These General Terms and Conditions (“Terms”) govern your use of the services provided by Bob Pay, a division of Bob Group (Pty) Ltd (Registration Number: 2000/010005/07). By accessing or using Bob Pay’s services, you agree to be bound by these Terms.

For merchants using Bob Pay’s services to receive payments, please refer to the separate Bob Pay Merchant Agreement (“Merchant Terms”), which are incorporated by reference into these Terms.

1. Definitions

1.1. Interpretation:

• Clause headings are for convenience and do not affect the interpretation of these Terms.
• Words importing any gender include all genders; the singular includes the plural and vice versa; natural persons include legal entities and vice versa.

1.2. Defined Terms:

• “App” means the Bob Pay mobile application.
• “Goods” refer to any items or products sold or purchased via an Online Store integrated with Bob Pay.
• “Losses” include any losses, damages, claims, expenses, penalties, fines, or liabilities arising from the use of the Services.
• “Online Store” refers to any e-commerce platform integrated with Bob Pay, including but not limited to Shopify, Bob Shop, WooCommerce, and others.
• “Personal Information” means information relating to an identifiable, living natural person or juristic person, as defined under the Protection of Personal Information Act, 2013 (POPIA).
• “Services” refer to the payment services offered to Users by Bob Pay.
• “Site” or “Website” means the Bob Pay website through which services are offered.
• “User” means any payer or payee using Bob Pay’s Services.
• “Bob Pay“, “we“, “us“, or “our” refers to Bob Group (Pty) Ltd.
• “You” or “Your” refers to the User of the Services.

2. Bob Pay Services

2.1. Acceptance of Terms:

• The use of Bob Pay’s Services is governed by these Terms, which may be updated from time to time. By using the Services, you agree to be bound by the latest version of these Terms.

2.2. Conflict of Terms:

• In the event of a conflict between these Terms and any other agreements (including those with Banks, Online Stores, or other Websites), these Terms shall prevail to the extent of the conflict.

2.3. Modifications:

• Bob Pay reserves the right to change or update these Terms or to impose new terms relating to the Services. Such changes are effective immediately upon notice, which may be provided via the Website or email. Continued use of the Services constitutes acceptance of the new Terms.

2.4. Third Party Payment Processor:

• Bob Pay is registered with the Payments Association of South Africa as a Third Party Payment Processor (TPPP) and acts as such on your behalf.

2.5. Appointment:

• You appoint Bob Pay as a TPPP to accept payments on your behalf.

2.6. Funds Handling:

• Bob Pay will keep User funds separate from its corporate funds and will not use such funds for operational expenses.

2.7. Payouts:

• Unless specifically arranged otherwise, payments will be settled directly to Bob Pay, and your Bob Pay account will be credited accordingly.
• Bob Pay may hold funds longer than the agreed payout periods if there is suspicion of fraudulent activity or a breach of these Terms.

2.8. Limitations:

• Bob Pay may impose limits on payments for security reasons and is not liable for payments made to unintended recipients or incorrect amounts due to User errors.

2.9. Nature of Service:

• Bob Pay provides payment processing services and does not act as an escrow service, trustee, or bank.

3. Bob Pay Account

3.1. Account Creation:

• To use Bob Pay’s Services, you must create an online account and provide accurate Personal Information, including your name, email address, phone number, and any other required information.

3.2. Account Security:

• You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account.

3.3. Account Information:

• You agree to provide and maintain accurate, current, and complete information about yourself as prompted by the account registration process.

3.4. Supporting Documentation:

• Bob Pay may require supporting documentation for account verification, which may include identification documents, proof of address, and other relevant information.

3.5. Discrepancies:

• You are responsible for reviewing your account transactions and must notify Bob Pay promptly of any discrepancies or unauthorised activities.

3.6. Account Suspension or Termination:

• Bob Pay may suspend or terminate your account and/or withhold funds if:
  • You engage in or are suspected of fraudulent or criminal activities.
  • You fail to pay fees or charges due to Bob Pay.
  • You violate these Terms or any applicable laws.
  • Your conduct adversely affects Bob Pay’s reputation or operations.

3.7. Support:

• Official support is provided via the Bob Pay support telephone line (+27 12 940 1060) and support email address (support@bobpay.co.za).
• Support will not be provided through social media platforms or personal contact details.

4. Payment for Goods and Services

4.1. Role of Bob Pay:

• Bob Pay is a payment platform provider and is not involved in the sale, supply, or control of Goods or services purchased through Online Stores or other Websites integrated with Bob Pay.

4.2. No Warranty on Goods:

• Bob Pay makes no representations or warranties regarding the quality, legality, or suitability of Goods or services purchased using its Services.

4.3. Disputes:

• Any disputes regarding the Goods or services, including but not limited to delivery, quality, legality, or suitability, are between you and the seller. Bob Pay is not responsible for resolving such disputes.

4.4. Compliance with Seller Terms:

• Your purchase of Goods or services may be subject to additional terms and conditions imposed by the seller or Online Store. You are responsible for reviewing and agreeing to those terms.

5. Fees and Payment

5.1. Transaction Fees:

• Bob Pay charges transaction fees for the provision of its payment Services. The applicable fees are displayed on your account dashboard or as otherwise communicated to you.

5.2. Fee Deductions:

• Transaction fees and any other amounts owed to Bob Pay will be deducted from your Bob Pay account balance.

5.3. Invoicing:

• A VAT invoice will be provided for all transaction fees incurred.

5.4. Billing Queries:

• Any billing-related questions or disputes must be directed to support@bobpay.co.za.

6. Personal Information

6.1. Consent to Processing:

• By using Bob Pay’s Services, you consent to the processing of your Personal Information for the purposes of providing the Services and facilitating transactions.

6.2. Sharing of Information:

• You consent to Bob Pay sharing your Personal Information with its agents, subcontractors, or third parties as necessary to provide the Services, which may include cross-border data transfers.

6.3. Third-Party Information:

• If you provide Bob Pay with Personal Information of third parties, you warrant that you have obtained all necessary consents and authorisations from such parties.

6.4. Data Security:

• Bob Pay will take reasonable precautions to protect your Personal Information from loss, theft, misuse, or unauthorised access.

6.5. Accuracy of Information:

• You warrant that all Personal Information provided is accurate, complete, and up-to-date.

7. General Use of the Website and Platform

7.1. Intellectual Property:

• The Website and its content are protected by intellectual property laws. You may not copy, modify, distribute, or exploit any content without prior written consent from Bob Pay.

7.2. Prohibited Conduct:

• You agree not to engage in any of the following activities:
  • Violating any applicable laws or regulations.
  • Attempting to interfere with or compromise the integrity or security of the Website or Services.
  • Transmitting any harmful, offensive, or illegal content.
  • Harassing, threatening, or abusing Bob Pay staff or other Users.
  • Collecting or harvesting any Personal Information from the Website without authorisation.

7.3. Compliance:

• You agree to comply with all applicable laws, regulations, and industry standards in your use of the Services.

8. Fraud Management and Reporting

8.1. Immediate Reporting:

• You must report any suspected fraudulent activity to Bob Pay immediately upon detection via the official support channels: support@bobpay.co.za or +27 12 940 1060.

8.2. Cooperation:

• Upon reporting fraud, you agree to provide all necessary information and documentation requested by Bob Pay within 24 hours to assist in the investigation.

8.3. Investigation and Funds Handling:

• Bob Pay may withhold funds during the investigation of suspected fraud. If fraud is confirmed, Bob Pay will work to return funds to the rightful owner within 10 business days, subject to receipt of all required documentation.

8.4. Liability:

• Bob Pay is not liable for any losses incurred due to the withholding of funds during the fraud investigation.

8.5. Non-Compliance:

• Failure to provide necessary information or to cooperate may result in delays or unilateral actions by Bob Pay, including account suspension or termination.

8.6. Indemnity:

• You indemnify and hold Bob Pay harmless against any losses, claims, or liabilities arising from your failure to report fraud promptly or provide necessary information.

9. Limitation of Liability and Indemnity

9.1. Exclusion of Liability:

• Bob Pay is not liable for any direct, indirect, incidental, special, or consequential Losses arising out of your use of the Services or any transaction conducted through the Services.

9.2. Limitation of Liability:

• If Bob Pay is found liable for any Losses, its liability will be limited to the lesser of:
  • The actual Losses suffered.
  • The total transaction fees paid by you in the six (6) months preceding the incident.

9.3. Indemnification:

• You agree to indemnify and hold Bob Pay harmless from any claims, losses, liabilities, and expenses arising out of your breach of these Terms or violation of any law or the rights of a third party.

10. Links to and from Other Websites

10.1. Third-Party Links:

• The Website may contain links to third-party websites provided for your convenience. Bob Pay does not endorse or assume responsibility for the content or availability of these sites.

10.2. No Liability:

• Bob Pay is not liable for any errors, omissions, or inaccuracies in third-party content or for any Losses arising from your use of third-party websites.

11. Advertisements

11.1. Third-Party Advertisements:

• The Website may display advertisements for products and services offered by third parties.

11.2. No Endorsement:

• Bob Pay does not endorse or make any representations regarding the advertised products or services.

11.3. Accuracy:

• Bob Pay is not responsible for any errors or inaccuracies in advertising content, including pricing or availability.

12. Applicable Legislation

12.1. Compliance:

• Bob Pay’s compliance with any applicable laws does not constitute a waiver of its rights under these Terms.

12.2. Severability:

• If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

13. No Cession

13.1. Assignment by You:

• You may not assign or transfer any rights or obligations under these Terms without Bob Pay’s prior written consent.

13.2. Assignment by Bob Pay:

• Bob Pay may assign or transfer its rights and obligations under these Terms at its discretion.

14. Governing Law

14.1. Jurisdiction:

• These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

15. Force Majeure

15.1. No Liability:

• Bob Pay is not liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, or technical failures.

16. Costs

16.1. Recovery of Costs:

• If Bob Pay incurs any costs in enforcing or interpreting these Terms or recovering any amounts owed, it shall be entitled to recover all such costs on an attorney-and-client scale.

17. Entire Agreement

17.1. Integration:

• These Terms, along with any additional policies or agreements referenced herein, constitute the entire agreement between you and Bob Pay regarding the use of the Services.

17.2. Amendments:

• Any amendments to these Terms must be made in writing and posted on the Website or communicated via email.

18. Contact Information

For any questions or concerns about these Terms, please contact Bob Pay at:

Email: support@bobpay.co.za

Phone: +27 12 940 1060

Address: Ground Floor, Building 2, Silver Point Office Park, 22 Ealing Crescent, Bryanston, Johannesburg, 2191

By using Bob Pay’s Services, you acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions.