Moya App Business Portal Terms and Conditions
[Last Modified: 21 April 2023]
Terms of Service
Moya App Proprietary Limited, a limited liability company incorporated in the Republic of South Africa with registration number 2021/515484/07 (“MA“, “we” and “us“). MA is the owner of the Moya messenger application (“MoyaApp“) and the MoyaPay application, an online account that lets an end-user pay and be paid without any data costs (“MoyaPay App“) and it is the operator of the online, accessed-controlled business portal (“Portal“) will allow vendors to register for a #datafree mobile money Account which allows them to receive payment from their customers and end-users (“MoyaPay Account“).
By completing the application process and submitting your completed Application Form to us, you confirm that you have read and agreed to all the terms and conditions of these Terms and Conditions. By continuing to access the Portal and use the MoyaPay Account and/or the Services, you continue to be bound by the agreement between us. If you do not agree to be bound by the Terms and Conditions you should not subscribe for our Services and cease your use of the MoyaPay Account and/or your access to the Portal immediately.
We may amend or update these Terms and Conditions from time to time. We will provide you notice of amendments to our Terms and Conditions and update the “Last Modified” date at the top of our Terms and Conditions. Your continued use of the MoyaPay Account, Portal and/or our Services confirms your acceptance of our Terms and Conditions, as amended.
If you do not understand any of the Terms and Conditions, or if you do not agree with any of the Terms and Conditions, please cease your use of the MoyaPay Account, Portal and/or our Services immediately and contact us at firstname.lastname@example.org.
Account Details: MoyaPay Account
MA is not a financial services provider. The Portal and the MoyaPay Account simply provides you with access to an online mobile payments platform that is administered by BXChange iMali (Pty) Ltd. When you use your MoyaPay Account, your funds are held by a nominee company and all payment services relating to payments to and from the MoyaPay Account and/or the Portal are enabled by the Trustlink Payment Network Service (the “Payment Service”) as provided by Trustlink Payment Network (Pty) Ltd, a South African company with registration number 2019/478958/07 (“Payment Service Provider”). All Payment Services rendered to you by the Payment Service Provider are subject to the Payment Service Provider Service and Investment Terms and Conditions, which are incorporated by reference. By using the MoyaPay Account, you agree to be bound by the Payment Service Provider Service and Investment Terms and Conditions, which constitutes a separate agreement between you and the Payment Service Provider.
How does the MoyaPay Account work? Our Services allow you to receive payments from third parties (including the users of the Moya App and/or the MoyaPay App) (“Payers“) in respect of your transactions with them, in South African Rand, for the payment methods that you have selected in the Application Form which will include) Visa and MasterCard card not present enabled credit-, debit- or hybrid card transaction processing services via an application programming interface (“Moya API“) and/or ii) Masterpass transaction processing services of Visa and MasterCard credit, debit- or hybrid cards that are enabled for card not present processing and Visa and MasterCard card credit-,debit- and hybrid cards that are enabled for Authenticated Mobile Transactions (AMT) processing and/or iii) MoyaPay App transactions and/or iv) such other alternative payment methods as may be available as part of the Services from time to time and selected by you in your Application Form (each hereinafter referred to as an “APM”), but in all instances without having to have your own merchant acquiring account with a bank or other financial institution.
Registration. As soon as you are registered as a Vendor on the Portal, MA or its authorised service provider will issue you with a username and password to access the Portal and you will receive a unique matrix “quick response code” that will allow you to receive payment into your MoyaPay Account (“QR Code“). In addition, MA will provide you with access to the Moya API to link you to a pay portal linked to your MoyaPay Account. You are solely responsible for properly configuring and integrating your website and/or online service offering with the Moya API to allow you to receive payment into your MoyaPay Account.
Moya Discover. The Moya Discover online platform (“Moya Discover“) is like an online shopping mall accessible by Moya App and MoyaPay App end-users on a #datafree basis. You may load your website offering your products and services directly to the consumers onto Moya Discover. You are solely responsible for properly configuring and integrating your website and/or online service offering on Moya Discover.
FICA Requirements. In order to open a MoyaPay Account, you will be required to provide the necessary “know your client” and FICA documentation as part of the sign-up and on-boarding process. You are solely responsible to ensure that all of your details are correct and up to date and you warrant to and in favour of MA that your details are at all times true, correct and up to date.
