PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications for South Africa (the “Services”). If you have any questions, comments, or concerns regarding the Services, please contact us at enquries@smartpay.co.za.

These Terms of Use (the "Terms") are a binding contract between end users (“you”) and Point Of Sale (hereinafter collectively referred to as "Partner ", “we”, and “us”). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Please read these Terms carefully before using https://pos.shopespot.com/ (“the Site”) operated by (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://pos.shopespot.com/.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

1. Usage of these Services

1.1. You may be required to sign up for an account, and select a password and user name (“Partner ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.

1.2. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf and in which case, your parents or guardians represent that you are using the Services with their consent, active involvement and guidance).

1.3. You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by any applicable laws, then you aren't authorised to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

1.4. You will not share your account or password with anyone, and you must protect the security of your account and your password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You're responsible for any activity associated with your account.

2. Your use of the Services is subject to the following additional restrictions:

2.1. You represent, warrant, and agree that you will not contribute, host, display, upload, modify, publish, transmit, update or share any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else;

2. Violates any law or regulation, including any applicable export control laws;

3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, pornographic, paedophilic, libelous, invasive of another's privacy, racial or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or menacing in nature or otherwise objectionable;

4. Harms minors in any way;

5. Runs Mail list, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

6. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

7. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;

8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

2.2. A violation of any of the foregoing is grounds for removal of Content or User Submission, suspension or termination of your right to access or use the Services.

3. What are your rights in the Services?

3.1. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.

3.2. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you,

1. without the prior consent of the owner of that Content or

2. in a way that violates someone else’s rights.

3.3. You understand that Point Of Sale owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

4. Who is responsible for what you see and do on the Services?

4.1. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

4.2. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

4.3. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

4.4. Point Of Sale has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Point Of Sale will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

4.5. Your interactions with organisations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

5. General

We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

6. Do the Services cost anything?

6.1. It is currently free to access and browse the Services.

6.2. Should you choose to purchase products through the Services, you alone will be responsible for paying the purchase price of any products you buy, in addition to any taxes and/or delivery costs to the third party such purchases are made from. The purchase price of such services are subject to change at any time by such third party. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs or value-added taxes, and the delivery time and associated cost may increase accordingly.

7. Prices

7.1. You are responsible for reading the full item listing before purchasing an item. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s), as well as all shipping/delivery and handling charges and applicable taxes.

7.2. In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorised to use. You must promptly update your account with any changes related to your payment method.

7.3. Pricing or availability errors may occur from time to time. Point Of Sale reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice.

7.4. All prices quoted on the Website are in South African Rand (ZAR), and include Value Added Tax (VAT). Prices quoted are per product, as indicated.

7.5. All prices posted on the Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order which may vary daily and for each other.

8. Availability

8.1. All the products displayed on the website are subject to availability.

8.2. In the event of a particular Product included in your order not being available, we will contact you to suggest an alternative Product.

8.3. You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order.

8.4. Special promotions may be subject to certain conditions, including availability and limited offer stipulations.

8.5. Point Of Sale reserves the right to discontinue, or change, the specifications of our Products from time to time without notice, or to adjust our prices in which event you will be informed thereof at the time of confirmation of your order.

9. Direct Marketing

9.1. Users may, from time to time, receive information regarding new Products/promotions available on our Website. Should you not wish to receive any such notices, please send us an email at enquries@smartpay.co.za.

10. Warranty Disclaimer

10.1. Neither Point Of Sale nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.

11. Breach

11.1 Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:

1. if you breach the Term, privacy policy or other policies (if any);

2. if we are unable to verify or authenticate any information you provide; or

3. if it is believed that your actions may cause legal liability for you, other users, or us;

11.2. We may at any time, at our sole discretion, reinstate suspended Sellers. A Seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the Terms or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate authorities for initiating criminal or other proceedings against you.

12. Severability

12.1 If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

13. Confidentiality

13.1 During the course of your use of the Platform, you may receive information relating to us or to the Services that is not known to the general public (“Confidential Information”). You agree that:

1. all Confidential Information will remain Point Of Sale exclusive property;

2. you will use Confidential Information only as is reasonably necessary for your participation in the Services;

3. you will not otherwise disclose Confidential Information to any other person or entity; and

4. you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.

13.2. You may not issue any press release or make any public statement related to the Platform or Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

14. Vouchers and Coupons

14.1 Point Of Sale may, from time to time, make physical or electronic gift vouchers or promotional coupons or discounts available for use on the Website towards the purchase of Products.

14.2 The use of such Vouchers and Coupons shall be subject to the Vouchers and Coupons Terms and Conditions, also available on our Website.

15. Records of transactions

15.1. Customers may access a full record of their transaction/purchase history by logging into their account on our Website. Records shall be maintained for a period of 12 (twelve) months.

16. Links to Third Party Sites

16.1. Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We merely provide these links as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.

17. Use of our logos, content and images

17.1. You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our intellectual property rights.

18. Trademark, Copyright and Restriction

18.1. The Website is controlled and operated by Shopespot and products are sold by respective registered Sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Shopespot or other Seller’s material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

19. Applicable law and jurisdiction

19.1 These Terms are to be governed, interpreted and implemented in accordance with the laws of South Africa.

19.2 Any dispute arising in relation to our Terms with you shall, to the extent permitted by law, be referred to arbitration in KwaZulu-Natal at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION OF SAME HEREAFTER.

If you have any questions regarding our Website, the Terms, products or services, please contact us.