WebCash

WebCash Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on December 9, 2010.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY USING THE WEBCASH WEBSITE (THE "SITE") AND THE PAYMENTS PROCESSING SERVICE OFFERED BY IT (THE "SERVICE"), YOU (THE "USER") ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.webcash.co.za. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

General
1. This terms of use agreement may be changed without notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms of use agreement and its terms and conditions.
2. This terms of use agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with WebCash for products, services or otherwise.
3. No failure or delay by WebCash to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this terms of use agreement or prejudice our right to take subsequent action against the User.

Licenses and Site Access
1. WebCash grants you a limited license to make use of the Site. Such grant does not include, without limitation: (a) any resale of the Site or content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WebCash or any third party.

Proprietary Rights
1. All material, including software, remain the property of WebCash
2. It is an express term of this agreement that the Merchant shall in no way make or allow to be made any copy of any software or documentation that WebCash makes or may make available to the Merchant without the prior written consent of WebCash.
3. The proprietary right to and copyright, patent law, trade secrets or other protection whatsoever to which Webcash may be entitled relating to all programs, documents and material that Webcash makes available to the Merchant in order to fulfil this agreement will, at all times and under all circumstances, remain vested in Webcash.

Linking
1. You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray WebCash or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a WebCash logo or other proprietary graphic or trademark of WebCash to link to this Site without the express written permission of WebCash. This limited right may be revoked at any time.
2. WebCash makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of WebCash and WebCash is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by WebCash of the site or any information contained therein. When leaving the WebCash site, you should be aware that WebCash's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct
1. You agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.
2. In using this Site, and any of the services it offers, you agree:
  1. Not to use the website in such a way that is in violation of any applicable law or regulation;
  2. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
  3. Not to violate, or attempt to violate the security of WebCash. Violations of system or network security may result in civil or criminal liability. WebCash will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  4. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
  5. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  6. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

Indemnification
1. You shall remain solely liable for the content of any messages or other information you upload or transmit to WebCash. You agree to indemnify and hold harmless WebCash from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this terms of use agreement, or your violation of any rights of a third party.

Email Disclaimer
1. The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a legal member of WebCash is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.
2. Internet communications cannot be guaranteed to be secure or error-free. Neither WebCash nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will WebCash or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.
3. No employee is authorised to conclude a binding agreement on behalf of WebCash by email without the express written confirmation of a director of WebCash. Nothing contained in said email shall be construed as a legally binding agreement or an offer to contract.

Acceptance of Funds
1. By registering with WebCash, you appoint WebCash as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. WebCash will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.
2. You acknowledge that:
  1. WebCash is not a bank and the Service you are provided with is a payment processing service rather than a banking service
  2. WebCash is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
3. WebCash reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.
4. WebCash shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
5. WebCash shall not be obligated to pay a User for any Payments for which WebCash has not been fully paid by the Sender's credit card issuer or bank, as applicable.
6. WebCash reserves the right to require Users who receive payments through the Service and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their WebCash account or entering into an additional agreement addressing such risks, which may include higher fees.

Credit Cards
1. WebCash faciliates credit card payments through the purchase of a non-redeemable voucher from WebCash which is in turn redeemed to a User (receiver) through the WebCash system against a purchase of goods or services.
2. WebCash reserves the right to charge the purchaser, an issuing fee per voucher for issuing and maintaining the voucher details on its systems.
3. WebCash is entitled to, at any time, claim back funds from a User which were deemed, or shown to be, the result of a fraudulent transaction. The User gives WebCash the right to debit the funds directly from their WebCash account or by debiting their designated bank account directly, should the funds in their WebCash account be insufficient.

Imposed Limits and Delays
1. WebCash reserves the right to impose an upper limit on the amount of a single transaction which will be accepted through the Service.
2. WebCash reserves the right to impose certain limits with regards to the flow of funds in the system including, but not limited to: funds received and funds withdrawn. Details of what these limits are will be available on the Site.
3. WebCash reserves the right to delay the withdrawal of funds in the system based on when the funds were received by the User.
4. WebCash reserves the right to freeze or suspend any account in the system for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.

