Terms of Service
Legal
Last updated / October 21 / 2024
1. Overview of this Agreement
This QwicPay Services Agreement ("Agreement") is a legal agreement between QwicPay Pty Ltd (Registration Number: K2024202050) ("QwicPay", "us", or "we") and the entity or person ("Customer", "you", "your", or "user") who registered with QwicPay to access the QwicPay Instant Checkout platform, and receive related services offered by QwicPay and its affiliates (each, a "Service"). The QwicPay Instant Checkout platform is a service that allows you to checkout from one of the merchants utilising QwicPay as their checkout platform, using your QwicPay account. This Agreement outlines the terms and conditions that apply to your use of the Services. If you do not understand any of the terms of this Agreement, please contact us before using the Services. Before using the Services, you must register with QwicPay and create an account (a "QwicPay Account").
By creating a QwicPay Account or by accessing or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by this Agreement. You further acknowledge and agree that you have read and understand our Privacy Policy. If you do not agree to the terms and conditions of this Agreement, please do not access or use the Services.
We may amend or update the terms of this Agreement at any time, solely with prospective effect, or change, delete, discontinue, or impose conditions on the use of the Services by posting such changes on our website or any other website we maintain or own. It is your responsibility to regularly check for any updates to this Agreement. If you are an existing QwicPay user, the changes will come into effect on the date we specify in the notice, and your use of the Services after a change has taken effect constitutes your acceptance of the modified terms. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the "Last updated" date at the top of the Agreement.
2. Registration and Unauthorised Account Use
To access the Services, you must register for a QwicPay Account by creating a username, password, and providing other required information. You agree to provide accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you. You may also choose to sign up and/or log in to your QwicPay account using Continue with Apple or Google. By using these options, you authorize QwicPay to access your basic account information from Apple or Google to facilitate the registration and login process. You acknowledge and agree that your use of these services is subject to the terms and conditions of Apple or Google, and QwicPay will not be responsible for any issues that arise in connection with these third-party services.
You are responsible for notifying us at support@qwicpay.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information to confirm your identity and help ensure the security of your account. QwicPay will not be liable for any loss, damages, liability, expenses, or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and legal fees incurred by QwicPay or a third party due to someone else using your account. In the event that you lose access to your account or otherwise request information about your QwicPay Account, QwicPay reserves the right to request any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
3. Representative
You represent and warrant to QwicPay that you are an individual registering for a QwicPay account and that, if applicable, your Representative is authorized to provide the relevant information described in the account details on your behalf and to bind you to this Agreement. We may require you or your Representative to provide additional information or documentation demonstrating your Representative's authority. Without the express written consent of QwicPay, neither you nor your Representative may register or attempt to register for a QwicPay Account on behalf of a user QwicPay previously terminated from use of the Services.
If you are an individual or sole proprietor and not at least 18 years old, you must have a Representative. If you are an individual or sole proprietor and not at least 18 years old but are 13 years old or older, your Representative must be your parent or legal guardian. Any such parent or legal guardian will be responsible to QwicPay and legally bound by this Agreement as if they had agreed to the terms of this Agreement themselves. You may not use the QwicPay services if you are under 13 years old.
4. Verification and Risk Assessment
At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify your identity, validate the information you provided, or assess any associated risks. This additional information may include government-issued identification, proof of address, or other personal information. Your failure to provide this information or material may result in suspension or termination of your QwicPay Account.
You authorize QwicPay to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus, and you authorize and direct such third parties to compile and provide such information to us. This may include your name, addresses, credit history, and other data about you or your Representative. You acknowledge that we may use this information to verify any other information you provide to us and that any information we collect may affect our assessment of your overall risk to our business. You understand that, in some cases, this information may result in the suspension or termination of your QwicPay Account. QwicPay may periodically update this information as part of our risk analysis and account management procedures.
