1.1 mysmartcash is offering a card-less payment platform that allows customers to pay for goods and services, send and receive money at the merchants using PIN and/or biometric fingerprint technology.

1.2 You are reading this document because you are interested in partnering with mysmartcash. This mean that you will be able to register and open mysmartcash account and that mysmartcash is able to offer you with a card-less transacting services and or other products.

1.3 The words ‘we’, ‘us’ and ‘our’ mean mysmartcash. The word ‘you’ mean you, the person or merchant or any legal business entity interested in subscribing or opening an account with us or using our Products and Services.

1.4 When you register or subscribe to open an account with us or use any of our products, you are subjected to the terms and conditions (“this agreement”) set out hereunder. you may not use or access any of our products and services if you do not agree to these mysmartcash terms and conditions.

1.5 This document is the agreement between you and us and by continuing to use or access any of our products and services, you indicate your acceptance of these terms and agree to be bound by any such modified terms and conditions.

1.6 These terms and conditions (“Agreement”) will be send to you using the email address that you give us during registration. The agreement and terms will also be available on our website www.mysmartcash.tech.

1.7 It is important that you read and understand this document before you agree to these terms. If you do not agree to these terms whether new or modified, you may not use our products and services.

1.8 You can contact us on www.mysmartcash.tech if you do not agree or understand any of these terms.

1.9 These terms and conditions are subject to the Customer Protection Act, 2005 CPA. If there is anything in these terms that conflicts with the Customer Protection Act, then the Customer Protection will apply.

2.1 If you want to sign up as a customer:

• you must be 16 years or older.

2.2 If you want to sign up as a merchant

• you must be 16 year or older and/or a legal entity or an informal trader or individual person with a sellable product or service to people.

2.3 If you want to sign up as an institution,

• you must be a registered business entity or have binding terms of the laws applicable to that entity.

2.4 You confirm that the information that you provided to us during registration is true and correct and that we can rely on this information:

• If you are acting on behalf of another person, they have given you permission to act on their behalf
• If you allow someone to act for you and do anything in relation to your accounts, that person also agrees with these terms.
• If any of the information you give us is not true and correct, we will not enter into this agreement with you or provide you with our products and services.
• If we find out later that the information you gave us is not true and correct, we have the rights to terminate or suspend any of our services and products to you until such time that you provide us with true and correct information. If any of your information changes, you agree to tell us about the changes as soon as possible using any of our communication channels that are available to you. You also agree to update your information regularly though our website
• We will give you a reasonable notice before closing or suspending your account or before stopping you from accessing our products, unless the law forces us to act immediately.  Reasonable mean we will tell you before we close or suspend your account.
• If you are unhappy with any of our services or products offerings, please feel free to lay a complaint against us at the relevant authorities.

3.1 You will be notified of any changes to these terms and conditions.

3.2 Any changes that result in a benefit for you will also be explained to you.

3.3 Any changes that affect your rights adversely will be explained to you thirty days before the changes are effected.

3.4 Should you not be happy with the proposed changes, you may cancel your account and you will remain liable for any fees that are due to us.

3.5 Should you continue to use your account after the changes have been effected then it means you agree to the changes.

4.1 You agree to pay transaction fees and charges for the services and products, we offer to you.

4.2 You agree that we can charge any fees and costs to you immediately when you use our product or service or once a month for the product or service you used during the month.

4.3 You agree that we can deduct any fee and additional costs you owe us directly from the account you have with us.

4.4 You agree that we reserve the right to change the fees and additional costs for your products and services. Should we need to change fees and additional costs, we will tell you about these 30 days before the changes happen, using the contact details you have given us.

4.5 If you do not agree to the fees and additional costs, you can close an account with us or stop using our product and service at any time. You have to pay any amount you owe on your account when you close the account.

4.6 If you continue to use our product after we make the changes it means that you agree to the changes.

4.7 You can lay a complaint if you believe that the changes are unfair to you.

• You agree that we can use any of your information you gave us including but not limited to names, ID number photograph and biometrics data to check and verify your identity with the relevant authorities.