Managing Your Account. You can view your MoyaPay Account balance, receive and make payments form your MoyaPay Account and you may transfer any amounts to and from your MoyaPay Account, provided that your MoyaPay Account shall at no time have a credit balance. You may update your details and review reports using the Portal.
Keeping Your Account Secure. You are responsible for keeping your MoyaPay Account safe and secure. You may not allow any other person to use your MoyaPay Account and you must notify us promptly of any unauthorised use or security breach of your MoyaPay Account or our Services. You may not share or disclose your username and/or password details with any other person or allow any other person to use our Services or your MoyaPay Account.
Restrictions. You may not register more than one MoyaPay Account. You may not register a MoyaPay Account in the name of any other person.
Transaction Limitations. MA may i) impose an upper limit on the amount of a single transaction which will be accepted through the MoyaPay Account and/or its Services ii) impose a transaction review for certain potentially high-risk transactions and impose limits on the amount of payments you can process through the MoyaPay Account and/or Services without our prior written approval and/or iii) impose certain limits with regards to the flow of funds in the system including, but not limited to, funds received and funds withdrawn. Details of these limits will be available on the Portal from time to time; and freeze or suspend your access to the MoyaPay Account and/or Services for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.
Limitation of Liability. MA and its third party service providers will not be liable for any costs, claims, damages and/or losses as a result of using or inserting an incorrect MoyaPay Account reference and/or QR Code and we are not obliged to reverse or amend any deposit, transfer and/or withdrawal. If you have entered the incorrect details in respect of a deposit, transfer and/or moving of any funds, you must notify us as soon as reasonably possible and not longer than 12 hours after the occurrence of the event. We shall take commercially reasonable steps to remedy your mistake, but you understand that this process may take up to 30 days.
If you breach, or if we reasonably suspect you of breach of, any of these Terms and Conditions regulating your use of the MoyaPay Account, the Portal and/or our Services, we may lock, suspend and/or cancel all of your accounts with us. We may at any time and in our sole and absolute discretion, restrict or suspend your account while we are verifying your identity documents and/or if they are outstanding and/or if you have provided any false and/or misleading information and/or you fail or refuse to provide true and correct information in order to enable us to comply with the identity verification process. If your MoyaPay Account is suspended, we will transfer any and all funds in your MoyaPay Account to a bank account nominated by you in writing, less any amount that we may retain in your MoyaPay Account as security for our Fees. You may be liable for administration fees if we lock, suspend and/or cancel your accounts, which may be deducted from your MoyaPay Account balance.
Calculation of Fees. The standard fees (“Fees“) to use the Portal and the MoyaPay Services will be:
- 1% processing fee
- R0,50 disbursement fee (wallet to wallet)
and R1,00 for card disbursements (wallet to card)
- EFT in R1,25 (excluding VAT)
- Masterpass into Vendor account 3,5%
These Fees may be varied based on agreed volumes or specific commercial terms by an agreement between the Customer and MA which specifically references this paragraph in these Terms and Conditions.
Fees for other services. If the Customer uses services other than MoyaPay a separate schedule of fees will apply (“Other Fees”). These will be defined in an agreement between the Customer and MA.
Due Date. The Fees will be debited in favour of MA from your MoyaPay Account on implementation of each payment into your MoyaPay Account. The Fees are due and payable even if a payment is to be reversed or charged back.
Increases and escalations. Fees may be increased annually in line with industry increases we receive from our suppliers. If, however an event occurs outside of our control, such as a unilateral increase in transactional banking rates, we reserve the right to amend or vary the Fees and charges from time to time on not less than 30 days’ prior written notice to you. When we notify you of any adjustments to the Fees that affect a Service, you are entitled to terminate the relevant Service on written notice to us prior to the date in which the adjustments come into effect. If you do not terminate the relevant Service after the adjustments, come into effect, the adjustments apply to you from the date they come into effect.
Taxes. Unless otherwise stated, Fees do not include any taxes, VAT, levies, duties or similar governmental assessments of any nature (“Taxes”). You are responsible for paying all Taxes associated with the Services. If MA has the legal obligation to pay or collect Taxes for which you are responsible the appropriate amount shall be invoiced to and paid by you, unless you provide MA with a valid tax exemption certificate authorised by the appropriate taxing authority.