5. Disclosures and Notices; Electronic Signature Consent
By registering for a QwicPay Account, you agree that such registration constitutes your electronic signature, and you consent to the electronic provision of all disclosures and notices from QwicPay, including those required by law. You also agree that your electronic consent will have the same legal effect as a physical signature. You agree that QwicPay can provide notices regarding the Services to you through our website or platform, or by emailing notices to the email address identified in your QwicPay Account. Notices may include notifications about your QwicPay Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a notice has the same legal effect as if we provided you with a physical copy. We will consider a notice to have been received by you within 24 hours of the time a notice is either posted to our website or emailed to you.
You authorise us to provide notices to you via text message for the purpose of verifying your or your Representative's control over your QwicPay Account (such as through two-step verification), and to provide you with other critical information about your QwicPay Account and the Services. In the event of a suspected or actual fraud or security threat to your QwicPay Account, QwicPay may use SMS, email, or another secure procedure to contact you. Standard text or data charges may apply to such notices. Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of notices. However, if you do not wish to receive notices electronically, you must terminate your QwicPay Account.
6. QwicPay's Obligations, Services, and Account Support
QwicPay shall provide the Services to you in accordance with the terms of this Agreement.
QwicPay provides access to its checkout platform ("Services"), where you may store your personal information - including your name, surname, email, phone number, shipping address, billing address, and card information - to complete transactions at online stores using QwicPay as their checkout platform. By using QwicPay, you acknowledge that the services are provided without charge to you, and that QwicPay is not responsible for errors or issues arising from an order you place by mistake or your own fault.
When you place an order through the QwicPay platform, you are still placing an order with the online store ("merchant"). QwicPay only serves as a checkout platform to provide a more convenient checkout experience. The transaction and purchase are made with the online store, and QwicPay is not responsible for the products or services sold by the merchant. Any issues related to your order, including product fulfillment, should be addressed with the merchant directly. However, QwicPay will make reasonable efforts to assist in resolving such issues, but it is not obligated to do so.
QwicPay provides support for general issues related to your QwicPay Account and use of the Services. For the most efficient resolution of your questions, please review any relevant information provided through the QwicPay platform. If you still need assistance, please contact QwicPay support at support@qwicpay.com
7. Customer's Obligations and Acceptable Use
By accepting and using the Services, you represent and warrant that: (i) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (ii) the information you provide to QwicPay, including but not limited to your name, surname, email, phone number, shipping address, billing address, and card information, is accurate and complete.
You also agree to:
provide QwicPay with all necessary cooperation and information, including personal and payment details, required for QwicPay to provide the Services;
comply with all applicable laws and regulations while using the Services;
ensure that any person using the Services in relation to your account complies with this Agreement and acknowledge that you are responsible for any breaches of this Agreement by such persons;
ensure that all necessary consents, licenses, or permissions required to use QwicPay Services are obtained and maintained;
ensure that your network and systems meet the technical specifications provided by QwicPay from time to time;
take reasonable steps to prevent unauthorized access to or use of your QwicPay account and Services and promptly notify QwicPay at support@qwicpay.com of any such unauthorized access or use;
accept that QwicPay is not responsible for any issues arising from placing an order by your own fault;
acknowledge that if an order is not fulfilled after being placed through QwicPay, you must address this with the merchant directly. QwicPay will make reasonable efforts to assist in resolving such issues but assumes no liability;
acknowledge that, when placing an order through QwicPay, you accept the terms, privacy policy, and any other legal information of the merchant's online store.
You warrant and grant QwicPay the right to:
share your information with QwicPay's partners, including merchants, for purposes including, but not limited to, processing and fulfilling your order;
place an order with the merchant from which you purchased a product, after you have successfully placed the order through QwicPay and the payment has been processed successfully.
use your data for the training and improvement of artificial intelligence models and other technologies related to QwicPay;
update this Agreement from time to time. It is your responsibility to review this Agreement periodically, and your continued use of the Services constitutes your acceptance of the updated terms.
Except as expressly permitted by applicable law, you agree not to:
attempt to copy, modify, duplicate, or create derivative works from any part of the QwicPay platform;
reverse engineer, decompile, or disassemble any part of the QwicPay Services;
use the Services to build a competing platform or service;
license, sell, rent, transfer, assign, or otherwise exploit QwicPay Services for commercial purposes;
introduce or permit the introduction of viruses, malware, or vulnerabilities (defined in point 6 below) into QwicPay's network or systems;
use the Services for any unauthorized, fraudulent, or illegal purpose;
access, store, distribute, or transmit material that is harmful, unlawful, defamatory, or otherwise objectionable; or
use the Services to send unsolicited advertising or promotions, including spam.
QwicPay reserves the right, without liability or prejudice, to refuse, condition, or suspend access to the Services if it reasonably believes that your use violates this Agreement, applicable law, or exposes QwicPay or its partners to unacceptable risk. If QwicPay suspects or identifies fraudulent or illegal activity related to your account, it may share relevant information with financial institutions, regulatory authorities, or law enforcement agencies as required by law.
For the purposes of this Agreement: "Virus" refers to any software or code designed to disrupt, damage, or compromise a system or network. "Vulnerability" refers to a weakness in software or hardware that could negatively impact security, confidentiality, or functionality when exploited.
You agree to use the QwicPay Services only for lawful purposes and in compliance with this Agreement and all applicable laws and regulations. You must not use the Services in a way that could harm QwicPay, other users, or any third party, or interfere with the operation of the Services. You further agree to keep your Google account, Apple account, and/or QwicPay login credentials (email and password) secure and confidential. It is your sole responsibility to prevent unauthorized access to your QwicPay account. QwicPay is not responsible for any unauthorized access to your account resulting from your failure to adequately secure your login credentials or from your own negligence. You agree to notify QwicPay immediately at support@qwicpay.com if you suspect or become aware of any unauthorized access to your account. Failure to adhere to these obligations may result in the suspension or termination of your QwicPay account and Services.
8. Data Usage Overview
Protecting, securing, and maintaining the information processed and handled through the Services is one of QwicPay's top priorities, and it should be yours too. This section outlines the respective obligations of QwicPay and its users when handling and storing information connected with the Services.
The following terms in this section relate to data provided to QwicPay by you, or received or accessed by you through your use of the Services:
"Data Controller" refers to the entity that alone or jointly determines the purposes and means of processing personal data.
"Data Processor" refers to the entity that processes personal data on behalf of the Data Controller.
"Personal Data" means information that directly or indirectly identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.
"QwicPay Data" refers to details of transactions processed via QwicPay systems, information used in fraud detection and analysis, aggregated or anonymized information generated from Data, and any other information created by or originating from QwicPay or the Services.
"User Data" refers to all information provided to QwicPay you, such as name, surname, email address, phone number, shipping address, billing address, and card information.
The term "Data" used without a modifier encompasses all Personal Data, User Data, Payment Data, and QwicPay Data.
QwicPay is committed to upholding the security of all data processed through its platform and will take reasonable steps to ensure compliance with applicable data protection laws and best practices.
9. QwicPay as Data Controller
Protection of Personal Data is extremely important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard Personal Data as Data Controller, for example, to mitigate fraud, financial loss, or other harm to users and QwicPay. You acknowledge that QwicPay is the Data Controller with respect to the processing of Personal Data for which QwicPay determines the purposes and essential means of processing, as set out in QwicPay's Privacy Policy, available at Privacy Policy, as it may be amended from time to time. We do not provide Personal Data to unaffiliated parties for marketing their products to you. You understand and agree to QwicPay's use of Data for the purposes and in a manner consistent with this section.
10. QwicPay as Data Processor
To the extent that QwicPay acts as a Data Processor, processing Personal Data to provide the Services to you, we will do so in accordance with the terms of this Agreement and lawful instructions reasonably given by you to us from time to time. We will employ appropriate technical and organisational measures to protect such Personal Data. QwicPay will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorised by you.
