Terms and conditions

Last updated on 2024-03-06

1. Definitions

In these Terms and Conditions:
1. headings to clauses are for reference purposes only and shall not be used in the interpretation of these Terms and Conditions;
2. an expression which denotes any gender includes the other gender, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa.
The following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings:
1. “App” means the Bob Pay App;
2. “Goods” means any items and/or products of whatsoever nature sold on and/or purchased from an Online Store or other Website with whom Bob Pay has integrated.
3. “Losses” means any losses, damages, claims, expenses, penalties, fines, or liabilities of any nature whatsoever and howsoever arising;
4. “Online Store” means Shopify, Bidorbuy, WooCommerce or and any other online store with whom Bob Pay may integrate from time to time;
5. “Personal Information” means information applicable to a specific natural or juristic person capable of identifying said natural or juristic person including, without limitation, identity numbers, physical addresses, contact details, credit card information and any confidential information pertaining to a specific natural or juristic person as more fully described in the Protection of Personal Information Act, 4 of 2013 (“POPIA”);
6. “Services” means the payment service offered to Users by Bob Pay.
7. “Site” or “Website” means the internet website by which Bob Pay offers its services;
8. “Store/s” means the Online Stores and/or any other means by which the goods are sold and/or purchased or platforms on which the goods are sold and/or purchased, whether online or otherwise;
9. “Users” means the Bob Pay payer and/or payee of the goods or services, as the case may be;
10. “Terms and Conditions” means these terms and conditions;
11. “Bob Pay” / “we” means Bob Group (Pty) Ltd with Registration Number 2000/010005/07;
12. “you” or “your” means you, as the User.

2. Bob Pay services

The Services shall at all times be subject to these Terms and Conditions.
In the event of a conflict between these Terms and Conditions and:
1. any other terms and conditions in relation to the Services elsewhere contained;
2. the terms and conditions of any Bank;
3. the terms and conditions of any Store; or;
4. the terms and conditions of Website;

these Terms and Conditions shall prevail to the extent of such conflict.

Bob Pay reserves the right to, at any time, change or modify these Terms and Conditions, or any part thereof, or to impose new terms and conditions relating to the Services. Any such changes, modifications, additions and deletions shall be effective immediately upon notice thereof, notice of which may be given on the Website or by email. Your continual use of the Services thereafter shall be deemed to constitute your acceptance of the changes, modifications, additions or deletions to these Terms and Conditions.
Bob Pay is registered with the Payments Association of South Africa as a Third Party Payment Processor (TPPP).
You appoint Bob Pay as a Third Party Payment Processor to accept payments on your behalf.
Unless by specific arrangement, payment for all payment methods will be settled directly to Bob Pay in which case the payee’s Bob Pay account will be credited with the relevant payment amount.
Bob Pay will keep your funds separate from its company funds and will not use these funds to pay any company expenses.
Bob Pay may enter into an agreement with you to automate the payout of funds on a regular basis.
Bob Pay does not act as an escrow service or the trustee of funds and only provides a third party payment processing service.
Bob Pay is not a bank and the Service provided is a payment processing service and not a banking service.
Bob Pay may impose limits on payments made through the platform for security reasons.
Bob Pay may hold funds longer than the agreed payout periods should there be a suspicion of fraudulent activity on the account or any contravention of this Agreement.
Bob Pay will not be responsible for payments made to unintended payees or for payments of incorrect amounts due to erroneous actions of a User.

3. Service level agreement

Upon the creation of an account on the Bob Pay platform, the User agrees to these Terms and Conditions. The creation of this account, and subsequently, the agreement of the Terms and Conditions, forms an unwritten contract between Bob Group (Pty) Ltd and the user of the account. This unwritten contract substitutes a quintessential Service Level Agreement, due to the unusual nature of the company’s business model.

In accordance with these Terms and Conditions, the Bob Pay Site is merely a platform aimed at providing Users with access to payment services. The actual payment Services may be performed by third parties such as via banks and not by Bob Pay itself. Service Level Agreement parameters may thus be dependent on the Terms and Conditions of each individual payment partner.

4. Bob Pay account

In order to make use of the Services, you will be required to create an online account and in doing so shall be required to, without limitation:
1. provide Bob Pay with Personal Information including, but not limited to, your business name, email address, phone number and such other information as may be required by Bob Pay from time to time;
2. confirm your agreement with these Terms and Conditions;
3. where required by Bob Pay will facilitate the integration of your Store with Bob Pay.
You acknowledge that it is your responsibility to ensure that your account information remains confidential and to maintain the security of your password.
You will also be responsible for all activities occurring under your account and you agree to notify Bob Pay immediately of any unauthorised use of or breach of security in relation to your account.
In the event that there are any discrepancies in relation to any charges to your account, you shall be required to provide Bob Pay with all information pertaining to these discrepancies in order for Bob Pay to review such information. You acknowledge that it shall not be Bob Pay’s responsibility to review all transactions on your account with a view to locating any potential or actual discrepancies.
You hereby agree and acknowledge that Bob Pay may, in its sole and absolute discretion, suspend or terminate your account and/or withhold payments if:
1. you are suspected of having or have in any way engaged in any fraudulent or other criminal activity or untoward conduct;
2. you have failed to make payment of any fees and/or charges due to Bob Pay in relation to the Services;
3. you conduct yourself in a manner which, in Bob Pay’s sole and absolute discretion, adversely affects Bob Pay’s employees, reputation and/or business in any manner whatsoever; and
4. you fail to adhere to these Terms and Conditions in any respect whatsoever.
Bob Pay platform support is provided by the Bob Pay support team through the Bob Pay telephone line (+27 12 940 1060) and support email address (support@bobpay.co.za) only. Bob Pay employees may not assist any customers with support queries unless they are assigned a ticket number or come through on the Bob Pay telephone line. Thus, support will not be provided on social media platforms (including, but not limited to Facebook, Instagram, Twitter, LinkedIn and WhatsApp), personal telephone numbers or email. Bob Pay employees reserve the right to deny assistance and refer the customer to the official support communication channels.

5. Payment for goods and services

Bob Pay is not involved in the sale of the goods and services, save for providing a payment platform.
You hereby acknowledge that the sale of goods or services to you by any Website, in particular, the Online Stores, shall be subject to the terms and conditions of the Website. In this event, you warrant that you have read and understood the terms and conditions of the relevant website and will comply therewith.
As Bob Pay is not involved in the sale of the goods and services, Bob Pay:
1. will not get involved in any dispute between the payer and the payee relating to the goods / services and the supply thereof;
2. cannot replace or repair the goods or provide any refund in relation thereto;
3. has no control over:
  1. whether the User has sufficient stock on hand to fulfil any order or whether the Subscriber’s stock availability has been incorrectly indicated in any advertisement, on any Online Store or otherwise;
  2. whether the goods are ultimately received;
  3. whether the goods are accurately described in any advertisement, on any Online Store or otherwise;
  4. whether the goods sold are being sold in accordance with all applicable laws and regulations or whether they are legally able to be sold;
  5. whether the goods are fit for the purpose for which they have been sold and/or purchased;
  6. whether the seller is able to or will fulfil the order or any of its other obligations in relation to the sale of the goods or services;
  7. whether the goods are free of any charge or any other encumbrances.

6. Fees and payment

Transaction fees are charged by Bob Pay for the provision of payment services.
The fees charged are available on the User’s account.
A VAT invoice will be provided for all transaction fees incurred, amounts which may be withheld from the User’s Bob Pay balance.
Any amounts owed to Bob Pay will be deducted from the User’s Bob Pay account.
Any billing-related queries must be addressed to accounts@bobpay.co.za.

7. Personal information

You will be required to provide Bob Pay with Personal Information in your use of the Website and the Services.
You expressly consent to Bob Pay processing Personal Information for purposes of providing the Services and/or for the purposes of the payment Services.
You hereby expressly consent to Bob Pay providing its agents, sub-contractors or other third parties with the Personal Information in order for Bob Pay to fulfil its obligations in these Terms and Conditions. You further acknowledge that Bob Pay providing Personal Information to its agents, sub-contractors or third parties may necessitate the cross-border transfer of Personal Information and you hereby provide your express consent to the cross-border transfer of the Personal Information.
In the event of you providing Personal Information to Bob Pay of any third party for purposes of the payment Services, you hereby warrant that the relevant authority and/or permission to do so has been obtained from the third party in question.
Bob Pay will take all reasonable precautions to prevent any loss, theft, misuse or unauthorised access of your Personal Information.
You hereby warrant that the Personal Information provided to Bob Pay is accurate, up to date and not false, misleading, deceptive or fraudulent.

