E-Cash Terms of Use

  1. Terms of Use Version 1.08 ~ Effective 17 October 2009.
  2. 1. Definitions and Interpretation
  3. 1.1 In these Terms of Use, the following words have the meaning set out beside them:
  4. 1.1.1 “Account” means the notional account opened by Members reflecting the balance of Credits and any purchases, redemption, transfers and/or sale-back of Credits pursuant to these Terms of Use;
  5. 1.1.2 “Credits” means notional units with a nominal value of R1.00 each, each representing a personal right against E-CASH to perform the E-CASH Services, issued to a Member, and which credits are redeemable in terms of these Terms of Use;
  6. 1.1.3 “E-CASH”, “we”, or “our” means E-CASH Systems Pty Ltd, registration number 2006/035426/07, a company incorporated in accordance with the laws of the Republic of South Africa;
  7. 1.1.4 “E-CASH Service” means the procural of payment service and identity verification service provided by E-CASH to its Members;
  8. 1.1.5 “Fees” means any and all fees and charges levied by E-CASH for your use of the E-CASH Service, as stated on the Website and which may be amended by E-CASH from time to time;
  9. 1.1.6 “Member”, “you” or “your” means any person who meets all eligibility requirements set out in these Terms of Use, and who has complied with section 5;
  10. 1.1.7 “Merchant” means any commercial or business entity that is validly registered as such with E-CASH and enabled to receive and send payments to Members;
  11. 1.1.8 “transfer” means, as the context permits, (a) the debiting of Credits of a Member and the concurrent crediting of an amount equal to such number of Credits to a Merchant account or Credits to another Member, as designated by the Member; or (b) the crediting of Credits to a Member and the concurrent debiting of a Merchant account or other Member;
  12. 1.1.9 “Website” means the E-CASH website www.e-cash.co.za or such other website through which E-CASH may offer the E-CASH Service from time to time.
  13. 1.2 These Terms of Use shall apply to all Members.
  14. 2. General
  15. 2.1 It is a condition of membership that you agree to these Terms of Use, which form a legally binding agreement once you become a Member. We may amend the Terms of Use from time to time and will notify Members of any amendments by posting notice of any such amendments on our Website. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Continuing use by you of the E-CASH Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.
  16. 2.2 The following policies, as amended from time to time, are incorporated into and form part of these Terms of Use:
  17. 2.2.1 Non-Serviced Countries list
  18. 2.2.2 Privacy Policy
  19. 2.2.3 Complaints Procedure
  20. The latest version of each of these policies is located on the Website for your reference.
  21. 3. E-CASH Service and Credits
  22. 3.1. You acknowledge and agree that (i) E-CASH is not a bank and that the E-CASH Services do not constitute taking deposits from the general public; and (ii) E-CASH does not pay you interest on any Credits.
  23. 3.2 The Credits are movable assets purchased by the Member and can only be transferred and/or redeemed and/or sold-back pursuant to these Terms of Use.
  24. 3.3 You are not required to maintain a balance of Credits.
  25. 4. Eligibility
  26. In order to use any of the E-CASH Services and become a Member, you must (i) be at least 18 years of age and of the age of majority, whichever is older, in your country of residence (if such country is not the Republic of South Africa); (ii) open an Account in accordance with the instructions set out in the registration page of our sign up site; (iii) not be in default of any Terms of Use or otherwise have access limited to your Account, nor have had any previous Account closed by us; and (iv) not be a resident of any country to which E-CASH does not provide the E-CASH Service from time to time, as set out in the Non-Serviced Country list referred to in section 2.2 hereof. You may not open more than one Account and we may terminate any or all of the Accounts of a Member who has, or whom we reasonably suspect has, multiple Accounts.
  27. 5. Membership
  28. 5.1 To become a Member, you must register as a Member and open an Account by providing all the requested information set out on the registration page of our sign up site.
  29. 5.2 A Member must maintain an active address, phone number and email address to become and remain a Member. A Member will not provide any false, inaccurate, incomplete or misleading information. A Member will not provide any name, bank account or credit card that a Member is not legally authorized to use. A Member may not permit any other person to use his/her Account. A Member will promptly update his/her Account details on the Website if his/her name, address, email address, phone number, credit card or bank account information changes.
