Moya and MoyaPayD Terms and Conditions

[Last Modified: 25 June 2021]

Terms of Service

Datafree Africa Proprietary Limited, a limited liability company incorporated in the Republic of South Africa with registration number 2014/051188/07 (“Datafree“, “we” and “us“), is the owner and administrator of the Moya messenger application (“Moya App“). Datafree also administers the MoyaPayD application, an online wallet account that lets you pay and be paid without any data costs (“MoyaPayD App“). The MoyaPayD App is owned by Datafree’s affiliate, MoyaPayD Proprietary Limited (“MPD“), a limited liability company incorporated in the Republic of South Africa with registration number 2021/515484/07.

By downloading and using the Moya App and/or the MoyaPayD App (“Moya Apps“), you agree to these terms and conditions of use (“Terms and Conditions“) and our Privacy Notice available at https://moya.app/privacy/, which govern your access to, and use of, the Moya Apps and all services we provide to you via the Moya Apps (“Services“). These Terms and Conditions create a legally binding agreement between you and Datafree (in respect of the Moya App) and you, Datafree and MoyaPayD (in respect of the MoyaPayD App), so please read them carefully.

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 either of the Moya Apps and 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 Moya Apps immediately and contact us at info@moya.app.

 

Our Services

The Moya App is a text messaging application that uses reverse-billing technology to deliver a #datafree service to its users on supported mobile networks. Free to download and use, we are continually creating new ways for you and business communities to communicate with each other.

The MoyaPayD App is an online wallet account that lets you pay and be paid without any data costs.

 

Account details: Moya App

These terms, conditions and restrictions will be applicable to your use of the Moya App.

Keeping Your Account Secure. You are responsible for keeping your device and your Moya App account safe and secure. You may not allow any other person to use your account and you must notify us promptly of any unauthorised use or security breach of your Moya App account or our Services.

Age. You must be at least 18 years old to use the Moya App and our Services. If you are not old enough to have the authority to agree to the Terms and Conditions, your parent or guardian must agree to our Terms and Conditions on your behalf.

Registration. When you download the Moya App and register for our Services, you must provide us with your current mobile phone number. You agree to receive messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Address Book. You grant us the right to access the phone numbers of Moya users and your other contacts in your mobile phone address book on a regular basis. This enables you to contact your contacts using the Moya App. We do not make use of this information for any other purpose other than to allow you to use the Moya App and Services You confirm you are authorised to provide Moya with such numbers to allow us to provide our Services.

Software. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically generated updates.

Fees. There are no fees or taxes associated with using the Moya App, but you are responsible for all carrier data plan and other fees and taxes associated with your use of your device and our Services.

Account Details: MoyaPayD App

These terms, conditions and restrictions will be applicable to your use of the MoyaPayD App. Datafree and MoyaPayD are not financial services providers. The MoyaPayD App simply provides you access to an online mobile payments platform that is administered by BXChange iMali (Pty) Ltd. When you use the MoyaPayD App, your funds are held by a nominee company, approved by the Financial Services Conduct Authority, Automated Outsourcing Services (Pty) Ltd, branded as Itransact with registration number 1997/013802/07 and licence number 650 (“AOS”). Your use of the MoyaPayD App is accordingly also subject to the AOS terms and conditions, which are incorporated by reference. You can find the AOS terms and conditions here: http://www.aos.co.za/terms.htm. By using the MoyaPayD App, you agree to be bound by these AOS terms and conditions. All funds deposited in respect of the MoyaPayD Card will be received by Access Bank Limited with registration number: 1947/025414/06, which is also an authorised financial services and credit provider FSP5865, NCRCP6. Your use of the MoyaPayD App is accordingly also subject to the Access Bank terms and conditions, which are incorporated by reference. You can find the Access Bank terms and conditions here: https://southafrica.accessbankplc.com/terms-and-conditions/. By using the MoyaPayD Card, you agree to be bound by these Access Bank terms and conditions.

Keeping Your Account Secure. You are responsible for keeping your device and your MoyaPayD App account safe and secure. You may not allow any other person to use your account and you must notify us promptly of any unauthorised use or security breach of your account or our Services.

Age. You must be at least 18 years old to use the MoyaPayD App and our Services.

Wallet Details. The MoyaPayD App allows you to access a mobile wallet (“MoyaPayD Wallet”) in which credits (“Funds”) can be purchased and used in accordance with these Terms and Conditions.

Account Registration. In order to open a MoyaPayD Wallet, you need to register an account with us by providing to us a username, password, full name and surname, South African Identity Number or Passport Number, a South African mobile number and/or email address. 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. 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 on your MoyaPayD account. Once you have registered your account, you will receive a written communication with your username and deposit reference number (“DPR”). This is a unique DPR which must be used in all transactions.

Use of your MoyaPayD Wallet. You may use the Funds to purchase goods and/or services within the MoyaPayD Wallet (for example: airtime, data and electricity) and use your Funds to purchase and withdraw credits from selected YoYo retailers (for example: Shoprite, Checkers, Checkers Liquor and Usave).

