Terms & Conditions

FairPay Platform terms and conditions:

  1. FairPay Platform

    1. The FairPay Platform is brought to you by Mobi Pay Management Solutions (Pty) Ltd (“Mobi Pay Management Solutions”/we/us/our), a company registered in South Africa and in accordance with laws of South Africa with registration number: 2019/ 138009/ 07.
    2. The FairPay Platform allows you through a mobile application to upload value to transport card/s and to purchase goods and services from third party providers that are hosted on the FairPay Platform.
    3. By using the FairPay Platform you indicate that you agree to the following terms and conditions (“FairPay Platform terms and conditions”) and understand that you will become a FairPay user (“user”) and a customer (“customer”), herein after referred to as (“you”), of Mobi Pay Management Solutions.
    4. Please read these FairPay Platform terms and conditions carefully as these FairPay Platform terms and conditions form an agreement with you as the Fairpay user and a customer of Mobi Pay Management Solutions.
    5. These FairPay Platform terms and conditions may apply to you for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). Nothing contained in the FairPay Platform Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Mobi Pay Management Solutions in terms of the CPA.
    6. Every provision of these FairPay Platform terms and conditions is deemed to be separate and severable. In the event that any provision is found to be void or unenforceable for whatever reason, such provisions must be severed from the remaining provisions which shall be valid or enforceable.
    7. The use of the FairPay Platform is subject to these FairPay Platform terms and conditions. By using this FairPay Platform in any way, you shall be deemed to have accepted all the FairPay Platform terms and conditions unconditionally.
    8. You must not use the FairPay Platform or any part thereof if you do not agree to the FairPay Platform terms and conditions.
    9. To understand how we collect, use, protect and handle your personal information, – please see our privacy notice https://www.fairpay.co.za/ .The privacy notice is incorporated into these FairPay Platform terms and conditions.
    10. If you are a minor (below the age of 18 years old), please ask your parent or guardian to review these terms and conditions. The parent or guardian of a minor is required to accept these terms and conditions.
  2. Term and duration
    1. The FairPay Platform terms and conditions govern your use of the FairPay Platform and FairPay Wallet. The FairPay Platform terms and conditions shall commence from the date on which they are published on the FairPay Platform and continue indefinitely, as amended by Mobi Pay Management Solutions from time to time, for so long as the FairPay Platform exists and is operational.
    2. Mobi Pay Management Solutions retains the right to amend or terminate these FairPay Platform terms and conditions and/or shut down the FairPay Platform at any time.
    3. You will be notified of the amended FairPay Platform terms and conditions. It is your responsibility to go through the amended FairPay Platform terms and conditions to ensure you understand them. Notwithstanding the above, Mobi Pay Management Solutions may, amend the terms of this agreement, or withdraw the agreement on notice to you which will be on the FairPay Platform. You are required to visit the FairPay Platform regularly to see notices, updates and/or changes. If you do not agree to the updates and/or changes then you must inform us of this (please see details under the contact us section) and you must stop using the FairPay Platform.
  3. FairPay Platform registration
    1. In order to access the FairPay Platform you are required to register on the FairPay Platform using the following information [your name, surname, mobile number, Identity number or passport number]. You are required to provide this information as part of the registration process and Mobi Pay Management Solutions Know Your Customer (KYC) requirements that are derived from and which purpose is in accordance anti-money laundering legislation laws, Financial Intelligence Centre Act No, 2001 (“AML requirements”).
    2. A One Time Pin (“OTP”) will be sent to you. You agree and warrant that your OTP shall be used for personal use only and shall not be disclosed to any third party. For security purposes you are required and accept that you agree to enter the OTP whenever you access the FairPay Platform.
    3. The FairPay user is required to ensure that no unauthorised access to the FairPay Platform is obtained using your OTP. Should you as the user fail to ensure that no unauthorised access is obtained using your OTP, then you will be fully and wholly liable herein; we will not be held liable for this. You, as the FairPay User shall be liable for all such activities conducted, whether authorised or not on the FairPay Platform.
    4. You, as the FairPay user agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your OTP and to take steps to mitigate any loss or harm.
  4. Use of the FairPay Platform
    1. By using the FairPay Platform you warrant that you have the legal capacity and/or authority to enter into and be bound by these FairPay Platform terms and conditions. We will not be held liable for any misrepresentation of legal capacity herein.
    2. You are only allowed to use the FairPay Platform for lawful purposes and for your personal use and non-commercial use.
