BlisPay User Service Agreement

BlisPay User Agreement

IMPORTANT: blismo

You have to have a valid United States phone number (i.e. one issued to you by a United States mobile network operator) in order to use the services available within the BlisPay feature, and by registering for the BlisPay feature you warrant that such number belongs to you.

Use of Blispay  is subject to this BlisPay User Agreement, which you must read carefully (as it highlights the functionality and associated risks in using BlisPay). If you do not agree with everything in this Agreement, do not register for and/or use BlisPay. By clicking to accept this Agreement, you are deemed to have read and agreed with all the provisions in this Agreement, which will become a legally binding contract on you.

1 PURPOSE OF THIS AGREEMENT

As a Blismo application (“App”) user, you are already subject to the general terms and conditions (which you can find within your ‘Settings’ when you click ‘Me’) (“General T&C”). Should you choose to also register for and use the ‘BlisPay’ (“Payment System”) within the App, your use of the BlisPay will be governed not only by the General T&C, but also by the additional terms set out in this BlisPay User Agreement (“this Agreement”).

Like with the General T&C, this Agreement is also between you and BARGOPAY LLC. (“Blismo”, “BARGOPAY LLC”, “we”, “us” or “our”) and the same age-related requirements apply (ie that you be at least 13 years old, and if you’re under 18 years old, that your parent or guardian consent to this Agreement).

Blispay is a portal giving your access to various payment-related services (“Services”). Note that we only provide some of these Services to you, with the rest of the Services being provided to you by third party banking and/or payment service providers, including Standard Bank (“Authorised Third Parties”). Should you wish to use any of the Services being made available by such an Authorised Third Party, you will need to also register with that Authorised Third Party for that specific Service, on its terms and conditions, which we will make visible to you, all within BlisPay.

2 GENERAL BLISPAY FUNCTIONALITY

The specific Services made available via BlisPay from time to time may change, but currently include the following:

The ability to save your credit card details for easy future retrieval and use in making purchases from third party sellers of products and/or services (“Places”), who support payments made via BlisPay, as explained in clause 3.1 below;

“Places” who support BlisPay payments may change over time and may include BlisManager users who make their products and/or services available within the App as well as via physical bricks-and-mortar stores, restaurants or bars.

In addition to the transaction reporting you may receive from your bank and/or any of the Authorised Third Parties, we will keep a record of all transactions carried out via your use of BlisPay, which you can access within the BlisPay feature.

3 SPECIFIC SERVICE DETAILS

Card Storage Service

1. We enable you to store in BlisPay, the details relevant to your credit cards and dual purpose debit cards (cheque cards) (“Cards”). The type of Cards we are able to store may change over time, but we currently only enable this for VISA and MasterCards.

The details you will be able to store in BlisPay in respect of any such Card are the Card number, expiry date and Card holder’s name (“Card Details”). Although you will enter the Card’s CVV, it will not be stored by us or anyone else, but will instead be saved onto your own mobile device in an encrypted format via a cookie to enable your mobile device to automatically send the relevant CVV each time you want to make a payment with your Card.

This Card storage service is powered by Stripe and any Card Details so collected and are secured by Stripe Connect Services (SCS). We do not store or access any Card Details.

When you make a purchase at a participating Merchant or “Place” and you select to pay using a Card stored virtually within BlisPay, you will be able to make your purchase without having to re-enter or provide your Card Details. Instead, we will retrieve your encrypted Card Detail from our PSP’s secure PCI compliant environment and submit same to the Merchant’s acquiring bank for payment processing against your Card. You hereby consent to us providing your Card Details to the relevant Merchant or “Place” if we determine it is necessary for purpose of or in relation to such transaction.

Limitations on sending cash: Note in particular that should you want to use such Service to transfer cash to another BlisPay, merchant, or BlisManager user (“Transfer”) (a) you will need to be at least 18 years old and a United States resident with a valid Debit or Credit card.

Our role: As this Service is provided to you by the Authorised Third Party, we will not be responsible for such Service and all complaints and queries will be handled directly by the Authorised Third Party in accordance with its terms and conditions (T&C). The only role we may play is to facilitate Transfers on your behalf by enabling you to communicate with the BlisPay or BlisManager user you wish to transfer cash to, to enable you both to confirm the amount to be transferred. The Transfer will then only be completed to your intended recipient confirms once the person transferring confirms the purchase or transfer.

