Terms & Conditions

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1Voucher Standard Terms and Conditions

Introduction

1.1. You can perform Transactions on the App or Website in order to purchase Products.Products allow you access to a Provider Product Programme. You can also purchase a 1Voucher from the Website, the App or any participating retailer or Flash trader.

1.2. These terms and conditions and the privacy policy govern your relationship with us(together referred to as the “Terms and Conditions”). By downloading and using our App, accessing our Website, purchasing a 1Voucher or redeeming a 1Voucher, you agree to and accept our Terms and Conditions. If you do not agree and accept, please do not use our App or uninstall it from your Device, do not access our Website and do not purchase or redeem a 1Voucher.

1.3. Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

In these terms and conditions, the following expressions shall bear the meanings assigned to them unless the context clearly shows that the parties intended a different meaning:

2.1. “Access Codes” means any of your secret numbers used to access our App or Website, including your password, username, biometrics and secret word;

2.2. “App” means the Flash Mobile Wallet application for your Device;

2.3. “AppStore” means your Device’s application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.4. “Account” means your account which is set up in the Flash account management system (using a unique account identifier);

2.5. “Device” means the device you use to access the App or Website;

2.6. “1Voucher”,“Flash Mobile Wallet”, “Flash”, “us”, “we”, “our” means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria and “1Voucher” may further, as context dictates, mean Flash’s owned and operated voucher Product;

2.7. “Personal Information” means personal information as defined in the Protection of Personal Information Act;

2.8. “Prepayment” means an advance payment of an amount which is reflected against your Account.

2.9. “Products” means any Provider or Flash product via which you may access a Provider Product Programme, and for which you can conclude a Transaction on the App or Website;

2.10. “Product Terms and Conditions” means the terms and conditions established by a Provider with respect to the Products;

2.11. “Profile” means the digital identity you create when registering for the App and which will be linked to your Account;

2.12. “Provider” means the owner, supplier or distributor of a Product;

2.13. “Provider Product Programme” means the programme offered by a Provider which allows you to purchase goods and/or services or access or redeem credit from the Provider or its designee following your purchase of a Product.

2.14. “Transactions” mean the different transactions or activities relating to a Product that can be performed by you via the App or Website. Transact has a similar meaning;

2.15. “User Guide” means the digital manual which explains how to operate the App and Website, and how to Transact, as updated from time to time;

2.16. “Website” means www.1Voucher.co.za and www.1ForYou.com; and

2.17. “you / your” means the person who registered for the App, uses the Website or App, or purchases / redeems a1Voucher.

3. Registration

3.1. You must register for:

3.1.1.  the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on your Device from the App Store; and/or

3.1.2.  the Website by giving permissions to your Personal Information should you wish to Transact.

3.2.  When you register you must create a Profile for secure use of the App and/or Website.

3.3. In completing the above registration process and accepting the Terms and Conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4. Your Account may only be used for the purpose for which it was intended.

4. Use of the App and/or Website

4.1. You should only use the latest version of the App. Failure to update the App may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2. You must use software and hardware suitable for the App or Website. If you do not, the App or Website may not work properly, and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

4.3. You may not reverse engineer, scrape, decompile or impair the function of the App and/or Website in any way.

5. Fees and costs

5.1. There are no subscription costs to access the App and/or Website.

5.2. Your internet service provider or mobile operator may charge you data costs for access to our Website or App.

6. Transacting and refunds

6.1. You can perform Transactions by either drawing down on your Prepayment, or by paying at checkout via card or 1Voucher.

6.2. The different types of Transactions that can be performed are subject to change from time to time without notice from us.

6.3. The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions.

6.4. You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5. Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6. You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7. You must make sure that you log out of the App or Website when you have finished using it, to prevent anyone else from using it.

6.8. Refunds /reversals

6.8.1.  All Transactions are in real time. It is therefore important that you check the Transaction details and details of the Product(s) and Provider(s) before submitting the Transaction. Reversals or refunds of a Transaction are subject to the Product Terms and Conditions and no reversal or refund of a Transaction is permitted by a Provider once a Transaction is successful.

6.8.2.   Should a Provider allow a refund, the refund will be processed to the same payment method as the original payment for a Transaction. If the card you used to pay for the Transaction is no longer valid, you must notify us beforehand. Card refunds may take up to 14 working days to reflect in your account. A valid proof of refund from our payment processor shall be conclusive proof that a card refund was successful. Please contact your card issuing institution should the refund not reflect within 14 working days from the date of refund.

6.9. We will regard a Transaction as being successfully completed if we have sent the Transaction details to the cell phone number or email address which you have provided to us. A proof of transmission from our SMS- or email service provider will act as conclusive proof of a successful Transaction.

7. Payment

7.1. Payment on the App and Website can be made via i) Visa and MasterCard cards, ii) 1Vouchers and iii) instant EFT. Your chosen payment method may be subject to certain terms and conditions published by your payment issuing institution.