Set-off: MA may, without notice, set-off any debts or liabilities due from a Vendor to MA against any debts or liabilities owed by MA to the Vendor, regardless of the place of payment of either obligation. The right applies whether or not the relevant debts or liabilities are matured and whether those debts or liabilities are present, future, actual, contingent, potential, liquidated and/or unliquidated. For these purposes, MA may value future, contingent, potential and/or unliquidated items. The exercise by MA of any of its rights under this clause shall be without prejudice to any other rights or remedies (including but not limited to set-off) to which MA are otherwise entitled (by operation of law, contract, or otherwise).
Withholding of Fees. You may not withhold any payment of any Fees by reason of any alleged breach of the Terms and Conditions or for any other reason whatsoever. In addition, you may not apply set-off to or demand any discount, rebate or reduction in respect of any Fees owed to MA.
Default. Should you fail to pay any amount to MA on the due date for payment, then MA may, without prejudice to any of its other rights in law or under these Terms and Conditions (i) charge interest at the prime rate published by MA’s primary bankers from time to time on the overdue amount, calculated from the due date until the date of payment (both dates inclusive), which interest, if charged, will be capitalised monthly; and/or (ii) take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation using external debt collection agencies or attorneys; and/or (iii) recover from you any additional expenditure incurred by MA relating to the tracing and/or collection of unpaid amounts, which costs shall be for your account; and/or (iv) inform any credit bureau of your payment default; and/or (v) suspend our Service(s) and your access to your MoyaPay Account.
Fees Disputes or Queries. You may direct any billing or account queries to biz@Moya.app. A certificate signed by either the General Manager or Financial Manager of MA, whose appointment, qualification and authority need not be proved, shall be prima facie proof of the amount in Fees due and payable by you at any time if you dispute the determination of the amounts owing by you under any invoice presented to you by MA. If we are unable to resolve within 21 days of the dispute arising, MA’s auditors for the time being will be appointed to resolve the dispute (which auditors shall act as experts and not as arbitrators and whose findings shall, in the absence of fraud or manifest error, be binding on MA and the Vendor).
Vendor’s rights and obligations
Compliance with applicable laws. You shall comply with all applicable laws that apply to you and you may only use the MoyaPay Account, Portal and/or our Services for lawful purposes.
Lawful transactions. You may only i) accept payments and/or process refunds to your customers in connection with goods and/or services lawfully supplied to such customers; and ii) make payments to customers where such customers are owed monies by the Vendor in the ordinary course of its business.
Liability for integration, products and services. You are in all respects liable for all products and services offered to end-users via Moya Discover or otherwise. MA shall not be liable to the users of your products and services. While MA may provide guidelines and occasional assistance in relation to installation and integration, you remain solely responsible for ensuring the correct implementation, installation, integration, security and operation of all systems, equipment, software and telecommunications and use of the Services on your own systems.
Prohibited Conduct You may not use the Service to accept payments for goods or services where payment is not yet due ii) accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties iii) receive payment or conduct activities in a manner that MA and/or the Payment Service Provider and/or MA’s service providers and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules; or iv) to conduct any money laundering or any activity that constitutes a crime or contravenes any law, rule or regulation.
High-Risk Transactions. You may require our prior written approval to enter into any transaction regarding i) gambling or gaming services ii) charitable or religious/spiritual organizations iii) consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending iv) investment funds, asset management, or brokerage services. You may not, without our prior written approval, .use your MoyaPay Account and/or the Services to i) sell securities, business opportunities, franchises, multi-level marketing, or for the pre-order of goods ii) receive payments for any sexually oriented or obscene materials or services iii) receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity; iv) receive payments for airtime, phone cards or PIN, VoIP, SMS credits, WiFi access or subscription or any telecommunication products; v) offer, or conduct any form of direct marketing activities (such as, but not limited to inbound and/or outbound telemarketing activities), travel-related services, Bureau de Change, and independent financial advisory services; vi) receive payments for any prescription and proprietary drugs and non-prescription (over-the-counter) medicines; vii) receive payments for the wholesale distribution of prescription drugs, proprietary drugs, vitamins, druggists’ sundries and toiletries, antiseptics, bandages, pharmaceuticals, and biological or related products; viii) receive payments in exchange for personal property left with you, as a merchant, as security (in other words, any services associated with a pawn shop); ix) receive payments for timeshare products; x) receive payments for high-value jewellery, precious stones, gems, gold, platinum, silver or minerals; and/or xi) receive payments for tobacco or liquor; xii) receive payments for investments products such as bonds and debentures; xiii) receive payments for commodity investments and high-risk security investments such as binary option trading, contracts for difference (CFD), foreign exchange (Forex) currency option trading, cryptocurrency options trading and/or initial coin offerings (ICOs).