QwicPay may provide some or all of the Services from systems located within South Africa or other countries outside of South Africa. As such, it is your obligation to acknowledge that Personal Data may be transferred, processed, and stored outside of South Africa and, as set forth in our Privacy Policy, may be subject to disclosure as required by applicable laws. By using the Services, you consent to such transfers.
If we become aware of an unauthorised acquisition, disclosure, or loss of Personal Data on our systems, we will notify you consistent with our obligations under applicable law. We will also notify you and provide sufficient information regarding the unauthorised acquisition, disclosure, or loss to help you mitigate any potential negative impact.
We will not be liable for any claim brought by any third party arising from any action or omission by us to the extent that such action or omission resulted from your instructions.
11. Your Data Privacy Obligations
You agree to the terms of our Privacy Policy, which we may update from time to time.
You affirm that you are now and will continue to be compliant with all applicable laws governing the privacy, protection, and your use of Data that you provide to us or access through your use of the Services. You will provide evidence of your compliance to us upon our request. If you do not provide evidence of such compliance to our satisfaction, we may suspend your QwicPay Account or terminate this Agreement.
You also affirm that you have obtained all necessary rights and consents under applicable laws to disclose to QwicPay -- or allow QwicPay to collect, use, retain, and disclose -- any Personal Data that you provide to us or authorise us to collect, including Data that we may collect directly through cookies or other similar means. You may not use any Personal Data to market to third parties unless you have received the express consent from the specific individual to do so.
12. QwicPay's Security Controls
QwicPay is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical measures to protect User Data and Personal Data stored on our servers from unauthorized access, accidental loss, modification, or breach, and we will comply with applicable laws when handling such Data. However, no security system is impenetrable, and we cannot guarantee that unauthorized parties will never be able to defeat our security measures or misuse any Data in our possession. In our sole discretion, we may take any action, including suspension of your QwicPay Account, to maintain the integrity and security of the Services or Data, or to prevent harm to you, us, or others. You waive any right to make a claim against us for losses you incur that may result from such actions where we can demonstrate that there was a reasonable basis for such action.
You are solely responsible for the security of any Data in your possession or that you are otherwise authorized to access or handle. QwicPay provides a range of Security Controls, including encryption, secure authentication mechanisms, and access restrictions, to safeguard the Data entrusted to us. These Security Controls are designed to meet general data protection standards; however, they may not address all specific security needs. You agree to review these Security Controls and implement additional external security procedures, safeguards, or systems, provided they do not interfere with or affect the functionality of QwicPay itself, as necessary to meet your personal or organizational requirements. If you believe the Security Controls we provide are insufficient for your needs, you must take independent steps to enhance the security of your data. By using QwicPay Services, you affirm that you have reviewed and assessed the Security Controls provided and have determined their suitability for your data security requirements.
If QwicPay believes that a security breach, leak, loss, or compromise of Data has occurred that affects your compliance with this Agreement, we may require a third-party auditor approved by us to conduct a security audit. You must fully cooperate with any requests for information or assistance made as part of the security audit.
13. Confidentiality
Each party receiving Confidential Information ("Recipient") relating to the other ("Disclosing Party") agrees to keep that information confidential and comply with the terms of this clause. In particular, the Recipient shall:
use the Disclosing Party's Confidential Information solely for the purposes of fulfilling its obligations under this Agreement;
keep the Disclosing Party's Confidential Information secure and apply no lesser security measures and degree of care to protect the Disclosing Party's Confidential Information than the Recipient uses to protect its own confidential or proprietary information; and
not disclose the Disclosing Party's Confidential Information to any third party except with the prior written consent of the Disclosing Party or as outlined in this clause.