Service Changes

We shall be entitled to withdraw from or add to the Services available via BlisPay from time to time. We may also improve or alter any specific Service we provide. In all such instances we will give prior notice thereof, as well as of any additional terms and conditions which may be applicable. Note that changes to the Services provided by Authorized Third Parties will be governed by their own terms and conditions.

4 FEES AND OTHER CHARGES

We do not currently charge you any fees for accessing BlisPay and using the Services we provide therein. However, our Authorised Third Parties may be charged service fees for the Services they provide, in accordance with their terms and conditions.

You agree that we or our Authorised Third Party have the right to deduct any such service fees directly from your Card or virtual cash balance in your BlisPay account.

We reserve the right in our absolute discretion to impose fees on any existing free-of-charge Services, and/or to adjust the amount of fees charged and the method of payment therefor. However, before doing so, we will give you prior notice within BlisPay and if you disagree with such amendment or change you should stop using the relevant Service.

5 SECURITY

5.1 PIN: You may be required to choose a PIN for purposes of verifying your transactions via any of the services provided by BlisPay, you agree that any such chosen PIN will only be used for your own personal use and will not be disclosed to any other person/s, and that you will not enable any other person/s to otherwise access your account. You shall keep any such PIN secure and confidential at all times and you indemnify us against any loss, damage or expense you suffer, or third party claims you face which arise in relation to your having failed to do so. If you fail to enter the correct PIN after a certain number of consecutive attempts, then that specific Service and/or your BlisPay account generally may be locked as an anti-fraud measure. You should contact the call centre at bargopay@gmail.com in order to reset your PIN.

You are solely responsible for securing all data in your possession and/or under your control.

5.2 You allow us to take all reasonable steps to ensure the integrity and security of BlisPay and back-office applications. This includes that, during your initial BlisPay registration process and from time to time thereafter, we make any inquiries we consider reasonably necessary to verify your identity and registration details, in order to mitigate potential fraud and/or comply with applicable laws. Such verification may include but is not limited to verifying the information you provide against third party databases.

6 PRIVACY

The privacy policy applicable to your use of the App generally will also apply to your use of BlisPay. However, as additional information about you will be collected and processed for purposes of BlisPay, additional privacy-related provisions will apply as contained in the Blismo Privacy Policy. If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in BlisPay Privacy Policy, then you are deemed to not accept this Agreement and you should not register for or otherwise use BlisPay.

7 YOUR RELATIONSHIPS WITH MERCHANTS, OTHER USERS & AUTHORISED THIRD PARTIES

In purchasing products/services from any Merchant or “Places”, you are contracting with the relevant Merchant or “Places” and the Merchant or “Places” is thus solely responsible for the fulfillment of all aspects of your purchase from it. Similarly, in using any BlisPay-enabled Services provided by Authorised Third Parties, you are contracting with the relevant Authorised Third Party to utilize those specific Services and such Authorised Third Party is thus solely responsible to you in respect of the provision of those specific Services.

We are not an agent of any Merchant or “Places”, other Authorised Third Party or User and we do not vouch for, or make any warranties in relation to, any Authorised Third Party and/or its Services, or any Merchant and its products/services, or any other User and how they may conduct themselves. We will not be liable for any damage, loss or liability of whatsoever nature arising, including but not limited to, any Merchant or “Places”, other User, or Authorised Third Party.

Although we reserve the right to get involved in any dispute between you and a BlisManager user, Authorised Third Party or another User (in an attempt to resolve same, as well as to take all steps we deem reasonably necessary to combat suspected fraud), we are not obliged to do so and any disputes arising between you and such third parties arise between you alone, to be resolved between you alone, without us being in any way obliged to intervene or attempt to resolve such dispute.

8 YOUR GENERAL OBLIGATIONS

In order to use the Services you must have a Blismo account, a valid United States mobile number, a valid email, and you must comply with the requirements as set out in the General T&C as well as this Agreement. If you do not comply with these requirements at any point you must cease using the Services immediately and to the extent permitted under applicable law, you shall be liable for any legal consequences, including costs, losses or damages which we may suffer or incur as a result.