Loading Funds. You may load Funds into the MoyaPayD Wallet by i) by depositing cash at an ABSA automatic teller machine or ABSA branch or ii) via electronic funds transfer into the MoyaPayD Wallet iii) move Funds between MoyaPayD Wallets by sending and receiving credits from the MoyaPayD Wallet to other MoyaPayD Wallets and/or iv) use Funds from your MoyaPayD Wallet to load your MoyaPayD MasterCard debit card (“MoyaPayD Card”).

MoyaPayD Card. . You may use your MoyaPayD Card to make purchases anywhere MasterCard is accepted, or withdraw money at an ATM and/or registered retailers/merchants.

Fees. You will be liable for i) a monthly fee of R6.00 for a MoyaPayD Card and ii) a monthly fee of R8.00 per additional MoyaPayD Card added to a MoyaPayD Wallet and iii) 1% on all credits moved between the MoyaPayD Wallet and a MoyaPayD Card, which fees will be debited from your MoyaPayD Wallet on or before the 25th day of each month.

Restrictions.  You must ensure that the correct DPR number is used whenever you use your MoyaPayD Wallet. You may not register more than one MoyaPayD Wallet. You may not register an account or a MoyaPayD Wallet in the name of any other person. If you have provided to us a picture of yourself (front head and shoulders), your South African identification document or for a foreign national a passport, you may use the MoyaPayD Wallet up to a transaction value of R25,000 per day and limited to R300,000 per month. If you are a South African national and you have provided to us a picture of yourself (front head and shoulders), your South African identification document and proof of residence, you may use the MoyaPayD Wallet up to a transaction value of R100,000 per day and limited to R750,000 per month.

Limitation of Liability. Datafree and/or MoyaPayD 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 DPR number 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 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.

Refunds. Should you require a refund of Funds in your MoyaPayD Wallet, you may let us know and, subject to all applicable laws, we may process such a refund and may impose certain requirements. We may impose a reasonable administrative fee to process your refunds.

If you breach, or if we reasonably suspect you of breach of, any of these Terms and Conditions regulating your use of the MoyaPayD App, 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 MoyaPayD App account is suspended, we will transfer any and all funds in your MoyaPayD Wallet to your original account. You may be liable for administration fees if we lock, suspend and/or cancel your accounts, which may be deducted from your MoyaPayD Wallet balance.

Availability of our Services

The Moya Apps and our 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 Moya Apps 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 Moya Apps and our 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 Moya Apps and/or our 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 Moya Apps and/or our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) the Moya Apps and/or our Services in ways that: (a) violate, misappropriate, or infringe the rights of the Moya Apps, 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 Moya Apps 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 Moya Apps accounts.

Security

In order to ensure the security and reliable operation of the Moya Apps 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 Moya Apps and/or the Services, our network and back-office applications.

You shall not use the Moya Apps and/or the Services in any manner which may compromise the security of our networks or tamper with the Moya Apps and/or Services in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Moya Apps and/or Services, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Moya Apps and/or 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.

Third Party Services

The Moya Apps and/or our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Third Party Services“). For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Moya Apps contacts. Please note that when you access and/or use Third Party Services, their own terms and privacy policies will govern your use of those Third Party Services.

We simply provide access to these Third Party Services for convenience purposes only and we do not endorse such Third Party Services and we will not be responsible or liable for any of the services offered to you by such third parties. We make no representations or warranties regarding the Third Party Services and you shall use such links, and the Third Party Services, at your sole risk.

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 Moya Apps 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 Moya Apps and/or our 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 Moya Apps and/or our 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 Moya Apps and/or our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Notice.

Disclaimers

You use the Moya Apps and/or our Services at your own risk and subject to the following disclaimers. We are providing the Moya Apps and our 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 Moya Apps and/or our Services will be operational, error-free, secure, or safe, or that the Moya Apps and/or our 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 Moya Apps and/or our 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 Moya Apps and/or our 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 Moya Apps 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.

Indemnification

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 Moya Apps and/or our 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, Datafree, as a supplier of services by way of an electronic transaction, must make the following information available to consumers:

ECTA Requirement DataFree (Moya App) MPD (MoyaPayD App)
Full name and legal status Datafree Africa (Pty) Ltd, a private limited liability company incorporated in the Republic of South Africa. MoyaPayD (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 2nd Floor, 50 Harrington Street, Zonnebloem, Cape Town 7925
Telephone number 021 300 6677 021 300 6677
Web site address https://moya.app/ https://moya.app/moyapayd/
E-mail address info@moya.app info@moyapayd.app
Membership of any self-regulatory or accreditation bodies IAB South Africa  
Office Bearers

Director:

Gour Lentell

Information Officer:

Charles Cockcroft

Directors:

Gour Lentell

Charles Cockcroft

Information Officer:

Charles Cockcroft

Governing Law           

The laws of the Republic of South Africa govern these Terms and Conditions, your access to and use of the Moya Apps and our 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

Entire Agreement. These Terms and Conditions constitute the entire agreement between us regarding the Moya Apps and our Services.

For use in South Africa. The Moya Apps and our 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 Datafree shall constitute a waiver of any of its rights under these Terms and Conditions and accordingly, Datafree 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. Datafree 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 Datafree 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 Moya Apps and our 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).