Notwithstanding the above, the Recipient may disclose the Disclosing Party's Confidential Information to its employees, agents, professional advisors, and any third parties (including, in the case of QwicPay, subcontractors) who are directly involved in, and need to know such Confidential Information for, the provision or receipt of the Services. The Recipient shall ensure that any such person is subject to confidentiality obligations equivalent to those set out in this clause.
The obligations of confidentiality set out in this clause shall not apply in the following circumstances:
where the Disclosing Party has given specific prior written consent to the disclosure;
to Confidential Information which, as of the Effective Date, is or becomes publicly available through no fault or breach of this clause by the Recipient;
where the Recipient can demonstrate that the information was lawfully obtained from a third party without breach of any confidentiality obligation;
where the information was developed independently by the Recipient without reference to, reliance on, or knowledge of the Disclosing Party's Confidential Information; or
where the Recipient is required to disclose the Disclosing Party's Confidential Information by law, regulation, or order of a court or regulatory authority.
For the purposes of this Agreement, "Confidential Information" means all information relating to the business affairs, finances, products, data, specifications, documentation, developments, trade secrets, know-how, or any personal information provided by either party, provided such information is marked or identified as confidential, proprietary, or restricted. Unmarked information will also qualify as Confidential Information if the Recipient should reasonably know it is confidential, whether disclosed orally, electronically, or in writing.
14. Fees and Taxes
QwicPay provides its services to individuals at no charge. However, by using QwicPay to make purchases, you agree to pay the full price of all products and services purchased from a merchant’s online store through QwicPay, as displayed by the merchant on their online store.
You are also responsible for paying all related taxes, fees, and other charges imposed by any governmental authority, including value-added tax, goods and services tax, sales tax, and any other applicable indirect and transactional taxes ("Taxes") on your purchases. Such Taxes, where applicable, will be determined and charged by the merchant's online store.
In the event of a discrepancy in pricing or applicable Taxes, and where such a discrepancy is not due to QwicPay's actions or systems, you agree to address the matter directly with the merchant's online store. QwicPay is not responsible for resolving disputes regarding pricing or tax-related matters between you and the merchant.
15. Term and Termination
This Agreement is effective from the date you first access or use the QwicPay Services ("Effective Date") and continues until terminated by you or QwicPay.
You may terminate this Agreement and delete your QwicPay account at any time by contacting us at support@qwicpay.com. If you access the Services again after termination or register for another QwicPay account, you consent to and accept the terms of this Agreement.
QwicPay may terminate this Agreement or deactivate your account at any time for any reason by providing reasonable notice, unless otherwise required by applicable law. We may also suspend or terminate your account if:
You use the Services in violation of this Agreement or in a prohibited manner.
Laws or regulations require us to do so.
We determine in our sole discretion that your continued use of the Services poses significant risks, such as fraud or misuse.
Upon termination:
You understand and agree that all licences granted to you under this Agreement will end.
QwicPay reserves the right (but is not obligated) to anonymize all your information and account data stored on our servers.
QwicPay will not be liable for compensation, reimbursement, or damages related to your use of the Services, termination of the Services, or anonymization of your data.
You shall discontinue use of any materials, property, or documentation provided by QwicPay.
Termination of this Agreement does not relieve you of obligations incurred prior to termination, and any rights, remedies, obligations, or liabilities of the parties that have accrued up to the termination date shall remain unaffected.
When you delete your QwicPay account or remove any piece of information associated with your account, you acknowledge and accept that such data will become anonymized. QwicPay will no longer retain personally identifiable information but may use anonymized data for operational, analytical, or legal purposes as permitted by law.
16. Third Party Providers, Websites, and Services
You acknowledge and accept that QwicPay's Services may be used in conjunction with third-party websites and services, including the online stores of merchants from which you purchase products. You access the content of third-party websites, correspond with, and purchase products and services from third parties via their websites entirely at your own risk.
QwicPay makes no representations, warranties, or commitments, and shall bear no liability or obligations whatsoever, regarding:
The content or use of any third-party website,
Correspondence with any third party, or
Transactions completed, and contracts entered into, between you and any third party, including merchants' online stores.