6.1 You agree that we must follow local and international laws to prevent money laundering and other organized crime.

6.2 You agree to provide us with any document we might need to follow these local and international laws to check the information you give us about yourself. We can close or suspend your account if you refuse to provide the required documents.

6.3 You agree that we can report information about your account to local and international authorities without telling you, if the law forces us to do so.

6.4 If your account is suspected to be used for illegal activities, you agree that we can close or suspend your account without telling you.

7.1 Events that are out of our control could cause a service interruption that stops you from accessing our services for some time.

7.2 We do not have to tell you know about service interruptions before they happen if we do not have enough time, but we will try to let you know before a service interruption happens if this is possible

7.3 You agree that we will not be legally responsible to you in any way because of any interruptions which were beyond our reasonable control.

8.1 By signing up for an account with us, you agree that you give us permision to use your account for electronic channels like website, telephone, email, apps or our kiosk.

8.2 You further agree that we may proceed with your electronic instructions without any further consent.

9.1 Any breach of these terms and conditions will result in suspension of your account and you will not be able to sign in unless the breach is remedied within a stipulated period from the date that you are made aware of such breach.

9.2 Failure to remedy the breach within the period allowed will result in permanent termination of your account.

9.3 In the event of the termination referred to in 9.2 you will be reimbursed what is due to you and further be debited for any amount owing to mysmartcash within 30 days of the date of termination.

10.1 When signing up with mysmartcash, you will be required to provide us with your contact details such as your email address, mobile number and postal address.

10.2 You hereby agree and consent for us to contact you on the information that you give us.

10.3 It is your responsibility to notify us of any change in your contact details.

10.4 We will not be responsible if information is sent to the wrong person as a result of your failure to notify us of any change in your contact details

10.5 If your contact details are not correct and we need to find you, we will make use of any available channels to communicate with you.

10.6 We will contact you by telephone, SMS, WhatsApp and email.

10.7 Should you not wish to receive direct marketing messages from us, you can update your marketing preferences on your profile.

11.1 If we need to send you any communication about these Terms (‘Notice’), including notices, consents, or approvals, you agree that we can use the latest contact details you have given us. You agree that we can give you any Notice by writing to you or speaking to you.

11.2 If you need to send us any notice you can send it to funds@mysmartcash.co.za.

11.3 Any changes that we make of the abovementioned contact details will be communicated to you before such changes are made.

11.4 Any Notice sent by you or us will take effect when the other person (‘recipient’) receives it, or on the date specified in the Notice

11.5 Unless you can prove otherwise, any notice that we send to your contact details will be considered to have been received by you.

12.1 By continuing to use our products and services, you indemnify and hold us free against any claims, damages, liabilities and losses resulting directly or indirectly from your use of our products and services. Our agents, representatives, employees or directors will not be liable for any loss or damage caused to you or any other person.

12.2 You agree that you will pay us for the loss, any damage or costs which we may suffer due to you breaching any of these terms.

13.1 When you sign up and use mysmartcash, you accept that you will be giving us some of your personal information. Personal information is protected by law, including the Protection of Personal Information Act, 2013 (‘POPIA’).

13.2 We will store your personal information in a safe environment and take all reasonable steps to protect it. Our security procedures ensure that:

• your personal information is always correct;
• your personal information is only used when necessary; and
• nobody can view or take your personal information without permission.

13.3 When you complete your Application, you give us permission to share your personal information in the following ways:

• with regulators, law enforcement agencies, and government bodies when required by law
• with credit bureaus
• with fraud prevention agencies if you have given us false or incorrect information

13.4 We are required to share your personal information to SARS, the Financial Intelligence Centre (FIC), and to other regulatory bodies. To enable us to meet our obligations, you commit to inform us in writing:

• Should your contact information or address change
• Within 90 days, should you become a tax resident in another country.

13.5 To help make sure that your personal information is safe and secure, you must keep your passwords and pins safe and secret.