    3. You warrant that you will not use the FairPay Platform for any illegal or fraudulent purposes or to receive or transmit material which is in violation of any law or regulation.
    4. You agree that you will use the FairPay Platform in accordance with the laws of South Africa and all applicable laws when using the FairPay Platform irrespective of the country you access and use the FairPay Platform.
    5. You agree that you will not in any manner use software or any other instrument to interfere or attempt to interfere or infringe the proper working of the FairPay Platform.
    6. You may not in any way display, publish, copy, print, post or otherwise use the FairPay Platform and/or the information contained in the FairPay Platform or reverse engineer, modify, duplicate, circumvent or perform any similar action when accessing and/or using the FairPay Platform.
    7. Any failure to use the FairPay Platform (including the FairPay Wallet, transport card, any services) in accordance with these FairPay terms and conditions will result in your access being revoked and terminated. Any steps taken that results in access being revoked and terminated does affect Mobi Pay Management Solutions rights and remedies, all of which shall remain reserved.
  5. FairPay Wallet
    1. As a customer of the FairPay Platform you will have access to an individual FairPay Wallet (“FairPay Wallet”) subject to your registration on the FairPay Platform. Your OTP will be used for the purpose of accessing the FairPay Platform and Fair Pay Wallet.
    2. The FairPay Platform allows you to load value into the FairPay Wallet in order to perform the following functions:
      1. Load value to your FairPay Wallet
      2. Load value to the FairPay wallet at an approved agent
      3. Top-up your transport card from the FairPay Wallet through loading value from the wallet to your transport card. The use of your transport card is subject to the FairPay Platform Commuter terms as detailed below as well as the requirements as prescribed in terms of applicable laws, and such terms and requirements prescribed by the South African National Roads Agency
      4. Buy airtime, data and bundles
      5. Buy pre-paid electricity and
      6. Buy products and services on the FairPay Platform.
    3. Your FairPay Wallet is not a bank account. The value loaded in your wallet only allows you the functionality provided in section 5.2. No interest is earned or payable to you in respect of any value in your FairPay Wallet.
    4. Your FairPay Wallet will be valid for use from the time you register on the FairPay Platform or within a reasonable time thereafter.
    5. The value that you are able to load or top-up your FairPay Wallet with will be subject to certain transaction value limits. Information regarding these limits will be made available to you on the FairPay Platform.
    6. The use of your FairPay Wallet shall end in accordance with an end of use event which is as follows:
      1. An end of use event constitutes the following:
        1. A FairPay customer request the closure of their FairPay wallet. In such event such customer will not be able to have access to the FairPay Wallet from the date the FairPay Wallet is closed.
        2. The FairPay Wallet that has no activity for a period of 12 (twelve) months will be changed to a dormant status. Where the dormant status remains for a period of 3 (three) years the FairPay will be closed.
        3. A FairPay customer passes away and we are requested to close the customer’s wallet.
    7. Where such end of use event in section 5.6.1 occurs, the value in your FairPay Wallet less any outstanding transactions will be refunded to you. In this event, of a refund of any value, such refund shall be subject to the applicable refund requirements that will be made available.
  6. FairPay Platform Commuter Terms
    1. Your transport card constitutes fare media and allows you to pay for your public transport fares through the contactless use of the transport card as part of an automatic fare collection process.
    2. Your transport card will provide for interoperability in terms of use of public transport and allows for the automatic collection of your fares.
    3. You will be able to use your transport card to pay for your public transport fares by way of an automatic fare collection provided that there is sufficient value loaded in your transport card.
    4. Your FairPay wallet on the FairPay Platform allows you to easily load value to your transport card and check your balances.
    5. You will not be able to use your transport card to pay for your public transport fares if you have no value or if you do not have sufficient value loaded on your transport card to cover your public transport journey/trip.
    6. There is no limit to the number of transport cards that you can add on the FairPay Platform. The FairPay Wallet allows you to top-up any transport card added by you on the FairPay Platform subject to the applicable transaction value limits.
    7. You must use the same transport card to complete a journey/trip and failure to do so may result in a penalty fee that will be deducted from your transport card.
    8. You are required to use your transport card in accordance with applicable laws and requirements of use.
    9. Should you fail to use your transport card in accordance with applicable laws and requirements your transport card will be suspended or deactivated.
