What are these terms? These are the "Terms" that regulate your use of our Website and App, and our relationship with you. They create a legally binding contract between us, as soon as they apply.
Our "Website" is at https://www.yoco.co.za/ or https://www.yoco.com and our "App" is the Yoco mobile application. For purposes of simplicity, where we refer to "Website", we are referring to both the Website and the App.
The essential point of these Terms. We will have no obligations to you whatsoever, we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website. You use our Website at your own risk.
When do these Terms apply? These Terms will apply if you access or use our Website. Don't use our Website if you don't absolutely agree these Terms. You can use our Website only on these Terms.
Changes to the Website and/or these Terms. We have the unfettered right (as far as the law allows) to suspend, change or add to our Website, and to change or add to any of these Terms from time to time, at our discretion, and those changes will apply immediately when they are made.
Use of our Website.
You are prohibited from using our Website in the following ways:
copying our website;
distributing any content from our Website without our prior consent;
using any technology, including but not limited to crawlers and spiders to search our Website or obtain information from our Website;
framing our Website or any pages;
linking to our Website in a manner other than through the homepage;
deep-linking to any other pages in a way that would suggest that you own the intellectual property that belongs to us;
providing us with any untrue or incorrect information;
changing, modifying, circumventing, disabling or tampering with any part of our Website, including its security features; and
using our website for commercial purposes, unless in terms of a written agreement.
You may only use our Website in the following ways:
you may only use our Website for your own personal use;
you may only use our website in accordance with the limited revocable license which we have given you and which is subject to these Terms;
the limited license in clause 2.2 does not extend to our source code of the Website, software or computer program that forms part of our Website; and
you may only use our Website if you have the legal capacity to do so in terms of South African law.
Login details, usernames and passwords. Our services make use of login functionality so you are required to create your own account, usernames and passwords, or utilise social media integration, and you will be solely responsible for the safekeeping of those details, usernames and passwords. This means that when anyone enters your usernames and passwords (you, your employees or your spouse), we are entitled to assume that the person using the services is you. Clearly, it is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated from time to time, and follow those carefully. Inform us immediately if there has been, or if you suspect, any breach of security or confidentiality. Where you are a business, you and your employees have the same responsibilities and we have the same rights – though we expect that you will be somewhat more diligent than these bare minimum rules.
Social media integration. The Website may allow you to create an account, profile, log in and/or share information by through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+. If you proceed to use our services in that context, then the relevant social media platforms' rules will also apply and you agree to such integration.
Intellectual property. All our intellectual property is ours, not yours: this means that you absolutely agree that all right, title and interest in, and to, any of our intellectual property (in its widest possible, legal and commercial sense) viewable and accessible from our Website is proprietary to us, and will remain so. You will not acquire any rights of any nature in respect of that intellectual property by using our Website, services or products. You also agree not to reverse engineer our Website for any purpose whatsoever.
Third party sites. We provide hyperlinks to third party websites and apps. When you access and use these third party websites, apps, products, services or business you do so solely at your own risk.
Limitation of liability.
You hereby agree that, subject to applicable law, we (including our directors and/or employees) will not be liable for:
any incorrect information or images provided on the Website which you relied upon;
any internet data usage charges incurred while using the Website;
any interruption, malfunction, downtime, off-line situation or other failure of the Website or services, our systems, databases or any of its components;
any loss directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; and/or
any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.
You indemnify and hold us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the above, whether due to negligence or not.
Rules for sending and receiving electronic messages. We will primarily use email and electronic notices on the Website as our main communication tool for all communications relating to our services, or these Terms.
Law and disputes. These Terms will be governed by and interpreted in terms of South African laws. You consent that the Magistrates' Court will have jurisdiction even if the proceedings are otherwise beyond its jurisdiction.
Getting in touch. Please email us at [email protected] for any enquiries about our Website.
Legal disclosure in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002.
Site owner: Yoco Technologies Proprietary Limited (Trading as Yoco);
Legal status: Yoco is a private company, duly incorporated in terms of the applicable laws of South Africa;
Registration No: 2013/030649/07;
Director(s): Katlego Modise Selekane Maphai, Carl Wazen, Robert Hilkowitz; Monica Brand-Engel, Allard Munniks de Jongh Luchsinger
Description of main business of Yoco: Card payment systems;