UtiliPay provides a means for consumers to purchase prepaid vouchers and make payments towards a municipal-held account, by combining existing internet banking methods and infrastructure.
The consumer’s access to and continued use of the UtiliPay website at the domain name www.utilipay.co.za (the "Site" or “website”) constitutes its acceptance of and compliance with the following provisions. The consumer is advised to familiarise itself with these provisions. If the consumer does not agree to these terms and conditions, it should immediately discontinue use of this Site. These terms and conditions may change from time to time and it is the consumer’s responsibility to check for such updates. The last revision date for these terms and conditions is set forth below.
Last revised: 1 June 2020
UtiliPay (Pty) Ltd (“UtiliPay”), reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the Site. It is the consumer’s obligation to periodically check these terms and conditions at the Site for changes and updates. The consumer’s continued use of the Site following the posting of changes or updates will be considered notice of its acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
1) Reserved Rights and Grant of Limited Licence
1.1 UtiliPay either owns the intellectual property rights in regard to the contents of the Site, including but not limited to the copyright thereof, or has acquired the necessary licences in the Intellectual Property, including, but not limited to, all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the "Intellectual Property").
1.2 As a user of the Site, the consumer is granted a limited licence to access and to use (display or print) short extracts of the Information for its own personal non-commercial use only, provided the Information is not modified. To the full extent permitted by applicable law, UtiliPay, will not be responsible for any consequences resulting from such use, save in the event of gross negligence on the part of UtiliPay. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching) or modified in any manner or form without the express prior written consent from UtiliPay.
1.3 The consumer may not use any meta tags or any other "hidden text" utilising the UtiliPay name, logos or trademarks without the express written consent from UtiliPay.
1.4 UtiliPay reserves the right to terminate the permission or licence granted by it in terms hereof and/or to restrict the use of and access to the Site.
2) No Solicitation
2.1 No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
3) No Endorsement
3.1 The Site may contain links to other sites. These links are provided as references to help the consumer to identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties not associated with UtiliPay, and UtiliPay does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, UtiliPay is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
3.2 A link to another site should not be construed to mean that UtiliPay and/or UtiliPay is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
3.3 The mention of another party or its product or service on the Site should not be construed as an endorsement by UtiliPay of that party or its product or service.
4) No Advice or Warranties
4.1 The Information on the Site including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. The consumer should not act or rely on any information at the Site without seeking the advice of a professional.
4.2 UtiliPay is not responsible for any content or information that the consumer may find undesirable or objectionable.
5) Confidentiality Warning
While every effort is made to ensure the privacy and security of the Site, absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. The Internet is vulnerable to interception and forging. UtiliPay will not be responsible for any damages that a consumer or any third party may suffer as a result of the transmission of confidential information that the consumer may disclose to UtiliPay through UtiliPay on the Internet, or that the consumer expressly or implicitly authorise UtiliPay to make, or for any errors or changes made to any transmitted information, save in the event of gross negligence on the part of UtiliPay.
6) Conformance with Law
The consumer warrants that its use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
7) Choice of Law
The laws of the Republic of South Africa shall govern as to the interpretation, validity and effect of these terms and conditions and the use of the Site notwithstanding your domicile, residence or physical location. The consumer hereby consents and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to these terms and conditions.
8) Submissions
8.1 Save for the provisions of clause 16 below, all information submitted to UtiliPay via the Site shall be deemed and remain the property of UtiliPay and UtiliPay shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to UtiliPay through the Site. UtiliPay shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by UtiliPay or required by law.
8.2 The consumer agrees not to impersonate another person in its use of the Site.
9) Disclaimer of Warranties and Limitation of Liability
9.1 This Site is provided on an "as is" and "as available" basis. The consumer should not assume that the Site will be error-free or that the Site will operate without interruption. UtiliPay makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials or products included on this Site. The consumer agrees that the use of this Site is at its sole risk, save in the event of gross negligence on the part of UtiliPay.
9.2 To the full extent permitted by applicable law, UtiliPay will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action, save in the event of gross negligence on the part of UtiliPay.
9.3 UtiliPay disclaims any liability for unauthorised use or reproduction of any portion of the Site.
9.4 UtiliPay does not warrant the availability of the Site or such service and shall not be liable in any respect for the temporary or permanent disruption in usage.