    10. You must always ensure that your transport card that you use for your journey/trip has a sufficient balance. A negative balance status of your transport card may result in your card being suspended or deactivated.
    11. Your transport card must not be tampered with; a tampered transport card will result in the transport card being suspended or deactivated.
    12. Any fraudulent activity of a transport card will result in the transport card being suspended or deactivated.
    13. You will not be able to use a transport card that has a suspended or deactivated status.
    14. Any steps taken that results in a transport card being suspended or deactivated does affect Mobi Pay Management Solution’s rights and remedies, all of which shall remain reserved.
    15. The value that you are able to load or top-up your transport card with will be subject to certain transaction value limits. Information regarding these limits will be made available to you.
    16. You will be unable to reverse of receive a refund on the value you load or top-up to your transport card.
    17. A transport card that has no activity for a period of 12 (twelve) months will be changed to a dormant status. Where the dormant status remains for a period of 3 (three) years the transport card will be deactivated/closed. In this event, of a refund of any value that is on the transport card, such refund shall be subject to the applicable refund requirements that will be made available to you.
    18. For all queries and support, including any replacements, faults, damage, lost or stolen transport cards issued by us, please contact us (please see details under the contact us section).
    19. The automatic fare collection process forms part of the National Department of Transport sanctioned Account Based Ticketing (ABT) system supported and facilitated by South African National Roads Agency. Applicable SANRAL terms and conditions will apply to your transport card.
    20. You will be able to register and activate a mobility account with SANRAL directly. Your transport card will then be linked to your mobility account. You will also be able to load value and top-up your mobility account. A transport card that is not linked to a mobility account will be anonymous and no action can be taken by us or SANRAL if your transport card is lost or stolen. You may contact SANRAL for further information regarding the registration and activation of your mobility account.
  7. Warranties and disclaimers
    1. As a customer of Mobi Pay Management Solutions, we will use reasonable care and skill in providing the FairPay Platform services to you in accordance with these terms and conditions.
    2. The warranty provided in clause 7.1 shall not apply to (i) the performance, availability, delay vulnerability or error of any system or process outside of Mobi Pay Management Solutions’ control (ii) your use of the Fair Pay Platform other than in accordance with these terms and conditions.
    3. You understand and acknowledge that the FairPay Platform is used at your sole risk. You are solely responsible for any damages or loss if you allow anyone to use or access the FairPay Platform.
    4. The FairPay Platform and all related services provided on the FairPay Platform is provided “as is” without any warranties of any kind. No warranties or guarantees of any nature (other than that provided in clause 7.1) are given.
    5. Mobi Pay Management Solutions, its agents and affiliates do not represent, warrant or guarantee that the FairPay Platform or any related services provided on the FairPay Platform: (i) will operate without interruption, (ii) is secure or free from errors or other harmful components.
    6. You acknowledge and understand that the FairPay Platform is not provided according to your specific circumstances.
  8. ZAR
    1. Goods and services will be reflected in ZAR.
  9. Delivery and shipping
    1. The goods and services (“product”) purchased via the FairPay Wallet will be delivered via a digital delivery method. No physical shipment will be made. The digital delivery time of the product will depend on the type of product purchased, in most instances the digital delivery of the product will be made within a few minutes.
  10. Limitation of liability
    1. Mobi Pay Management Solutions’ (including its group of companies and affiliates) total liability to you in terms of all claims, losses and damages is limited to the actual value of the transaction initiated on the FairPay Platform.
    2. Nothing in clause 8.1 shall limit Mobi Pay Management Solutions’ liability where such liability cannot be limited lawfully, including any gross negligence and unlawful conduct.
  11. Contact us:

    We value your feedback please contact us for all queries, support and complaints on:

    Telephone number: 0871525392

    Email address: support@fairpay.co.za

  12. Entire Agreement

    These FairPay Platform terms and conditions form the entire agreement between you and Mobi Pay Management Solutions. Any waiver by Mobi Pay Management Solutions of any specific provision, term, condition or requirement of these terms and conditions shall not constitute a waiver of any future obligation by you to comply with any such provision, term, condition or requirement.

    Transaction value limits – this is the maximum balance*:

    1. Your transport card: R3000
    2. Your FairPay Wallet: R20 000

    *The transactional value limits are subject to amendment on notice to you on the FairPay Platform