Any contract entered into or transaction completed through a third-party website, including purchases made from a merchant's online store, is solely between you and the relevant third party and does not involve QwicPay.
Before purchasing any product from a merchant's online store through QwicPay, you agree and acknowledge that you have reviewed and agreed to that merchant's terms and conditions, privacy policy, and all other relevant legal documents.
QwicPay is not involved with, and has no responsibility for, any content or material that is displayed on third-party websites, including merchant websites. We recommend that you review the terms and conditions and privacy policy of the relevant third-party website, including merchant online stores, before engaging with it or using its services.
17. Proprietary Rights
In this Agreement, "IP" refers to patents, utility models, rights to inventions, copyright and related rights, trade marks, service marks, logos, business names, domain names, rights in trade dress, goodwill, rights of publicity, rights in designs, database rights, confidential information (including know-how and trade secrets), moral rights, and all other intellectual property rights, whether registered or unregistered, including applications for such rights, and all similar or equivalent rights or forms of protection that exist or will exist in the future worldwide.
Subject to the terms and conditions of this Agreement, QwicPay hereby grants you, solely during the term of this Agreement, a non-exclusive, non-transferable, non-sublicensable right to access and use the Services for personal, non-commercial use.
Nothing in this Agreement affects QwicPay's or its licensors' rights, title, and interest in the IP (including rights in derivative works embodied in or related to the Services), collectively referred to as "QwicPay IP."
QwicPay may make updates to the QwicPay IP or new Services available to you automatically or electronically, but may require action on your part before you may use the new Services (e.g., activation or acceptance of new terms). QwicPay may revoke or terminate this license if you use QwicPay IP in a manner prohibited by this Agreement. Except as expressly stated herein, this Agreement does not grant you any rights to, under, or in any patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights related to the Services.
You may not:
claim or register ownership of QwicPay IP;
sublicense any rights in QwicPay IP granted by QwicPay;
import or export QwicPay IP in violation of any country's export control laws;
use QwicPay IP in a way that violates this Agreement or applicable laws; or
attempt to do any of the above.
You hereby grant QwicPay a non-exclusive, non-transferable license to use any IP you own or are authorized to use, to the extent necessary for QwicPay to provide the Services to you.
If you submit any comments, ideas, or suggestions about improvements to the Services or QwicPay's platform ("Ideas"), you agree that QwicPay is free to use such Ideas without obligation or compensation to you. QwicPay assumes that your submission is voluntary, unsolicited, and delivered without any restrictions on its use.
QwicPay has developed and provides access to the Services. You may use the Services solely as described by QwicPay. You may not use the Services for any purpose or function not described by QwicPay. Due to the nature of the Services, QwicPay may update the Services and remove or add functionality, providing you notice of any material changes, so you may continue using the Services without interruption.
This Agreement does not prevent QwicPay from entering into similar agreements with third parties or from independently developing, using, selling, or licensing products or services similar to those provided under this Agreement.
18. Your Responsibility for Actions and Account Security
Without limiting any other obligations you may owe under this Agreement, you are at all times personally responsible for your actions while using the QwicPay services.
Indemnification: You agree to defend QwicPay, our affiliates, and their respective employees, agents, and service providers (collectively, "QwicPay Entities") against any third-party claims, suits, demands, actions, or proceedings (each, a "Claim"), and fully reimburse the QwicPay Entities for any resulting losses, costs, damages, settlements, expenses, or liabilities that result from:
your use of the Services;
our willful misconduct or negligence; or
any relationships or interactions you establish with other third-party services or merchants while using QwicPay.
Personal Liability: As an individual user of QwicPay, you are considered personally liable for your use of the services, including any disputes, fraudulent activities, or fees incurred.
Account Security: It is your responsibility to ensure that your QwicPay account is kept secure. You should safeguard your account credentials and monitor your account activity to prevent unauthorized access. Notify QwicPay immediately if you suspect or become aware of any unauthorized use of your account or any other breach of security. The security of your account relies on your vigilance in protecting your account information and controlling access to your device.
