2. How to interpret these terms and conditions

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

2.2. “App” means the Muzmu WhatsApp, App and Website;

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 Muzmu system (using a unique account identifier);

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

2.6. “Muzmu”,“Muzmu Prepaid”, “us”, “we”, “our” means Muzmu (Pty) Ltd with registration number 2014/198184/07, a private company with address at 472 Spionkop Avenue, Johannesburg , South Africa, 2169 and “Mumzu” may further, as context dictates, mean Muzmu’s owned and operated Products;

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 for the sole purpose of purchasing our Vouchers and/or Products.

2.9. “Products” means any product and/or Voucher including but not limited to 1Voucher, Airtime, Electricty and Gift Vouchers;

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 or using the App, WhatsApp, or Website and which will be linked to your Account;

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

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 WhatsApp or Website. Transact has a similar meaning;

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

2.16. “Website” means https://www.muzmu.co.za; and

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

5. Registration

5.1. You must register for or you may be registered by the Muzmu system for:

5.1.1. 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

5.1.2. WhatsApp by giving permissions to your Personal Information should you wish to Transact; and/or

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

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

5.3. 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.

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

6. Use of the App and/or Website

6.1. 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.

6.2. 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.

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

7. Fees and costs

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

7.2. We reserve the right to pass on payment processing charges where applicable.

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

8. Transacting and refunds

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

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

8.3. 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.

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

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

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

8.7. 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.

8.8. Refunds /reversals

8.8.1. 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.

8.8.2. 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.

8.9. 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.

9. Payment

9.1. Muzmu's country of operating is South Africa and the Transaction currency is South African Rand (ZAR).

9.2. Payment on the App and Website can be made via i) Visa, MasterCard, Diners or American Express 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.

9.3. 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).

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

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

9.6. Charge backs or queries

9.6.1. 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.

9.6.2. 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.

9.6.3. 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.

10. Responsibility

10.1. Muzmu takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

11. Card acquiring and security

11.1. Muzmu acquires transaction via multiple Payment Gateways as listed below:

11.1.1. Card transactions acquired may be acquired for Muzmu via eCentric (Pty) Ltd who are 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.

11.1.2. Card transactions acquired will be acquired for Muzmu via PayGate (Pty) Ltd who are 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.

12. Customer details separate from card details

12.1. Customer details will be stored by Muzmu 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.

13. Delivery policy

13.1. Subject to availability and receipt of payment, requests will be processed immidiately in realtime and the digital voucher delivery confirmed on the App, Web or WhatsApp and by SMS, WhatsApp and/or email.

14. Product Terms and Conditions

14.1. 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.

14.2. 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.

14.3. 1Voucher terms and conditions

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

14.3.2. 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.

14.3.3. 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.

14.3.4. 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.

14.3.5. 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.

15. Security

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

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

15.3. 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.

15.4. 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.

16. Customer Privacy policy

16.1. Muzmu shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be accessed on: https://www.justice.gov.za/legislation/acts/2000-002.pdf.

16.2. Also see our privacy policy page.

17. Intellectual property

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

17.1.1. 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

17.1.2. 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.

17.2. You acknowledge that you:

17.2.1. 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;

17.2.2. 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;

17.2.3. 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;

17.2.4. 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;

17.2.5. 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

17.2.6. 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.

18. App Store

You acknowledge and agree:

18.1. 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;

18.2. 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;

18.3. 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

18.4. 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.

19. Your Personal Information

19.1. By registering, you consent:

19.1.1. 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

19.1.2. 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.

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

19.2.1. 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;

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

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

19.2.4. 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.

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

19.4. 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.

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

19.6. 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.

20. Termination and suspension

20.1. 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:

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

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

20.1.3. you gave false or inaccurate information;

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

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

20.1.6. law forces us; or

20.1.7. if we need to protect our interest.

20.2. 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.

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

20.4. 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.

21. Disclaimer, Limitation of liability & Indemnity

21.1. 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.

21.2. 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.

21.3. 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.

21.4. 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, Muzmu shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

21.5. 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.

21.6. 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.

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

22. Dormancy & Expiry

22.1 If there are no Transactions on your Account for a period of 90 (Ninty) consecutive days, Muzmu may classify your Account as dormant and you may have to call the Muzmu 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.

23. General

23.1. You are not, without the consent of Muzmu, entitled to cede, delegate or sub-license all or any of your rights and/or obligations in terms of your contractual relationship with Muzmu to any third party. Muzmu 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 Muzmu.

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

23.3. 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.

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

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

23.6. Muzmu chooses its domicilium citandi et executandi as 472 Spionkop Avenue, Johannesburg, 2169.

23.7. You can contact Muzmu by sending an email to support@muzmu.co.za.

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