13.6 When you send us any personal information and when we store your information, we encrypt it using appropriate security technologies and procedures. Encrypting makes it difficult for your personal information to be viewed or used without permission.

13.7 You may contact us at funds@mysmartcash.co.za to find out more about how we keep your information safe.

14.1 If you end our Agreement, you will lose the right to use our platform. We recommend that you download and save all information saved on our platform before ending our Agreement or deleting the platform.

14.2 We have the right to end this Agreement, close your Accounts, or stop you from using our platform at any time after we give you reasonable notice.

14.3 You have the right to end this Agreement by giving us notice in writing.

14.4 If you have Accounts with us and there is money in the Accounts when this Agreement ends, or if we are closing your Accounts, you will first be given the opportunity to clear the money from your Accounts. If you do not clear the money before the Account is closed, we will take the required steps to ensure it is made available to you by other means.

14.5 If there is an outstanding balance on your Account, we will request full payment for all transactions subject to any arrangements you have with us on your Account.

15.1 Merchant and Customer Requirements

• As a merchant you agree to download and install our mobile App on any of your smartphone in order to facilitate payments.
• Customer also agree to provide the required information such as names, ID Photo, mobile number and or ID number. This information will be captured on any of our channels.
• Customer agrees that third party wallets or accounts may automatically be linked and added to your profile. Wallet can be disactivated and removed from your profile via any of our channels.
• Merchant agrees to help the customer to register and open account for our products and services.
• Merchant agrees not to use any of the information provided by the customer for anything except for the purpose of our services
• Merchant agrees to help the customer to perform a transaction using merchant’s smartphone or a kiosk device.
• Merchant agrees that transactions can only be executed from a smartphone or kiosk device that belongs to the merchant.
• Merchant agrees to take responsibility of any of the devices or kiosk used to perform the transactions.
• Merchant will be responsible for granting user access to their employees or any person that may be required to act as a point of sale persons to help the customer to make a payment.

15.2 Money Transfer

• A Person to Person payment service (P2P) that allows you to send and receive money from anyone around the globe. Send money via EFT or at the nearest participating merchant. Withdraw money in your local currency at the merchant closest to you.
• As a merchant you agree to reserve enough cash for customer withdrawals. All the money belongs to the merchant and It is your responsibility to ensure that the money is in a safe place. We will not take any responsibility for any loss or cash robbery at the merchant.
• Merchant agree to receive an incentive of R6 per transaction for any cash withdrawal made by the customer.
• Merchant agree to receive an incentive of R6 per transaction for any cash deposit or send made by the customer. The balance amount will be credited to the merchant’s account.
• Merchant agree that the credit amount or available funds can be withdrawn into a bank account. Merchant agree to submit fund withdrawal request using our online channels and products.
• Merchant agree that funds that are withdrawn may take up to 24 working hours to be processed and reflect into the nominated bank account.

15.3 Payment of goods

• Merchant agree to accept payment of goods from our customers.
• Merchant agree to a charge of 2% of the transaction amount. This charge will be taken out from the total amount paid by the customer. The balance amount will be credited to the merchant’s account.
• Merchant agree that the credit amount or available funds can be withdrawn into a bank account. Merchant agree to submit fund withdrawal request using our online channels and products.
• Merchant agree that funds that are withdrawn may take up to 24 working hours to reflect into the nominated bank account.

15.4 Payment Collections

• A payment collection service between a service provider and its Members. Payment can be made in cash at any participating merchant or via EFT using online banking channels.
• As a merchant you agree to load funds into our bank accounts in order to take cash payments from any person.
• As a merchant you agree to take cash deposits amount that is equivalent to the funds available in your account.
• As a merchant you agree to receive an incentive of R6 per transaction for any cash payment or made by the customer. The balance amount will be credited to the merchant’s account.
• Merchant agree that the credit amount or available funds can be withdrawn into a bank account. Merchant agree to submit fund withdrawal request using our online channels and products.
• Merchant agree that funds that are withdrawn may take up to 24 working hours to reflect into the nominated bank account.