MA’s rights and remedies. You understand and agree that MA may suspend or terminate your access to the MoyaPay Account and/or the Portal and/or the Services if MA reasonably believes that the use of the MoyaPay Account and/or the Portal and/or the Services for such high-risk transactions exposes, or has exposed, MA to increased risk, or if requested by any bank and/or card payment processors to withdraw such approval. If you do engage in such conduct, MA may recover any losses suffered by it as a result of such prohibited conducted (including but not limited to fines, penalties and associated legal and administrative costs), together with such additional liquidated damages as MA may suffer arising out of such prohibited conduct, directly from any funds in your MoyaPay Account.
Further Restrictions. The MoyaPay Account and/or the Portal and/or the Services, apart from being subject to these General Terms, shall always be subject to the terms and regulations imposed by MA’s payment processors, service providers and your bank and the issuers of your cards whose facilities are utilised in order to accept or effect payment by means of the MoyaPay Account and/or the Services, which includes the Payment Service Provider Service and Investment Terms and Conditions. Therefore all fines, penalties or other charges, of whatever nature, imposed by the payment processors and/or service providers (including APM providers if any) may be debited to your MoyaPay Account and you hereby authorise MA to pay such fines, penalties or charges from any credit in your MoyaPay Account on your behalf. You further indemnify MA against any claim that may be made by the payment processors, service providers, APM providers, your bank or the issuer of your cards in respect of or arising from your use of the MoyaPay Account and/or the Services against MA for any reason whatsoever.
Processing of Personal Information
You consent and agree that MA may use all statistical and transactional data arising out of your use of the MoyaPay Account and/or the Portal and/or the Services, provided that it shall not use any Personal Information in a manner contrary to the POPI Act. You consent and agree that MA may use the Personal Information for the following purposes: (i) providing, improving and developing the Services; (ii) market research and trend analysis; (iii) taking steps to prevent, detect or prosecute fraud and other offences and/or to comply with applicable laws; (iv) sending marketing and other communications to Vendors; (v) credit assessment of Vendors; and (f) other purposes authorised by the Vendor in the Application Form or otherwise in writing.
Availability of our Services
The MoyaPay Account and/or the Portal and/or the Services may be unavailable or interrupted, from time to time, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features of the MoyaPay Account and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. We will not be liable for any damages that you may suffer as a result of the MoyaPay Account and/or the Portal and/or the Services being unavailable or interrupted.
Termination of your access and your account
We may modify, suspend, or terminate your access to or use of the MoyaPay Account and/or the Portal and/or the Services anytime for any reason, such as if you violate the letter or spirit of the Terms and Conditions or create harm, risk, or possible legal exposure for us, our users, or others.
If we terminate, suspend or disable your account for a violation of our Terms and Conditions, you will not create another account without our permission.
Acceptable Use Policy
You must access and use the MoyaPay Account and/or the Portal and/or the Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) the MoyaPay Account and/or the Portal and/or the Services in ways that: (a) violate, misappropriate, or infringe the rights of the MoyaPay Account and/or the Portal and/or the Services, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by us or (g) allow, facilitate or support criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking or (h) pay into or otherwise to support pyramid schemes, Ponzi schemes, matrix programs, “get rich quick” schemes, multi-level marketing programs or high-yield investment programs (i) involve any fraudulent conduct or activity, including but not limited to taking any actions that defraud us or any of our clients, or the provision of any false, inaccurate, or misleading information to us (j) implement the sale or purchase of any prohibited narcotics or controlled substances; (k) allow or incite any form of abusive activity, including but not limited to, imposing an unreasonable or disproportionately large load on our infrastructure, or otherwise taking any action that may negatively affect the performance of the MoyaPay Account and/or the Portal and/or the Services and/or our reputation.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) collect the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
You remain responsible, and shall be liable, for all activity that occurs in or through your MoyaPay Account and/or the Portal.
In order to ensure the security and reliable operation of the MoyaPay Account and/or the Portal and/or the Services for all of its clients, we may take whatever action we deem necessary to preserve the security, integrity and reliability of the MoyaPay Account and/or the Portal and/or the Services, our network and back-office applications.
