Acceptance of these Terms and Conditions of Use concludes a contract between 3PayMe (Pty) Ltd and yourself and governs your use of any of the 3PayMe services available now or in the future.
Acceptance of these Terms and Conditions of Use means that you have accepted all of the terms and conditions contained in this agreement.
3PayMe retains the right to amend this Agreement at any time by updating the version of the document available on the 3PayMe website.
All revisions and changes will be effective with immediate effect upon publication.
Please be aware that we may close, suspend, or limit your access to your account on the 3PayMe service if you are in breach of this agreement or any other agreement you may enter into with 3PayMe.
You are responsible for understanding and complying with any and all laws, rules and regulations applicable to the transactions for which you make use of the 3PayMe service.
Purpose and Responsibilities
3PayMe is a payment facilitation service and acts as such by creating, hosting, maintaining and providing our 3PayMe services to you via the Internet. Our service allows you to make or receive payments for goods in accordance with a controlled, low risk, trusted payment protocol.
3PayMe is not a remittance business or a money transfer service.
We do not have any control over, and are not responsible or liable for the products or services that are paid for with our 3PayMe service.
It is your responsibility to maintain care in all your dealings and to ensure that 3PayMe Release Codes and the respective product or service is transacted simultaneously between seller and buyer.
Eligibility to use the service
To be eligible to use the 3PayMe service as a seller, you must be in procession of a valid bank account and a valid email account.
To be eligible to use the 3PayMe service as a buyer, you must be in procession of a valid email account and an applicable and valid bank account with a payment card or be a member of an applicable payment service.
In order to open and maintain a 3PayMe account, you must provide us with your contact email address.
It is your responsibility to keep your contact email address up to date so that 3PayMe can communicate with you electronically.
You understand and agree that if 3PayMe sends you an electronic communication but you do not receive it because your contact email address on file is incorrect, out of date or blocked by your service provider, or you are otherwise unable to receive electronic communications, 3PayMe will be deemed to have successfully provided the communication to you.
If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you should add 3PayMe to your email address book so that you will be able to view the communications that we send to you.
You can update your contact email address at any time by logging into the 3PayMe website.
By using a debit card, credit card or other applicable payment service as a payment method on the 3PayMe website, you are providing 3PayMe and its payment partner with authority to automatically charge that card or payment service account to obtain the relevant funds when the card or payment service is used as a payment method.
When you make a payment against a 3PayMe tag but do not make use of the Release Code that is provided to you and instead choose to reverse the payment that was made, then the payment will be returned to your bank or payment service account less the transaction fee incurred as a result of the bank processing fee applied to that payment.
Payments made to you as a Seller by 3PayMe once a Release Code has been submitted, will be processed through an automatic payment process and the funds may take up to 48 hours to reflect in your bank account, depending on inter-bank payment delays.
Payments made to you as a Seller by 3PayMe will have the processing fee deducted that was initially disclosed with the creation of the Sales Tag for which the payment applies.
Once a Release Code has been submitted against a specific tag then this cannot be reversed and payment will be made to the Seller.
The general terms and conditions of use provided by the card payment gateway provider or payment service provider apply in full to all payments made by users of the 3PayMe service.
You are responsible for maintaining adequate security and control of any and all username and password information or any other secret information or codes that you use to access the 3PayMe service or that are provided to you by the 3PayMe service.
With regards to the use of the 3PayMe website, your account or the 3PayMe service, or in the course of your interactions with 3PayMe or other users of the service, you agree that you will not :
• Breach this agreement or any other policy that you have agreed to with 3PayMe.
• Violate any law or regulation.
• Infringe 3PayMe or any third party's copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy.
• Act in a manner that is defamatory, libelous, threatening or harassing to 3PayMe’s subsidiaries, affiliates, company officers, company directors, agents, joint venture partners, employees, service providers or other 3PayMe users.
• Provide false, inaccurate or misleading information.
• Engage in fraudulent or suspicious activity or transactions.
• Send unsolicited emails to a 3PayMe user.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Facilitate any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
• Use a proxy to render yourself anonymous or use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.
• Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
3PayMe will attempt to resolve any disputes as effectively as possible to your satisfaction and with where possible, a neutral and cost effective outcome.
Limitation of Liability
In no event shall 3PayMe, its subsidiaries, affiliates, company officers, company directors, agents, joint venture partners, employees or service providers be liable for lost income or any special, consequential or incidental damages (including damages for loss of data or business) arising out of the use of or in connection with, the 3PayMe website, the 3PayMe services or this agreement, howsoever arising including negligence.
3PayMe is not a bank nor a financial services provider and the 3PayMe services are payment processing services and are not banking services. 3PayMe is acting only as an escrow payment custodian. 3PayMe does not have control of, or liability for, the products or services that are paid for with the 3PayMe service.
3PayMe does not guarantee the identity of any user.
3PayMe does not have any control over the products or services that are paid for with the 3PayMe services and 3PayMe cannot ensure that a buyer or a seller will actually complete the transaction or is authorized to do so.
3PayMe does not guarantee continuous, uninterrupted or secure access to any part of the 3PayMe service, and operation of the site may be temporarily suspended for maintenance or upgrade or be interfered with by numerous factors outside of our control.
3PayMe will make reasonable efforts to ensure that all payments are processed in a timely manner but 3PayMe makes no representations or warranties regarding the amount of time needed to complete processing because the services provided are dependent upon many factors outside of our control, such as delays in the banking system or mail service.
"3PayMe.com" and all other URLs, logos and trademarks related to the 3PayMe services are either copyright protected, trademarks or registered trademarks of 3PayMe or its licensors.
You may not copy, imitate or use them or any part of the 3PayMe website or applications without 3PayMe’s prior written consent.
You agree to defend, indemnify and hold 3PayMe, its subsidiaries, affiliates, company officers, company directors, agents, joint venture partners, employees or service providers harmless from any claim, any demand, fine or other liability incurred by yourself or any third party due to or arising out of your or your employees’ or agents’ use of the 3PayMe service or breach of this agreement.
In the event of our failure or delay to act with respect to a breach by you or others, our right to act with respect to the breach or any subsequent or similar breaches is not waived.
If you receive information about another user through the 3PayMe service, you undertake to keep the information confidential and only use it in connection with the 3PayMe service. You may not disclose or distribute another user’s information to a third party or use the information for marketing purposes unless you receive that user's express consent to do so.
This agreement provides the entire understanding between you and 3PayMe with respect to the 3PayMe service. All terms which by their nature should survive the termination of this agreement, will survive the termination of this agreement. If any provision of this agreement is deemed to be invalid or not enforceable then that provision shall be struck from the agreement and the remaining provisions shall be enforced.
3PayMe reserves the right to transfer or assign this agreement or any right or obligation under this agreement at any time.