  30. 5.3 No person will not be able to use the E-CASH Service until he/she has satisfactorily passed all of our necessary identity and security validation and verification checks.
  31. 6. Account Activity
  32. 6.1 By registering as a Member, Members will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) purchase Credits which will enable you to make transfers to, and receive transfers from, Merchants or other Members; and (ii) sell back Credits.
  33. 6.3 Acquiring Credits:
  34. By becoming a Member you are entitled to acquire Credits. A Member may acquire Credits by purchasing such Credits and paying for such Credits in cash, free of deduction, set-off and costs of transfer. In order to acquire Credits, you may choose from one or more purchase options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks. By selecting the relevant purchase option you authorize us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then issue Credits to you. Notwithstanding the aforegoing, certain purchase options entitle us to credit you with Credits by us debiting a bank or similar account at your financial institution. In the event that we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition we may debit the applicable insufficient funds charge and such uncleared payment against your available Credits, obtain it from your designated financial institution or otherwise collect it from you. If the purchase of Credits are paid for by the transfer of funds by a Member or the debiting of a Member’s account with a financial institution, the purchase of the Credits shall only be effective once the funds so transferred or debited has been cleared and received in the account of E-CASH. We reserve the right to impose limits on the purchase and transfer amounts and frequency with which you may use such options.
  35. 6.4 Transfers:
  36. Members may purchase additional or redeem existing Credits by completing the information on the “Transferring Credits” page of our Website. In some cases you may be able to purchase Credits by making transfers of similar notional credits from a Merchant or redeem Credits by transferring Credits to a Merchant. You authorize us to debit applicable Fees at the time of any transfer against your Credits. A tariff of the Fees applicable to transfers can be viewed on the E-CASH Website. When making transfers of Credits to Merchant accounts, you may not designate an amount (plus the applicable Fees) in excess of the balance of Credits at the time the request is made. If you attempt to do so, your transfer request will be denied. When transferring Credits to or from a Merchant, the value (and not the number) of Credits and the Merchant’s notional credits shall be used for purposes of determining the balance of Credits available after such transfer to or from a Merchant. The nominal amount of any notional credits of a Merchant received will be credited to your Account, less any applicable Fees (and the concomitant number of Credits will be deemed to have been acquired by the Member). If a transfer of notional Merchant credits to a Member is reversed by the sender prior to the Member transferring, redeeming or selling back any part of it, the amount of the transfer will be returned to the sender and no Fees will be owing by you. If a Member has transferred, redeemed or sold back any part of the credits transferred from a Merchant and such transfer is reversed by the sender, E-CASH shall be entitled to recover the amount by reducing your Credits, charging your credit card or bank account for the amount or otherwise collecting such amount from you. Members may complete transfers of Credits as outlined above, or follow the direct to Merchant transaction process offered by a Merchant, which does not affect their Credit balance. Members can only complete direct to merchant transactions through the payment method of their choice on a Merchant website. These transactions do not require Credits to be held.
  37. 6.5 Sale Back:
  38. Members may sell back, at the nominal value thereof, all or a portion of the balance of Credits by selecting one of the sell-back methods available to you in your country of residence set out in the “Sale Back” page of our Website. We will process the sale back request immediately, provided that all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of sale back you choose, a Fee may be applicable which will be deducted from the balance of Credits prior to sale back. You may only sale back if your Credits are sufficient to pay any applicable Fees. We will take reasonable steps to ensure that purchase price for the sale-back are received by you within five (5) business days of the sale back request. However, we shall not be liable for delays in the transfer of the proceeds of the sale back where those delays are caused by any third party involved in the sale back or due to delays in the banking system. Once any Credits are sold back pursuant to this section 6.5, such sold back Credits shall be cancelled.
  39. 6.6 You acknowledge that certain of our purchase, transfer, redemption and sale back options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to E-CASH making use of your personal data for the purposes of verifying the levels of such identity and security. E-Cash will not disclose your personal data to any third party (save for third party validation and verification systems) without your prior written consent, unless required by applicable law or the order of a court of competent jurisdiction. You also acknowledge that certain of our purchase, transfer, redemption and sale back options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable webpage on our Website. We reserve the right to impose limits on the purchase, transfer, redemption, and sale-back amounts and frequency you may use, and to change such limits from time to time without notice.