You represent and warrant that:

your use of the Services will be in compliance with all applicable laws and that you are legally capable of entering into this Agreement and undertake to be bound by it;

if you are using our Card storage Service, you have a valid credit or dual-purpose debit card;

 

and any information that you are required to provide to us will be true, accurate, valid and complete information for purposes of using the Services.

You must provide us, and any Authorised Third Party, with true and accurate information as may be requested or required for the use of the Services (“Payment Information”) and must maintain and update your Payment Information as applicable. You must not impersonate any person or use any name you are not authorised under any applicable law or otherwise to use. You must notify us of any changes to your Payment Information immediately. You can access and update any details, information or particulars you have provided to us via bargopay@gmail.com.

You authorise us, and any Authorised Third Party, to use any information collected by us in connection with your Payment Information, regardless of whether such information is provided by you or independently sourced, to verify your information (including any updated information) and to obtain credit reports about you from time to time while you are using the Services. The acceptability of your use of the Services shall be subject at all times to our absolute discretion.

You are responsible for maintaining the confidentiality of your Payment Information and for restricting access to your Payment Information, including any PIN used for your use of BlisPay. You must take all necessary steps to ensure that your Payment Information and PIN is kept secure, and must not disclose it to or share it with any other person. You must promptly notify us if you have any reason to believe that your Payment Information or PIN is being, or is likely to be used, in an unauthorised manner. Please note that until you tell us of any actual or suspected unauthorised use, we will not be liable for any unauthorised transactions conducted using your Payment Information or PIN.

You must not use the Services: (a) in any way that causes, or is likely to cause, the Services, or any access to the Services, to be interrupted, damaged or impaired in any way; or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

You hereby acknowledge and agree that Merchants or “Places”, and not us or our Affiliates, are responsible for accurately listing their items and you are responsible for reading the description of the items listed by those Merchants and making your own judgments before making a purchase. When making a payment using the Services, you are responsible for checking the intended value of the payment, accuracy of the account details or other details of any sale or purchase or Transfer and you acknowledge and agree that we are entitled to rely on the information provided by you in relation to such transaction. Upon receipt of your payment instruction you hereby authorise us, or the Authorised Third Party, to charge or debit to or from your account or applicable Card the amount stated in your payment instruction.

All sales and transfers using the Services are binding and you agree to perform all your obligations in relation to such sale or transfer unless there are exceptional circumstances.

You shall not use the Services to commit any of the following acts:

any act which undermines our or an Authorised Third Party’s reputation, privacy, intellectual property and other rights;

 

any act which assists in, allegedly results in, or may actually result in, money laundering, terrorist financing or impermissible or illegal arbitrage;

 

any act which involves your use of an invalid credit or debit card or a credit or debit card of another person;

 

any act which involves your use of an invalid bank account or a bank account of another person;

 

any act that we or our Authorised Third Party, your card issuer, Visa, MasterCard or any other electronic funds transfer payment network reasonably believes to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time; or

 

any acts which are prohibited by this Agreement, the General T&C, the Blismo Acceptable Use Policy, the BlisPay Privacy Policy or the Blismo Privacy Policy.

 

You must only use the Services for the sale or purchase of goods or services listed on the Blismo interface or through BlisPay or for any other payment transactions available through BlisPay.

You agree to use BlisPay and the Services available via BlisPay in accordance with the terms of this Agreement (as read with the General T&C), the relevant Authorised Third Party’s terms and conditions, and all applicable laws, regulations and ordinances.

You acknowledge that if you use BlisPay and/or any Service in a manner that breaches these foregoing, we may incur substantial liability and/or suffer significant damages, including (without limitation) fines, claims and/or expenses from our payment processors and Authorised Third Parties, and accordingly in the event of any such violation: (a) your Blismo and BlisPay accounts will be subject to limitation, suspension or immediate termination, under clause 9 below; (b) you may be subject to criminal prosecution where applicable; (c) you will be liable for damages and other penalties; and (d) you will be held liable to us for any and all damages suffered by us and, without limiting the generality of the aforegoing, you shall reimburse us for any and all costs, expenses, and fines levied on us by third parties such as our payment processors and/or service providers as a result of your breach.

9 INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES

Without limiting the generality of clause 10, we may suspend, interrupt, terminate or impose limitations on your use of the Services in accordance with our business or risk control requirements or those of our Affiliates.