7.2. When paying via card or instant EFT, you warrant that you are authorised to use the card or account for the purposes of paying for Products and that you have sufficient available balance to pay for the Product(s).

7.3. Your order will only be processed once we receive confirmation from our payment process or that your payment was successful.

7.4. We reserve the right to decline any payment should we suspect any fraudulent activity related to the payment.

7.5. Charge backs or queries

7.5.1.   If we receive a chargeback request or query from your bank related to a Transaction, and we have evidence that the Transaction was successfully processed, we may contest the chargeback or query with your bank.

7.5.2.   If the chargeback is successful, we may contact the Provider to cancel/block the applicable Product. Furthermore, we may demand payment from you for any successful Transaction which has been subject to a successful chargeback.

7.5.3.   We may also block, suspend or terminate your Account or any future account which you may create should a Transaction on your Account be subject to a charge back or query.

8. Product Terms and Conditions

8.1. Certain Products may have Product terms and conditions specific to that Product. These Product specific terms and conditions are issued by the Provider and are applicable to the Product and the relationship between you and the Provider. Make sure you read the Product terms and conditions applicable to any Products you wish to purchase. Please contact the Provider should you have any questions regarding Product terms and conditions.

8.2. The legal relationship lies between you and a Provider. Any queries or disputes you have regarding the goods/services pursuant to a Provider Product Programme.

8.3. 1Voucher terms and conditions

8.3.1.   The value of your 1Voucher (the “Face Value”) is printed on the 1Voucher slip or displayed on the digital receipt containing your 1Voucher code.

8.3.2.   1Voucher is a bearer document, and if it is lost or if the voucher is damaged, the voucher is gone and cannot be replaced. Never share your 1Voucher redemption pin with any person.

8.3.3.    1Voucher cannot be exchanged for cash or refunded in cash. Once a 1Voucher has been purchased it can only be redeemed at selected 1Voucher partners and is valid for three years.

8.3.4.   You can only redeem the full Face Value of your 1Voucher. Some 1Voucher partners may allow partial redemptions, in which case you will be issued a new 1Voucher for the value of change due.

8.3.5.   Partners who accept 1Voucher as a method of payment method or method to top up their wallets, and participating retailers who sell 1Voucher may change from time to time without notice to you.

9. Security

9.1. You understand that the use of the App or Website with the Access Codes allows access to your Prepayment and Account.

9.2. You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

9.3. If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment and Account on your behalf, as your agent with full authority to do so.

9.4. You must notify us immediately if you have reason to think that someone else obtained your Access Codes. We will not be liable for any losses or costs incurred due to someone else accessing your Account.

10. Changes

We are entitled to change the Terms and Conditions at any time. Your continued use of the App or Website, or purchase or redemption of a 1Voucher, means that you have accepted such changes.

11. Intellectual property

11.1. Subject to any intellectual property rights held by any other third parties or Providers:

11.1.1.   We keep, or we are licensed, all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App or Website; and

11.1.2.   We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

11.2. You acknowledge that you:

11.2.1.   will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App and Website;

11.2.2.   will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App and Website in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

11.2.3.   will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App and Website, or any other intellectual property which may be confusingly similar thereto in any country;

11.2.4.   will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App and Website in any country;

11.2.5.   will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App and Website or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

11.2.6.  You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App or Website, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

12. App Store

You acknowledge and agree:

12.1. These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

12.2. To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

12.3. Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

12.4. If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

13. Your Personal Information

13.1. By registering, you consent:

13.1.1.   to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (Personal Information) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002; and

13.1.2.   that educational and/or informative messages will be sent to you; to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

13.2. Where you have given your consent, you also agree to:

13.2.1.   the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who maybe outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about goods and services to you;

13.2.2.   the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

13.2.3.   the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes; and

13.2.4.   us using your Personal Information to send you information about goods, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you.

13.3. Subject to applicable law, you may access the Personal Information Flash has about you by contacting our call centre and requesting that applicable corrections be made.

13.4. If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

13.5. The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

13.6. If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

14. Termination and suspension

1.1. We are entitled to cancel, terminate or suspend your use of the Website or App in respect of all Transactions or selected types of Transactions, or the ability to purchase or redeem 1Voucher, immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if:

14.1.1.   we have reason to believe that the App or Website has been or is likely to be misused;

14.1.2.   suspect any illegal use of the App or Website;

14.1.3.   you gave false or inaccurate information;

14.1.4.   you fail and/or refuse to follow our User Guide or other instructions;

14.1.5.   you are in breach of these terms and conditions or the provisions of any other agreement between us;

14.1.6.   law forces us; or

14.1.7.   if we need to protect our interest.

14.2. We reserve the right to terminate or suspend your access to the App, the Website or your ability to purchase or redeem 1Vouchers immediately, without any liability to you or any third party.

14.3. You may also terminate your relationship with us with immediate effect upon notice to us via email us on hello@1Voucher.co.za

14.4. Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

15. Disclaimer, Limitation of liability & Indemnity

15.1. Due to system failures and/or time outs of third-party service providers, the uninterrupted availability of the Website, App and 1Voucher cannot be guaranteed although we undertake that we will take reasonable steps to mitigate any down time of our systems.

15.2. If the App, Website or the ability to purchase or redeem 1Vouchers are not available due to a factor beyond our control, or where the App or Website is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

15.3. You use the App or Website at your own risk. The App and Website is not error-free and is being provided on an AS IS basis without warranty of any kind.

15.4. We will not in any circumstances be liable for any consequential or in direct losses however these may arise or for any other unusual losses. In particular, Flash shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

15.5. The legal relationship with regards to any goods and/or services purchased pursuant to a Product Provider Programme sits solely between you and the Provider. We shall not be liable for any claim whatsoever which may arise from any goods and/or services pursuant to a Product Provider Programme.

15.6. We will not be liable for any claims, loss or damage resulting from claims that Products are defective where we act as agent for the Provider thereof.

15.7. You indemnify Flash against any loss suffered by it, whether direct or consequential or claims instituted against Flash by virtue of your use of the App or Website.

16. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, Flash may classify your Account as dormant and you may have to call the Flash call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

17. General

17.1. You are not, without the consent of Flash, entitled to cede, delegate or sub-license all or any of your rights and/or obligations in terms of your contractual relationship with Flash to any third party. Flash shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by Flash.

17.2. No indulgence, leniency or extension of time which Flash may grant or show to you shall in any way prejudice Flash or preclude Flash from exercising any of its rights in the future.

17.3. You may not change any of these Terms and Conditions or any terms or User Guides provided to you from time to time with regards to the App and Website.

17.4. No waiver of any right of Flash, shall be effective unless reduced to writing and signed by Flash.

17.5. Flash shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.

17.6. Flash chooses its domicilium citandi et executandi as 36 Stellenberg Road, Parow Industria.

17.7. You can contact Flash by sending an email to hello@1Voucher.com.

17.8. Our legal relationship with you and the Terms and Conditions are governed by the laws of the Republic of South Africa.

1ForYou app Terms and Conditions

1ForYou can be used to top up selected partner product wallets. The Frequently Asked Questions on the 1ForYou website details how third-party wallets can be topped up using 1ForYou. The total value of the 1ForYou will be credited during the top up process on the partners website.

1ForYous are bearer documents and is akin to money and if it is lost or if the voucher is damaged the voucher is gone and can’t be replaced. 1ForYous can’t be exchanged for cash or refunded in cash. Once a 1ForYou has been purchased it can only be redeemed at selected 1ForYou partners and is valid for three years. Partners accepting 1ForYou as a method to top up their wallet and participating retailers who sell 1ForYous may change from time to time

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1ForYou can be used to top up selected partner product wallets. The Frequently Asked Questions on the 1ForYou website details how third-party wallets can be topped up using 1ForYou. The total value of the 1ForYou will be credited during the top up process on the partners website.

1ForYous are bearer documents and is akin to money and if it is lost or if the voucher is damaged the voucher is gone and can’t be replaced. 1ForYous can’t be exchanged for cash or refunded in cash. Once a 1ForYou has been purchased it can only be redeemed at selected 1ForYou partners and is valid for three years. Partners accepting 1ForYou as a method to top up their wallet and participating retailers who sell 1ForYous may change from time to time

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

1ForYou App standard Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions.  If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2. How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1ForYou from time to time whether electronic or otherwise. You must communicate the PIN to 1ForYou within a period of 3 years after the date of issue of the voucher in order to load your Account with the relevant amount – if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 You means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4. Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5. Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you Transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6. Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7. Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8. Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9. Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and

9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10. App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11. Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (“Personal Information”) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 that educational and/or informative messages will be sent to you;

11.1.3 to receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 the collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct’s your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and request that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12. Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13. Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 we have reason to believe that the App has been or is likely to be misused;

13.1.2 suspect any illegal use of the App;

13.1.3 you gave false or inaccurate information;

13.1.4 you fail and/or refuse to follow our User Guide or other instructions;

13.1.5 you are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 law forces us; or

13.1.7 if we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on connect@1ForYou.co.za.

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential, or claims instituted against 1ForYou by virtue of your use of the App.

15. Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16. General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.4 No waiver of any right of 1ForYou, shall be effective unless reduced to writing and signed by 1ForYou.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17. Online 1ForYou Voucher Purchases

1ForYou vouchers purchased on the website are non-refundable.

For any queries relating to online voucher purchases please contact support@1foryou.com

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue.

All other T’s & C’s for 1ForYou voucher also apply to online voucher sales.

3D Secure processing
This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service.

This 3D Secure process is how your bank (issuing bank, eg. ABSA, FNB, Nedbank, Standard Bank etc) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure ?
The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction

Who sends the OTP ?
The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP ?
As a customer, should you not receive an OTP, you would need to
1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc)
2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)
Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) – Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety
No sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payments systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

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