19. No Warranties and Limitation of Liability
Service Delivery: QwicPay shall make reasonable efforts to provide uninterrupted, secure, and reliable access to the Services. However, QwicPay does not warrant that the Services will be error-free, uninterrupted, or meet all of your specific requirements. Service interruptions may occur due to factors outside QwicPay's control, including third-party service dependencies, maintenance, or force majeure events.
Liability for Service Use: Except as expressly provided in this Agreement, you assume sole responsibility for the accuracy and completeness of the personal and payment information you provide when creating and using your QwicPay account. QwicPay shall not be liable for any issues, errors, or damages arising from incorrect or incomplete information provided by you, or from your misuse of the Services. Additionally, QwicPay shall have no liability for any losses caused by actions taken at your direction or by third-party merchants with whom you transact using your QwicPay account. It is your responsibility to ensure that your credentials remain confidential and that your account is used in compliance with this Agreement.
Indemnity and Claims: You agree to indemnify and defend QwicPay against any claims, demands, actions, or proceedings brought by third parties arising out of or related to your use of the QwicPay Services, including but not limited to claims involving: (i) unauthorized access to or misuse of your QwicPay account; (ii) your failure to maintain the confidentiality of your account credentials; (iii) inaccurate or incomplete personal or payment information provided by you; (iv) transactions conducted with third-party merchants using your QwicPay account; or (v) any violation of applicable laws or regulations by you. You further agree to fully reimburse QwicPay for any losses, damages, or costs, including reasonable legal fees, resulting from such claims or your willful misconduct.
Data Breach Response: In the event of a data breach affecting your personal information, QwicPay will make every possible effort to remedy the situation. This includes notifying you promptly of the data breach and providing details of the compromised information. Additionally, QwicPay will notify the Information Regulator of South Africa, in compliance with applicable data protection laws, and work to mitigate any potential harm caused by the breach.
Data Breach Liability: QwicPay shall not be liable for any monetary damages or losses whatsoever arising from a data breach, including but not limited to the compromise of personal information (such as name, surname, email address, phone number, and physical address), card information, or other sensitive data. This exclusion applies regardless of the nature of the breach or the resulting harm, to the maximum extent permitted by applicable law.
Liability Cap: If an issue arises with your checkout due to a fault exclusively attributable to QwicPay, we will make every reasonable effort to resolve the issue promptly. If the fault is not exclusively attributable to QwicPay, you agree not to hold QwicPay liable for any resulting issues or damages. Should QwicPay be proven liable for any checkout issue, the maximum liability of QwicPay to you will be an amount determined solely by QwicPay based on the nature of the claim and the type of loss incurred.
Under no circumstances will QwicPay be liable for indirect, punitive, incidental, special, consequential, or exemplary damages, including any loss of profits, loss of business, or other losses arising out of or in connection with this Agreement or your use of the Services, even if such damages are foreseeable.
Support and Communication: In addition to providing the Services, QwicPay will offer reasonable support for account-related issues during normal business hours through designated support channels. While we strive to address all concerns efficiently, QwicPay shall not be liable for delays in response due to high volumes or unforeseen circumstances.
General Provisions: This Agreement does not prevent QwicPay from entering into similar agreements with third parties or from independently developing, using, selling, or licensing documentation, products, and/or services which are similar to those provided under this Agreement.
Nothing in this Agreement shall exclude or limit QwicPay's liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under applicable law.
20. Force Majeure
QwicPay shall have no liability to you under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its operations, due to acts, events, omissions, or accidents beyond its reasonable control, including, without limitation: strikes, lock-outs, or other industrial disputes (whether involving the workforce of QwicPay or any other party); failure of a utility service, transport, or telecommunications network; acts of God; pandemics; war, riot, or civil commotion; malicious damage; compliance with any law, governmental order, rule, regulation, or direction; accident, breakdown of equipment or machinery; fire, flood, or storm; or default of suppliers or subcontractors. QwicPay will notify you of such an event as soon as reasonably practicable and will use reasonable efforts to mitigate the effects of the event to resume performance of its obligations as soon as possible.