Prohibited Transactions
1. You agree that you will only use the Service to accept payments for goods or services where payment is due and for which there exists an invoice which can be presented to WebCash upon request.
2. You agree not to impersonate a WebCash User or a WebCash representative, or to request that a WebCash customer provide you with their password or other information to access their account.
3. You agree that you will not use the Service to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties.
4. You will not use the Service, the WebCash website or any of the services offered therein for any unlawful or fraudulent activity. If WebCash has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.
5. You agree not to use the Service to sell securities, business opportunities, franchises, multi-level marketing, or for the pre-order of goods or in respect of or in association with money laundering or any activity that constitutes a crime or contravenes any law.
6. In addition, you agree not to use the Service to receive payments for any sexually oriented or obscene materials or services; to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity; to receive payments for airtime, phone cards or PIN, VoIP, SMS, SMS credits, WiFi access or subscription and any telecommunication products; to receive payments for any narcotics, other controlled substances, steroids or prescription; to receive payments for jewellery, precious stones, gems, gold, platinum, silver and minerals; to receive payments for tobacco or liquor;
7. You will cooperate fully with WebCash to investigate any suspected unlawful, fraudulent or improper activity.

Payouts
1. In order to withdraw funds (the proceeds of payments due to you) that WebCash is holding in custody for you, you are required to make a payout request on the WebCash website. The funds will then be transferred electronically to your designated bank account (South African banks only).
2. WebCash may enter into a separate agreement with you to automate the Payout of funds from your account on a scheduled basis on terms acceptable to both you and WebCash.
3. Each Payout may incur a fee as specified on your Account page.
4. WebCash will not be held responsible for incorrect banking details being provided by the User which may or may not lead to funds held in custody being transferred to the incorrect party. It is the User's responsibility to ensure the accuracy of the provided banking details.

No Surcharges
1. Under Visa and MasterCard regulations, merchants may not charge a fee to the buyer for accepting credit card payments (often called a "surcharge"). You agree that you will not impose a surcharge or any other fee in using the Service provided by WebCash for the acceptance of funds through any means including, but not limited to, the acceptance of credit cards. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through the Service may not be higher than the handling fee for transactions paid through other payment methods).

Deposits and Balances
1. You acknowledge that WebCash does not hold a deposit-taking license (a banking license) and cannot hold funds on your behalf which are not the proceeds of payments due to you from the sale of goods or services which WebCash processed on your behalf.
2. You acknowledge that if funds are present in your WebCash account which are not the proceeds of payments due to you from the sale of goods or services, that WebCash will endevour to return these funds to you after a period of 48 hours after those funds came to be in your account.

Security
1. WebCash makes every effort to ensure the security and integrity of your account and we make use of sophisticated systems to accomplish this. You understand however, that WebCash is unable to guarantee that data transmitted and is secure and/or will not be intercepted by third parties.
2. You understand that security still relies heavily on the use of a username and password and undertake to contact us at once if you believe your username and password have been compromised, or if someone has transferred or may transfer money from your account without your permission.

Fees
1. You understand that WebCash will charge fees for the use of any of the services it provides. These fees are available on the Site and may change from time to time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur now or in the future.

Disclaimer of Warranties
1. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEBCASH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY WEBCASH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
3. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
4. YOU ACKNOWLEDGE THAT WEBCASH DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING, WEBCASH AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
5. WEBCASH DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WEBCASH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY WEBCASH VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES WEBCASH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WEBCASH OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
6. You hereby indemnify Webcash, its officers and its employees and hold them harmless against all claims or action whatsoever in nature which may be instituted against Webcash in respect of loss and/or damages which may be incurred by you arising out of:-
  1. your utilisation of the service or any breach of these terms and conditions by you
  2. the entry or execution of any erroneous data or the erroneous execution thereof supplied by you to Webcash.
7. WEBCASH DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
8. ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND WEBCASH DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.

LIMITATION OF LIABILITY
1. Neither party shall be liable to the other for any indirect, special or consequential damages arising from this agreement, of whatever nature and regardless of how it arose, unless provision for such liability is expressly contained elsewhere in this agreement.

User's Liability to WebCash
1. In the event that WebCash takes action against you for breach of these terms of use, you agree to reimburse WebCash for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

Severability
1. All the provisions of this agreement shall be severable and no provision shall be affected by the invalidity of any other provision of this agreement.

Jurisdiction and Governing Law
1. This agreement shall be subject to the jurisdiction of the courts of the Republic of South Africa and shall be governed by and construed under and in accordance with the laws of the Republic of South Africa.
2. In the event of legal action being instituted by Webcash for any reason hereof, the Merchant hereby consents to the jurisdiction of the Magistrates Court in terms of Section 45 of Act 32 of 1944, as amended.

Termination
1. Notwithstanding any of these terms and conditions, WebCash reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Domicilium
1. WebCash chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Ref K.M. WebCash, 98 11TH Street, Parkmore , Sandton, RSA

Terms
1. The terms "The User" and "You" are used interchangeably and refer to all individuals and/or entities accessing this web site for any reason.
2. The terms "we" and "WebCash" are used interchangeably and refer to WebCash itself and all individuals and/or entities acting directly on behalf of WebCash.