8. General use of the Website and Bob Pay platform

The Website contains copyrighted material, trademarks and other proprietary information. The Website itself is also subject to copyright protection.
In using the Website, you undertake not to:
1. modify, publish, transmit, sell, copy or in any way exploit the part or whole of the content of the Website;
2. use the Website in connection with or for purposes of committing any violation of laws or regulations, whether national or international;
3. use the Website in order to violate or attempt to violate the security of a network, service or other system;
4. use the website to transmit and/or distribute materials and/or make any statements that:
  1. are of a threatening nature;
  2. are disparaging, grossly inflammatory, misleading, fraudulent, false, or inaccurate or contain vulgar, profane, abusive or hateful language, epithets or expressions, or slurs;
  3. contain unsubstantiated claims;
  4. are harmful and/or offensive;
  5. contain any invidious programs or data whether attached to or embedded in other programs or data or not;
  6. discriminates on the grounds of religion, race, nationality, origin, gender, age, marital status, disability or sexual orientation;
  7. illegally copy, store, use, alter, impair, interfere with or attempt to interfere with or distribute data;
  8. alter, damage, destroy, erase, interfere with or attempt to interfere with or infect Bob Pay’s files, data and other computer systems and network resources or those of other users of the Bob Pay Site (“Users”) or any other person or access, copy, modify, remove or impair the reliability, security or operation of any data or files or other information stored in these systems or network resources;
  9. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise access Bob Pay’s computer systems without authorisation or those of other Users or any other person;
  10. interfere with any Users’ uninterrupted use of the Website;
  11. engage in any practice or conduct that is unlawful;
  12. collect Users’ Personal Information;
  13. engage in spamming, advertising, unsolicited emails, cybersquatting or typosquatting;
  14. place any referral links on any pages of the Website.
In addition to the above, you agree:
1. to comply with any and all laws and regulations in your use of the WeSite; and
2. not to harass, intimidate or threaten any of the Bob Pay staff or any other Users in any manner or form.
Bob Pay makes no representations that the information contained on this Website complies with any laws of any country in which it operates and you choose to access and use this Website at your own risk.

9. Warranties

In addition to the warranties provided by you elsewhere in these Terms and Conditions, you hereby warrant in favour of Bob Pay that:

you regard these Terms and Conditions as binding on you;
you are of legal age or that you act on behalf of a duly incorporated entity and have the necessary authority to act on behalf of that entity.

10. Limitation of liability and indemnity

Notwithstanding the aforegoing, under no circumstances will Bob Pay assume any liability whatsoever, whether to you or person having an interest in the goods and services as a result of:
1. any breach by you of these Terms and Conditions;
2. a failure, or error in the operation, of all or any part of the Website, Bob Pay’s computer systems, network resources, the payment Services, or any other computer systems or network resources to which they may be connected or upon which they may rely or the taking offline of any of those computer systems or network resources for any reason whatsoever.
Bob Pay shall also not be liable to you or any person having an interest in the goods and services for any consequential, indirect, delictual, special Losses of any nature whatsoever and howsoever arising.
Subject to any limitation of liability provision contained elsewhere in these Terms and Conditions, if Bob Pay is found, for any reason whatsoever, to be liable for any Losses suffered by you or any person having an interest in the goods and services, Bob Pay’s liability shall be limited to the sum of the actual Losses suffered or the total sum of the Subscription Fee paid by the Subscriber in the 6 (six) months immediately preceding the Losses being incurred, whichever is the lesser.
Notwithstanding anything to the contrary contained in these Terms and Conditions, you hereby indemnify and hold Bob Pay harmless against any Losses suffered or incurred by you whether direct, indirect or consequential as a result of your breach of these Terms and Conditions.

11. Links to and from other websites

Links to third party websites on this Site are provided solely for your convenience.
You agree and acknowledge that not all of these third party websites have been reviewed by Bob Pay and Bob Pay shall not be responsible for the content or availability of the third party websites.
Bob Pay does not endorse or make any representations about the third party websites and whether they are what they claim to be, any material found there, or any results that may be obtained from using them or that the third party websites are not defective.

12. Advertisements

Certain advertisements for products and services may appear on the Website from time to time.
You hereby agree that Bob Pay shall not be responsible for any errors in price or information relating to the product or service advertised, error in the date or length of availability, error in pricing or product or service information that appears in any such advertisements.

13. Applicable legislation

If Bob Pay is obliged, in the execution of its obligations, to comply with any law of any nature whatsoever, Bob Pay’s compliance with the requisite laws shall not be deemed to be a waiver or novation of any of its rights herein and Bob Pay shall not be deemed to have assumed any onus, obligation, responsibility or liability in your favour.
If there is any inconsistency between these Terms and Conditions and any applicable legislation, the provisions of the applicable legislation shall prevail and in this event, shall in no way affect the remaining Terms and Conditions.

14. No cession

You may not cede or assign any rights and/or obligations which you may have in terms of these Terms and Conditions to any third party.
Bob Pay may however cede or assign any rights and/or obligations in terms of these Terms and Conditions as it, in its sole discretion deems fit.

15. Severability

Should any provision be declared to be illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the provisions hereof, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction.

16. Governing law

These Terms and Conditions shall be governed by the law of South Africa.

17. Force majeure

Bob Pay shall not be responsible for failure to perform hereunder due to causes beyond its control including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, earthquakes, floods, acts of God and similar occurrences.

18. Costs

In the event that any action or proceeding is brought against the Subscriber to enforce, or interpret any provision of these Terms and Conditions or recover any amounts, Bob Pay shall be entitled to recover all costs incurred by it on an attorney and client scale, whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.