  40. 7. Fees
  41. 7.1 You are responsible for the payment of all applicable Fees. Fees are indicated on the applicable web page or prior to your completing a transaction. Fees include our Non Sufficient Funds (NSF) reprocessing charges if there are insufficient funds from your payment source. If you are unclear as to any applicable Fees, please contact our Customer Contact Centre prior to completing any transaction. All Fees are due immediately. You are responsible for all costs incurred by us to recover Fees and other amounts that you owe us, including, without limitation, collection fees and legal fees on an attorney-client basis.
  42. 7.2 E-CASH reserves the right to change fees from time to time. Updates will be indicated on the applicable web page or prior to your completion of a transaction.
  43. 8. Chargebacks
  44. 8.1 If you purchase Credits using your credit card or through your bank account, you will not charge back, cancel or de-authorize the credit card or bank account charge. Without limiting our rights or remedies, if you do charge back, cancel or de-authorize your credit card or bank account charge, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Credits, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
  45. 9. Reward or Promotional Programs
  46. From time to time, we may offer reward programs or other promotional programs, such as the NETpoints Reward Program. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion and will notify you in advance of such decision.
  47. 10. Other Member Obligations
  48. 10.1 You are prohibited from engaging in any of the following:
  49. (a) Using the E-CASH Service to obtain a cash advance from your credit card (or assisting others in such activity);
  50. (b) using the E-CASH Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services, consumer protection, discrimination or defamation;
  51. (c) sending unsolicited email or similar methods of mass messaging (spam);
  52. (d) harassing or engaging in obscene, rude or abusive behaviour against E-CASH or any of our employees, officers, agents or representatives; and
  53. (e) tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the E-CASH Service, or attempting to do any of the foregoing.
  54. 10.2 You shall keep in a safe and secure place and not disclose details of your Account identification, secure identification, password, security questions and other information specific to your Account, . You are solely responsible for safeguarding your password and other security information and for ensuring the ongoing security and integrity of your log-in details on your personal computer device for accessing the Internet. Should another person gain access to your Account due to no fault of E-CASH, E-CASH shall not be liable for any loss or damage you may incur as a result of such access. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be deemed to have authority to access your Account. You may not use anyone else’s password or security information to gain access to another Account.
  55. 10.3 You are fully responsible for any goods or services bought by you that are settled through your use of the E-CASH Service. Any dispute with a Merchant regarding any product or service bought by you through the E-CASH Service is between you and the Merchant and you agree that E-CASH shall not be a party to such dispute. E-CASH does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
  56. 10.4 You are fully responsible for the instructions you give E-CASH and as a result we may not be able to detect errors in your payment instructions.
  57. 10.5 You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of our Terms of Use, all Credits purchases, transfers or withdrawals are final and not reversible. E-CASH cannot arrange for refunds where you believe the purchase, transfer or withdrawal of Credits was made in error.
  58. 10.6 You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, you will be re-credited with the amount of the transfer and no Fees will be charged.
  59. 11. Privacy
  60. 11.1 Our Privacy Policy forms part of these Terms of Use. It is advisable that you review the Privacy Policy prior to agreeing to these Terms of Use.
  61. 11.2 You acknowledge and accept that: (i) when speaking to customer service agents at E-CASH, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; and (ii) for fraud and security purposes your records are kept by E-CASH even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants and other Members to or from whom you transfer funds: name, Account number.
  62. 12. Limiting Access or Terminating your Account
  63. 12.1 At our discretion, we may suspend or limit access to your Credit and/or your Account (including without limitation, placing a hold on Credits, limiting your ability to send, redeem, transfer or sell back Credits, limiting your payment sources) or repurchase all your Credits, at any time and for any reason, including but not limited to the following:
  64. (a) breach of any of these Terms of Use;
  65. (b) if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer;
  66. (c) abuse by you of the reversal or charge back process provided by your bank or credit card company;
  67. (d) refusal to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;
  68. (e) initiation of transactions that may be considered to bE-CASH advances or assisting in cash advances;
  69. (f) if we believe or have reason to believe that your Account has been used or allegedly used in or to facilitate any financial-crime activity;
  70. (f) return of a payment for insufficient funds in your bank or other similar account;
  71. (h) if we believe or has reason to believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us; or
  72. (i) to comply with money laundering or terrorist financing investigations or prohibitions issued by government authorities, agencies or commissions.
