terms and conditions, including such changes or updates.

2. GRANT OF LIMITED LICENCE

EasyPay either owns the intellectual property rights, or has acquired the necessary licences, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, on the Site and the selection and arrangement of the contents of the Site (collectively the “Information”).

Irrespective of the existence of any copyright or other intellectual property, you acknowledge, by using the Site and our services, that EasyPay and/or the owners of the content (as the case may be) are the proprietors of all the Site content, whether it constitutes confidential information or not, and that you have no right, title, or interest in any such material.

EasyPay grants you a limited, revocable license to use this Site subject to these terms and conditions. The license is a personal, non-transferable, non-sub-licensable, revocable license to access and use the Site only as expressly permitted in these terms and conditions. Except for this limited license, we do not grant you any other rights or license with respect to this Website.

To the full extent permitted by applicable law, EasyPay will not be responsible for any consequences resulting from such use, save in the event of our gross negligence. Any other use of the Information is prohibited, unless otherwise agreed by EasyPay in writing.

You may not use any meta tags or any other “hidden text” utilising EasyPay's name, logos, or trademarks without the express written consent of EasyPay.

3. THIRD-PARTY SOFTWARE

Software may be made available for download on or via the Site. If this is the case, then such software may be governed by license conditions imposed by the licensor of such software. Any licence conditions will constitute a legal agreement between you and such licensor, to which we will not be a party, and you hereby acknowledge that your sole recourse will be against the licensor of such software. EasyPay gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.

4. SECURITY

While EasyPay makes every effort to ensure the privacy and security of the Site, and that any material available on the Site is free of any virus, it cannot guarantee that the material is free from any or all viruses. EasyPay is not responsible for any loss or damage howsoever caused by the material and potentially malicious code contained therein.

You are responsible for ensuring that your computer systems are suitable to access and use this Site. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

EasyPay will not be responsible for any damages that you or any third party may suffer as a result of the transmission of confidential information that you make to EasyPay through the Internet, or that you expressly or implicitly authorise EasyPay to make, or for any errors or changes made to any transmitted information, save in the event of gross negligence on the part of EasyPay.

EasyPay is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data.

5. PRIVACY

Any personal information we collect and/or retain through our Site and through the registration process is subject to the terms of our Privacy Policy currently in force.

6. RESTRICTIONS ON USE OF THE SITE

Framing. No one may frame this Site or any of the pages on this Site or use any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site.

Linking. We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of EasyPay, or which would suggest that you are the owner of any intellectual property belonging to EasyPay.

Spiders and Crawlers. No one may use any technology (including spiders or crawlers) to search and gain any information from this Site.

You specifically may not:

• copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever;
• modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
• reverse engineer any part of this Site;
• use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• disguise the information transmitted through the Site;
• sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
• use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by us other Site users;
• upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Website, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
• use the Site to transmit material, which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of a duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
• use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that impose an unreasonable load on our equipment; or
• disguise the origin of the information transmitted through the Site.

Age. To use the Site, you must be 18 years of age or older and you must have the legal capacity to conclude binding contracts. By using the Site, you warrant that you are 18 years of age or older and that you have the legal capacity to use the Site.

7. NO SOLICITATION

No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.

8. NO ENDORSEMENT

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than EasyPay, and EasyPay does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, EasyPay is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

A link to another site should not be construed to mean that EasyPay is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

The mention of another party or its product or service on the Site should not be construed as an endorsement by EasyPay of that party or its product or service.

9. NO WARRANTIES OR ADVICE

All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by EasyPay and the information owners and providers.

No warranty, whether express or implied, is given that any files, downloads or applications available via the Site is free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.

The Information on the Site including, but not limited to, newsletters, articles, opinions and views, is provided for information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information on the Site without seeking the advice of a professional. EasyPay is not responsible for any content or information that you may find undesirable or objectionable.

10. TERMINATION, SUSPENSION AND LIMITATION

EasyPay, its affiliates, and/or subsidiaries hereby reserve the right to refuse service, terminate accounts, and remove or edit content on the Site, in their sole discretion and specifically reserve the right to modify, suspend or discontinue or restrict your access to:

• any of the products or services offered on the Site; and/or
• any portion of the Site or the Site in its entirety,

whether temporarily or permanently, and without notice to you.

