TERMS AND CONDITIONS OF SERVICES
1. Introduction
The provision of services by Jakira (Pty) Ltd (to be referred to as “EPALVEND” throughout this document) facilitating the purchase of prepaid mobile and/or data airtime (“Top-up”) and prepaid vouchers (“Vouchers”) (together the “Products”) (“Services”) relating to services to be provided by mobile operators and other third parties through the websites www.epalvend.com and any associated EPALVEND mobile applications, present or future (together, the “Applications”) and your use of the Applications and access to the Services are subject to your acceptance of these terms and conditions (“Agreement” or “Terms”). By using the Applications, you expressly agree to be bound by these Terms. Please read these Terms carefully before accessing or using the Services and Applications. You should print a copy of these Terms for future reference.
If you object to any of the terms and conditions of this Agreement or any subsequent modifications to them or become dissatisfied with your use of the Applications or Services in any way, you may: a) discontinue your use of the Applications and/or Services; and b) close your virtual account (“Account”) by notifying us in writing by email or otherwise (see contact information below). No other legal or otherwise remedy is available to you save for a) and b) mentioned above.
2. Information About Us
The Applications are operated, and the Services are provided, by Jakira (Pty) Ltd t/ a EPALVEND (”EPALVEND,” "we " or"us “), a business in the consumer industry. Jakira (Pty) Ltd is incorporated in the Republic of South Africa with registration number 2012/016475/07 and has its registered office at 2nd Floor, West Tower, Nelson Mandela Square, Sandton, Johannesburg, Gauteng Province. South Africa. 2196. Direct communication is via email: info@epalvend.com.
3. Registration
To use the Services, you may elect to register for a Merchant or Personal Account. You can do this by filling out the appropriate information on the registration screen on the relevant Application. Upon registration, your account will be verified as per the information and guidelines issued and activated for your use. When registering, you may supply personal information, including your email address, phone number, and financial information. You may also choose a password. All data you provide to us as a customer will be treated in accordance with our Privacy Policy.You agree that the information supplied on registration will be truthful, accurate, and complete. It is your responsibility to inform us of any changes to that information. You are entirely responsible for all activities which occur when using your email address, phone number, and/or password (“Login Details”) in relation to your Account, including unauthorised use of your Account or any payment method including debit or credit card. You must not disclose your password, whether directly or indirectly, to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details if you become aware of any unauthorised use of your Login Details. Login Details may only be used by a single user and are not transferable. Please note that your Login Details may be used on all Applications. These Terms will apply to the use of Services on any of the Applications. If you are under 18 years of age, you represent to EPALVEND that you have obtained a parent/guardian's consent and that your parent/guardian has reviewed and agreed to these Terms prior to using the Applications. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorised to accept these Terms on behalf of that employer, company, or entity.
4. Your Data
EPALVEND will comply with all of its obligations under applicable data protection law with regard to relevant data in its possession relating to you. Data collected by us as part of the Services will be treated in accordance with our Privacy Policy. This document sets out how we use and protect the information you provide to us. We recommend that you read the Privacy Policy carefully.
5. Customer details separate from card details
Customer details will be stored by (EPALVEND) separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
6. Card acquiring and security
Card transactions will be acquired for EPALVEND via PayGate (Pty) Ltd, the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
7. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
8. Use of Services and Cost
You agree to use the Applications and Services solely in accordance with these Terms and to comply with applicable law and the provisions set out in these Terms. You may not use the Applications or Services: (i) in violation of any law, statute, rule, or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral, or indecent activity; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by EPALVEND in respect of the mobile phone operators and other service providers available on the Applications (which are subject to change and availability). You will be required to input certain information (e.g. a receive mobile phone number or email address) in respect of the Services or the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up and Vouchers, you will then be required to select the amount of Top-up that you wish to be delivered or the value of the Voucher you wish to purchase.
If the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable FX rate on the payment date and an airtime conversion fee will be applied. You may also be charged a secure online processing fee in respect of any Product you purchase through the Applications.Services are provided by EPALVEND upon successful payment by you. In the case of Top-up or Vouchers, you agree and understand that EPALVEND only acts on your authorisation to send the Top-up or Voucher and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up or Voucher. Once a Top-up or Voucher is sent, it can be used immediately and therefore it cannot be refunded or removed. You acknowledge that you will lose the right to cancel the Services once they have been fully performed by EPALVEND.
9. Refund
The provision of goods and services by EPALVEND is subject to availability. In cases of unavailability, EPALVEND will refund the customer within thirty (30) days.
10. Your Instructions
You shall ensure that all instructions provided to EPALVEND through the Applications are accurate, complete, and true. In particular, the mobile phone number associated with an access account, to which any Top-up is to be credited must be correctly identified. You shall ensure that any instructions which are relayed back for confirmation are correct, accurate, and true. All confirmed instructions are final and binding upon you. EPALVEND and/or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate, or false information by you. You are solely responsible for any consequences related to the failure to provide accurate and true information or the failure to correct such inaccurate information prior to final confirmation.
11. Transactions Using Your Chosen Payment Method
You may purchase Products through EPALVEND Services using Visa, MasterCard, or any other payment methods available on the Applications from time to time. Any credit card, debit card, or other payment method which may be used on the Applications must have a valid billing address and valid issuing bank or other payment services provider. Upon receipt of a proper and complete request from you for Services, EPALVEND will charge the payment method provided by you. You authorise EPALVEND to act upon any instruction to charge the payment method provided by you through the Applications which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Applications. EPALVEND is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as EPALVEND deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Applications to comply with any internal policy. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.
EPALVEND shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence to these Terms, the proper use of the Applications as instructed by EPALVEND, and the absence of any misrepresentation, fraud, or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.