  73. 12.2 We reserve the right to repurchase Credits. If we repurchase all your Credits, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us, and send you the proceeds from the repurchase of the Credits.
  74. 12.3 We may charge an annual or other periodic administration fee if you have Credits and have not made any additions to, transfers, sale back or redemptions of Credits for a period of more than 14 months. Any such administration fee applied will be deducted from your Credits.
  75. 13. Warranties, Liabilities and Disclaimers
  76. 13.1 E-CASH reserves the right to validate and verify any of the information you provide with third parties at any time.
  77. 13.2 Without limiting section 6, E-CASH shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or your mail service provider. We make no representations or warranties as to continuous, uninterrupted or secure access to the E-CASH Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
  78. 13.3 We assume that prior to opening your Account you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the E-CASH Service and you hereby indemnify E-CASH, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the E-CASH Service in violation of any law or regulation.
  79. 13.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS TO YOU WITH RESPECT TO THE E-CASH SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE,OR OF MERCHANTABLE QUALITY, OR OF COMPLIANCE WITH ANY DESCRIPTION, ARE HEREBY EXPRESSLY DISCLAIMED.
  80. 13.5 Neither E-CASH nor any of its affiliates, holding companies, subsidiaries, agents, officers, employees or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our gross negligence, fraud or wilful misconduct; provided that under no circumstances shall E-CASH, its affiliates, holding companies, subsidiaries, agents, officers, employees or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
  81. (a) contraventions by you of any of the Terms of Use;
  82. (b) errors made by you or any Merchant or other Member in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;
  83. (c) use of your Account by another person who passes all identity and security validation and verification checks;
  84. (d) failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet;
  85. (e) any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks;
  86. (f) errors or omissions in our Website content;
  87. (g) misuse or inability to use our Websitedue to reasons beyond our reasonable control;
  88. (h) delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
  89. (i) interception or seizure compelled by law; and
  90. (j) circumstances beyond our reasonable control.
  91. 13.6 IN NO EVENT SHALL E-CASH, ITS AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS
  92. 13.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the E-CASH Service.
  93. 13.8 You hereby indemnify E-CASH, its affiliates, holding companies, subsidiaries, agents, officers, employees and subcontractors from and against any and all claims brought by third parties against E-CASH, its affiliates, holding companies, subsidiaries, agents, officers, employees or subcontractors relating to your use of the E-CASH Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by E-CASH, its affiliates, holding companies, subsidiaries, agents, officers, employees or subcontractors as a result of your breach of these Terms of Use.
  94. 14. Complaints Procedure
  95. 14.1 We refer you to the E-CASH complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account.
  96. 14.2 You hereby waive any right you may have to commence or participate in any class action suit or proceeding against E-CASH, its affiliates, holding companies, subsidiaries, agents, officers, employees and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
  97. 14.3 We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorize, you must notify us immediately upon identification or suspicion.
  98. 15. General
  99. 15.1 E-CASH may engage the services of one or more affiliates, holding companies, subsidiaries, agents, officers, employees or subcontractors in order to fulfill its obligations.
  100. 15.2 These Terms of Use shall be governed by the laws of the Republic of South Africa. All disputes arising out of or relating to these Terms of Use shall be resolved by the Courts of South Africa, except where South African legislation requires a specific dispute to be resolved by the courts of another jurisdiction. You hereby submit to the non-exclusive jurisdiction of the High Court of the Republic of South Africa.
  101. 15.3 We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by registered mail, shall be deemed given 10 (ten) business days after the date of mailing.
  102. 15.5 Our failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
  103. 15.6 The rights and remedies available to E-CASH in these Terms of Use are cumulative and are in addition to any other right or remedy available to E-CASH in law .
  104. 15.7 You may not transfer, cede, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use without E-Cash's prior written consent, which consent will not be unreasonably withheld. We reserve the right to assign all or any part of our rights, duties and obligations under this Agreement, including the assignment of contractual position, or novation, or any other form of substitution of E-CASH by another party, which assignment or novation or other substitution you hereby irrevocably and unconditionally consent to.