You shall not use the MoyaPay Account and/or the Portal and/or the Services in any manner which may compromise the security of our networks or tamper with the MoyaPay Account and/or the Portal and/or the Services in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the MoyaPay Account and/or the Portal and/or the Services, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the MoyaPay Account and/or the Portal and/or the Services, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss as a result of such actions, such damage or loss shall give rise to damages claim against you.
Should you commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (“ECTA“), but specifically sections 85 to 88 of the ECTA, you shall, notwithstanding criminal prosecution, be liable for all direct and indirect liability, loss or damages suffered and/or incurred by us, and our affiliates, agents and/or partners.
Intellectual Property Rights and Licenses
We shall have and shall retain all rights, title and interest (including any and all intellectual property rights, including all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights) in and to the MoyaPay Account and/or the Portal and/or the Services and nothing in these Terms and Conditions shall operate to transfer any intellectual property rights to you.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the MoyaPay Account and/or the Portal and/or the Services, subject to and in accordance with these Terms and Conditions. This license is for the sole purpose of enabling you to access and use the MoyaPay Account and/or the Portal and/or the Services, in the manner permitted by these Terms and Conditions.
In order to operate and provide our Services, you grant to us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through the MoyaPay Account and/or the Portal and/or the Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.
You use the MoyaPay Account and/or the Portal and/or the Services at your own risk and subject to the following disclaimers. We are providing the MoyaPay Account and/or the Portal and/or the Services on an “as is” and voetstoots basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that the MoyaPay Account and/or the Portal and/or the Services will be operational, error-free, secure, or safe, or that the MoyaPay Account and/or the Portal and/or the Services will function without disruptions, delays, or imperfections. we do not control and are not responsible for, controlling how or when our users use the MoyaPay Account and/or the Portal and/or the Services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You accordingly release us, our subsidiaries, holding companies, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Moya Parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “Claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
Limitation of liability
The Moya Parties will not be liable to you for any damages, including lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with the MoyaPay Account and/or the Portal and/or the Services, even if the Moya Party have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with a Claim, our Terms and Conditions and/or our Services shall be limited to the aggregate fees you have paid to us for the use of the MoyaPay Account and/or the Portal and/or the Services in the 12 months preceding the loss-causing event. The limitation of our liability will apply to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Moya Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of the MoyaPay Account and/or the Portal and/or the Services, including information provided in connection therewith; (b) your breach or alleged breach of these Terms and Conditions; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.
Notice in terms of the Electronic Communications and Transactions Act, 2002 (“ECTA”)
In terms of section 43(1) of the ECTA, MA as a supplier of services by way of an electronic transaction, must make the following information available to consumers:
Full name and legal status
Moya App (Pty) Ltd, a private limited liability company incorporated in the Republic of South Africa.
Physical address for service of legal process
2nd Floor, 50 Harrington Street, Zonnebloem, Cape Town 7925
021 300 6677
Web site address
Membership of any self-regulatory or accreditation bodies
The Payment Service Provider is an accredited member of the Payments Association of South Africa.
Directors: Gour Lentell
The laws of the Republic of South Africa govern these Terms and Conditions, your access to and use of the MoyaPay Account and/or the Portal and/or to provide the Services to you, as well as any disputes between us in relation thereto, to the exclusion of any conflict of laws principles.
General Legal Provisions
For use in South Africa. The MoyaPay Account and/or the Portal and/or the Services may only be used in South Africa. You will comply with all applicable South African export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on South Africa or non-South Africa government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorisations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Waiver of rights. No waiver of any right under these Terms and Conditions, shall be effective unless reduced to writing and signed by a duly authorised representative of each of us. No indulgence granted by MA shall constitute a waiver of any of its rights under these Terms and Conditions and accordingly, MA shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
No Transfer of Rights. You may not transfer any of your rights or obligations under these Terms and Conditions to any third party. MA shall be entitled to transfer its rights and/or obligations to a third party on written notice to you.
Costs. All costs, charges and expenses of any nature whatever which may be incurred by MA in enforcing its rights in terms of these Terms and Conditions, including legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable on demand from you.
Severability. Each of the provisions of these Terms and Conditions shall be considered as separate terms and conditions and in the event that these Terms and Conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.
Feedback. We always appreciate your feedback or other suggestions about the MoyaPay Account and/or the Portal and/or the Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).