12 Your Obligations
The equipment and devices necessary to access the Applications shall be provided and maintained by you solely at your expense. If you access the Applications through a mobile device you may be charged by your mobile service provider for internet access on your device. You can download the mobile application from the app stores free of charge. You are solely responsible for ensuring that you
download any subsequent updates to the mobile applications from the relevant app store.
EPALVEND reserves the right to modify equipment and software requirements as necessary for it to continue or improve the provision of Services through the Applications. You acknowledge that compliance with these Terms is designed to minimise the risk of unauthorised use of the Applications and harm to you, EPALVEND, or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by law, you will be liable for any liability, loss, costs, or damages to EPALVEND or any third party as a result of your failure to adhere to these Terms.
13. Third-Party Services
EPALVEND will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. Any products purchased through the Services will have their own terms and conditions, including applicable expiry dates and any other applicable restrictions and requirements. EPALVEND advises you familiarise yourself with any such terms and conditions before purchasing any products through the Services. You must make your own inquiries with the relevant third-party supplier directly before relying on the third-party information or entering into a transaction in relation to the third-party products and services referred to on the Applications. Service providers are fully responsible for all aspects of their Products.
14. Withdrawal of Services
These Terms apply to every Product you purchase through the Applications. EPALVEND may disable your Account and suspend or withdraw the use of the Applications and/or the Services provided through it:
(i) upon reasonable prior notice to you;
(ii) immediately upon breach by you of these Terms or where EPALVEND reasonably believes you are in breach of these Terms;
(iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not or another contractual incapacity. EPALVEND reserves the right to commence debt collection actions within the bounds of the law under these conditions;
(iv) immediately if EPALVEND reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute or regulation; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by EPALVEND from time to time.
These Terms do not have a minimum or finite duration and will continue to be binding on you for as long as you have an Account with EPALVEND . You may cease using the Applications or Services and/or close your Account at any time without reason by giving EPALVEND written notice to that effect but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.
EPALVEND reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Agreement or suspension or withdrawal of the Services. EPALVEND is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after the termination of the Agreement or after any suspension or withdrawal of the Services.
15. Variations of the Terms
EPALVEND reserves the right to modify, amend or vary these Terms for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means, email or by posting a message on the Applications.
16. Links to other Websites
Access to and use of the Applications is at your own risk and EPALVEND does not represent or warrant that the use of the Applications or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. Some pages on the Applications may link to websites or applications not created or maintained by EPALVEND. You are hereby adequately notified and forewarned that when entering other websites or applications via such links, the terms and conditions, benefits, and privacy protections afforded by our Applications will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or applications. EPALVEND is not liable in any way for the content, availability, or use of such linked websites and you agree that you may access such links entirely at your own risk.
17. Notices
Save where expressly provided, any notice required to be given by you to EPALVEND in connection with these Terms shall be given in writing and sent by email to info@epalvend.com. Save where expressly provided, any notice required to be given by EPALVEND to you in connection with the subject matter of these Terms may be given by email or by posting a message on the Applications. With your permission, EPALVEND may occasionally contact you to keep you updated about EPALVEND’s Services including new products, campaigns, and promotions. For further information please review our Privacy Notice.
18. Intellectual Property Rights
For the purposes of this Agreement “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights, and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or having an equivalent or similar effect to any of these which may subsist anywhere in the world.
You may only download, use, view, and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by EPALVEND or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trademarks) in any form is prohibited without EPALVEND’s prior consent, other than that which you are authorised by EPALVEND to print or download for personal, non-commercial use.
EPALVEND owns all Intellectual Property Rights in the domain name www.epalvend.com. takes cybersquatting very seriously. Please notify any suspected incidents to info@epalvend.com.
19. Suspension of Services
In the event of a disruption to, or a failure, unavailability, fault, or malfunction of, or connected to, any product or system used in connection with the Applications or the Services, or where there is a real or potential security risk, EPALVEND shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Applications or your Account for such reasonable period as may be required to remedy, address or resolve the issue. EPALVEND may also suspend access to the Applications and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to EPALVEND’s rights in Section 12 above, you further agree and acknowledge that your access to the Applications and/or your Account and/or Services may be immediately suspended where EPALVEND reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute, or regulation; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by EPALVEND from time to time. In the event of such suspension, EPALVEND may reinstate access to your Account and recommence providing Services to you at its sole discretion.
EPALVEND shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by fire, an act of government or state or another third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond EPALVEND’s control.
21. Security, Maintenance, and Availability
You agree, acknowledge, and accept that electronic communications, the internet, telephone lines, or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. As a consequence, EPALVEND cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications. From time to time it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades, or other reasons to:
make certain or all of the Applications or Services unavailable to you; and/or
delay implementation of any new Services; and/or
withdraw, replace, or reissue your password; and/or
change authentication procedures or processes for accessing the Applications or the Services, while using reasonable endeavours to minimise any inconvenience caused.
You acknowledge and agree that these events may occur and that EPALVEND bears no liability when such events occur. Where EPALVEND changes authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, EPALVEND may introduce these procedures by giving instructions to you via the Applications in respect of which such procedures are being introduced.
22. Agency and Assignment
You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person and that you may not subcontract or assign any of your rights or obligations under this Agreement.
23. Governing Law
This Agreement, the Applications, and the provision of Services will be governed by the laws of South Africa. If any claim or dispute arises from, out of, or in connection with this Agreement and/or your use of the Applications or any Services, you agree that the courts of South Africa will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.
24. Severability
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid, or unenforceable, that shall not affect or impair the legality, validity, or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
25. Customer Care & Contact Information
If you have any questions about this Agreement or any complaints or require any assistance with the Applications or the Services, we are always here to help. You can get in touch with us using this email: info@epalvend.com.