21. Waiver
No failure or delay by QwicPay or you in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22. Rights and Remedies
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
23. Severance
If any provision or part of a provision of this Agreement is found to be invalid, illegal, or unenforceable, that specific provision or part shall be deemed removed. This removal will not affect the validity and enforceability of the remaining provisions of this Agreement.
If a provision or part of a provision is deemed removed, QwicPay and you agree to negotiate in good faith to replace it with a valid and enforceable provision that, as closely as possible, achieves the original intention of the removed provision.
24. PCI DSS Compliance & Responsibility
QwicPay is committed to full compliance with the Payment Card Industry Data Security Standard (PCI DSS) to ensure the secure handling of cardholder data through its Services. This compliance is achieved through partnerships with PCI DSS-compliant third-party providers, who are responsible for the encryption, secure transmission, and storage of cardholder data in accordance with PCI DSS requirements.
The user acknowledges and agrees that QwicPay facilitates a secure and compliant platform by leveraging these third-party services. While QwicPay oversees and ensures adherence to PCI DSS standards within its scope, the primary responsibility for the encryption and storage of cardholder data lies with its partners.
QwicPay shall not be liable for any breaches, losses, or damages arising from the handling, storage, or transmission of cardholder data by these third-party providers, provided that QwicPay has exercised reasonable care in selecting and monitoring its partners. Users agree to hold QwicPay harmless from any claims resulting from third-party failures to comply with PCI DSS requirements.
QwicPay will continue to uphold its commitment to maintaining PCI DSS compliance within its systems and to collaborating with trusted partners who adhere to the same rigorous standards for payment data security.
25. Entire Agreement
This Agreement constitutes the entire agreement between you and QwicPay and supersedes and replaces all previous agreements, promises, assurances, warranties, representations, and understandings, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly set out in this Agreement.
You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
26. Assignment
You shall not, without the prior written consent of QwicPay, assign, transfer, charge, sub-contract, or deal in any other manner with any of your rights or obligations under this Agreement.
QwicPay may, at any time, assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under this Agreement.
27. No Partnership or Agency
Nothing in this Agreement is intended to, or shall be interpreted to, create a partnership between you and QwicPay, or authorise either party to act as an agent for the other. Neither you nor QwicPay shall have the authority to act in the name of, on behalf of, or otherwise bind the other party in any way, including but not limited to making representations or warranties, assuming obligations or liabilities, or exercising rights or powers, except as described in this agreement,.
28. Responding to Legal Process
QwicPay may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order or demand ("Legal Process") that we believe to be valid under South African law. QwicPay will review a Legal Process to ensure that it appears lawful on its face. If there is reasonable doubt regarding the lawfulness of the Legal Process, QwicPay will take commercially reasonable steps to challenge it.
Subject to the terms of our Privacy Policy, QwicPay may hold or provide data as required under such Legal Process. Where permitted by South African law, QwicPay will make reasonable efforts to notify you of the Legal Process by sending a copy to the email address associated with your QwicPay account.
QwicPay is not responsible for any losses, direct or indirect, that you may incur as a result of our response to or compliance with a Legal Process.
29. Severability
If any provision or part of a provision of this Agreement is found to be invalid, illegal, or incorrect, that specific provision or part shall be deemed severed from this Agreement. The invalidity, illegality, or incorrectness of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.
30. Language
You acknowledge and agree that this Agreement and all related documents are provided in the English language.
31. Governing Law
This Agreement and any dispute or claim arising out of or in connection with it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa.
32. Jurisdiction
Each party irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement, its subject matter, or its formation (including non-contractual disputes or claims).