We are entitled to suspend, interrupt or terminate any of the Services immediately and without advance notification to you including but not limited to:

 

any of your transactions being suspicious, if we in our sole discretion are of the view that your transactions are contrary to any applicable law or if the Services are required to be interrupted, suspended or terminated by the provisions of any applicable laws or by competent authorities;

you provide false or incorrect Payment Information or do not notify us of changes to your Payment Information immediately;

you breach any applicable law or the terms and conditions contained in this Agreement, the General T&C or in any other agreements which apply to the Services;

you infringe the lawful rights and interests of third parties;

the Services are required to be interrupted, suspended or terminated for security reasons;

we suspect that the Blismo, BlisManager or BlisPay account or specific Service Account that you are using is not legally owned by you; or

you fail to pay for any Services for which a fee is charged.

For the avoidance of doubt, our exercise of any of our suspension or termination rights under this Agreement shall be without any liability to you and without prejudice to any other right or remedy available to us under this Agreement, the General T&C or applicable law.

The provisions of this Agreement, which by their nature and content, are intended, expressly or impliedly, to continue to have effect notwithstanding the completion, rescission, termination or expiration of this Agreement shall survive and continue to bind you and us.

You are not obliged to use or continue to use BlisPay or any of the Services and are entitled to terminate any specific Service, or your BlisPay access, at any time. If you wish to terminate your BlisPay access and/or any of the Services we (as opposed to an Authorised Third Party) offer you, you can do so by contacting bargopay@gmail.com.

10 DISCLAIMER & INDEMNITY

Without detracting from any indemnities you give under the General T&C, you hereby indemnify and release us (and our Affiliates, employees, representatives and agents) from any and all loss, expense or damage we may suffer, or third party claims which may be made against us (actual, direct, consequential or otherwise, and of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed), which arise from your violation of any law or the rights of a third party relating to your use of BlisPay, including a violation of any Authorised Third Party’s terms and conditions or any dispute in relation to any purchase or sale of goods or services or money transfer conducted via BlisPay.

Without detracting from the general disclaimers we’ve made in the General T&C, note the following more specifically:

Although we use reasonable care to ensure that our Services will be uninterrupted and that transmissions will be error-free, and to ensure the security of the BlisPay account to the extent it is within our control, due to the nature of the internet we are unable to provide any guarantees in this regard. In addition, you acknowledge and agree that your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services, and that we may not be able to prevent unauthorized access to your BlisPay account.

We will not be liable for any currency depreciation, foreign exchange loss, loss of interest and other risks in relation to the amount kept, collected or paid as a result of using the Services. We are not required to pay to you any interest accrued thereon and you agree that we, or the Authorised Third Party, shall be entitled to retain any such interest.

Hyperlinks provided in BlisPay to Authorised Third Parties’ and other non-BlisPay sites/pages are provided as is and we do not necessarily agree with, edit or sponsor the content on such pages.

You shall assume all liabilities for the legality, authenticity, completeness and validity of your instructions given in the course of your use of the Services. You undertake that you shall solely assume all risks and liability relating to the actions of us, or an Authorised Third Party, acting in accordance with your instructions or purported instructions. You acknowledge that the relevant transaction information will be recorded by us or our Authorised Third Party in accordance with applicable law.

For clarity it is recorded that nothing in this Agreement affects your legal statutory rights (to the extent applicable) to have goods sent or services provided to you by the relevant Merchant or “Places” within a reasonable time or to receive a refund from the relevant Merchant or “Places” if goods or services ordered cannot be supplied by it within a reasonable time.

You acknowledge that the allocation of risk and responsibility as set out in this Agreement as read with the General T&C is reasonable because it accords with our inability to control how, and for what purposes, you use BlisPay or any of the Services available through it; us not having developed BlisPay or any of the Services specifically for you; the fact that, while we follow good industry practice, it is not economically possible for us to exhaustively test any software that supports the Services; and the amount of fees, if any, paid by you for BlisPay and/or Services we provide there through.

11 OTHER TERMS APPLICABLE

Your use of BlisPay and such of the Services as we may provide to you via BlisPay, is also subject to the General T&C, including its provisions regulating intellectual property, prohibited conduct, dispute resolution, disclaimers and limitation of liability, which General T&C are incorporated herein by reference.