For the avoidance of doubt, any unauthorised use of the Site by you shall terminate the license provided to use the Site and/or the services offered on the Site.

11. NO LIABILITY

Although EasyPay has taken reasonable care to ensure that the content on the Site is accurate, we make no warranty or representation as to the availability, accuracy, or completeness of the content on the Site, and you acknowledge that the Site and all content on the Site, including any current or future offer of products or services, are provided on an “as is” basis.

Use of the Site is entirely at your own risk. You assume full responsibility for any direct or indirect, special, consequential or other loss or damage of any kind whatsoever suffered, incurred or resulting howsoever arising, and including from your use of the Site (or any third-party link) and your reliance on any of the content or a part/s thereof, contained on the Site, even if EasyPay is expressly advised thereof.

Specifically, it is your responsibility to ensure that any products or services, as well as information available through the Site, meet your particular requirements.

To the full extent permitted by applicable law, EasyPay will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action, save in the event of gross negligence on the part of EasyPay.

12. INDEMNITY

You hereby unconditionally and irrevocably indemnify us and hold us harmless against any and all losses, liabilities, proceedings, costs, and/or damages of all and every kind, howsoever arising (and including, for the avoidance of doubt, direct, indirect, special or consequential damages), including in relation to:

• any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Site (whether directly or otherwise) and whether as a result of our negligence or otherwise; or
• any breach of these terms and conditions by you.

13. TRADEMARKS

Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of EasyPay or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by EasyPay or other entities for use thereof.

14. COMPLIANCE WITH LAW

You warrant that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

15. CHOICE OF LAW

The laws of the Republic of South Africa shall govern as to the interpretation, validity and effect of this agreement and the use of the Site notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.

16. SUBMISSIONS

Save for the provisions below, all information submitted to EasyPay via the Site shall be deemed to be, and shall remain, the property of EasyPay. EasyPay shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to EasyPay through the Site or sent through email.

EasyPay shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by EasyPay or required by law. You agree that any information submitted for inclusion on the Site does not infringe on the intellectual property or other rights of any third parties and you grant EasyPay a right to provide access to the information from the Site.

You warrant that any software submitted to EasyPay shall be free of computer viruses. You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.

17. LIMITATIONS

Geographic limitations. EasyPay's services are available to certain South African entities’ only.

Ceilings: Due to varying credit card levies imposed by the banking and credit card industry, EasyPay may enforce payment ceilings.

18. PAYMENT ERRORS

EasyPay accepts no responsibility should you be debited more than once as a result of you clicking more than once.

Should you pay an incorrect amount or entity using to the Site, EasyPay has no obligation whatsoever to rectify this error, or to assist you in any way in rectifying such error, save in the event of gross negligence on the part of EasyPay

19. GENERAL

Variation. No addition to or modification of any provision of these terms and conditions by you will be binding on us, unless made in writing and signed by our duly authorised representatives.

Whole Agreement. This is the whole agreement between the parties with regards to the subject matter.

Cession, Assignment and Delegation. We shall be entitled to cede, assign and delegate all or any of our rights and obligations in terms of these terms and conditions.

Force Majeure. Should we be prevented from fulfilling any of our obligations to you as a result of any event of force majeure, where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including, but not limited to lightning, fire, flood, extremely severe weather, pandemic, strike, lock-out, labour dispute, act of God, war (whether declared or not), riot, civil commotion, military operations, explosion, malicious damage, failure of any telecommunications, power grids or computer systems, compliance with any law or requirement of any government or other competent local authority, accident (or by any damage caused by any of such events), we shall not be liable for any breach of our obligations, and such obligations shall be suspended until such force majeure has passed, or until we have given you 10 (ten) days’ written notice of the termination of such obligations.

Severability. If any of the terms and conditions are held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the terms and conditions, which will continue to be of full force and effect.

No Waiver. No delay, neglect or forbearance on the part of EasyPay in enforcing any of its rights under these terms and conditions will be, or be deemed to be, a waiver of, and will not prejudice, any right of EasyPay.