10) Refund/Cancellation Policy
10.1 UtiliPay shall, in no circumstances whatsoever, be responsible to refund a consumer through the use of the Site. Any and all claims by a consumer in respect of a refund or recharge must be directed to the relevant Municipality to which payment was made via the Site.
11) Velocity Checking and Payment Errors
11.1 UtiliPay accepts no responsibility should the consumer’s account be debited more than once as a result of the consumer’s incorrect or negligent usage of the Site (I.e. clicking more than once).
11.2 Should the consumer pay an incorrect amount or entity using to the Site, UtiliPay has no obligation whatsoever to rectify this error, save in the event of gross negligence on the part of UtiliPay.
12) System Security
UtiliPay is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost consumer data, or the unauthorised use of such consumer data.
13) Geographic limitations
Utilipay is available as a payment gateway to certain South African entities' only.
14) Transaction limits
Due to varying credit card levies imposed by the banking and credit card industry, UtiliPay may enforce any payment ceilings imposed from time to time.
15) User Information Confidentiality and Privacy Policy
15.1 Subject to the provisions of the submissions in clause 8.1 above, UtiliPay shall not use information posted by the consumer on this Site for any reason whatsoever, nor divulge same to any third party, save as may be required by UtiliPay in dealing with any payment or consumer query.
15.2 Neither the Site nor UtiliPay, will store transaction related information, including but not limited to, consumer banking details.
15.3 The details provided on this site by any consumer will not be given to any third party
16) Pricing Policy (ZAR)
16.1 All transacting and pricing on the Site is made in Rand (ZAR).
16.2 All prices are inclusive of VAT.
16.3 Pricing solely lies with the relevant Municipality By-Laws.
17) Internet Merchant Payments
17.1 Payments made through this site are subject to the provisions of Annexure A, which sets out the terms and conditions in respect of the use of the merchant payments platform.
BY REGISTERING ON THIS SITE AND / OR USING ANY SERVICES OFFERED ON THIS SITE YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER AS SET OUT HEREIN AND ANY ANNEXURES APPENDED HERETO.
ANNEXURE A
INTERNET MERCHANT PAYMENTS
TERMS AND CONDITIONS
1. Description of Services
Utilipay (Pty) Ltd (“Utilipay”) is a business in the prepaid utilities vending industry that has developed a software-based platform that facilitates the purchase and token generation of prepaid utilities.
2. Delivery Policy
Subject to availability and receipt of payment, requests will be processed within 24 hours and delivery confirmed by of token receipt.
3. Return and Refunds Policy
The provision of services by Utilipay is subject to the availability of the Utilipay vending system and the provision by the user of the correct information. In the event of a token not being received due to incorrect information being provided, Utilipay will not provide a refund.
4. Customer Privacy Policy
Utilipay will take all reasonable steps to protect the personal information of users of this website and payment platform. Utilipay manages the personal information of its users in accordance with its PAIA manual, established in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA).
5. Payment Options Accepted
Payment may be made by Visa or Mastercard, or by bank transfer into the Utilipay bank account, the details of which will be provided on request.
6. Card acquiring and security
Card transactions will be acquired for Utilipay by PayGate (Pty) Ltd who are the approved payment gateway for all South African 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. Customer details separate from card details
Customer details will be stored by Utilipay 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.
8. 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 South African Rand (ZAR).
9. Responsibility
Utilipay 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 services.
10. Country of domicile
This website is governed by the laws of South Africa and Utilipay chooses as its domicilum citandi ex executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, as The Lodge, First Floor, Hunts End, 38 & 42 Wierda Road West, Gauteng, 2196.
11. Variation
Utilipay may, in its sole discretion, change this agreement or any part thereof at any time without notice.
12. Company Information
This website is run by Utilipay (Pty) Ltd, a private company based in South Africa trading as Utilipay, and with registration number 2018/084424/07. Utilipay has 1 director and is a wholly owned subsidiary of Sebata Holdings Limited, a JSE-listed entity.
13. Utilipay contact details
Physical Address: The Lodge, First Floor, Hunts End, 38 & 42 Wierda Road West, Gauteng.
Email: support@utilipay.co.uk
Contact Number: