bobPay User Agreement

 

1. The bobPay payment system

1.1.The bobpay payment system consists of various payment options that Sellers can activate on their profile to offer to Buyers. They are:

1.1.1. bobPay Credit Card: Available to all Sellers.

1.1.2. bobPay EFT: Available to all Sellers and is mandatory to offer as a payment option.

1.1.3. bobBucks: Available to all Sellers and is mandatory to offer as a payment option.

1.1.4. Discovery Miles: Available to all Sellers.

1.1.5. mobicred: Available to all Sellers

1.1.6. .Snapscan: Available to all Sellers

1.1.7. Zapper: Available to all Sellers

1.1.9. Cash Deposit: Available to all Sellers and is mandatory to offer as a payment option.

1.1.10. SCode: Available to all Sellers.

1.2. Bob Shop reserves the right to add or remove any of these payment options to or from a Seller's profile if it is deemed appropriate to do so, in Bob Shop's sole discretion.

 

2. Acceptance of bobPay and other payments methods on Bob Shop

If you choose to accept payments via bobPay (Bob Shop's online credit card payment or EFT system) or any other payment method available on Bob Shop you agree to the following:

2.1. By signing up for the bobPay Credit Card service or bobPay EFT service, you appoint Bob Shop to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement.

2.2. Bob Shop will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.

2.3. You acknowledge the nature of bobPay and accordingly agree that the operation of bobPay is known to you and you accept that it is suitable for the purpose it is intended to be used and further to this you acknowledge that:

2.3.1. Bob Shop is not a bank and the Service is a payment processing service rather than a banking service; and

2.3.2. Bob Shop is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as a custodian;

2.3.3. Bob Shop reserves the right to recoup any bank charges from either the Buyer or Seller when cash deposits or foreign inward transfers are made for bobPay EFT transactions. Bob Shop will first attempt to recover the bank charges from the Seller and if unsuccessful, the charges will be allocated to the buyer's account;

2.3.4. any funds received into a Seller's account will first be offset against any fees incurred by the Seller (example: success fees, enhanced fees etc.) and therefore the amount to be paid out, when a payout request is made, could be less than the actual amount received.

2.3.5. all interest accruing on any amounts held by Bob Shop for you from time to time, including interest accruing on any Withheld Portion (as described in clause below), shall accrue for the benefit of Bob Shop, and you shall have no claim whatsoever in relation to such interest amounts.

2.3.6. Bob Shop does not hold a deposit-taking license (a banking license) and cannot hold funds on your behalf which are not the proceeds of payments due to from the sale of goods or services where the payment instructions were processed by Bob Shop on your behalf.

2.3.7. if Bob Shop holds funds on your behalf which are not the proceeds of payments due to you from the sale of goods or services processed by Bob Shop, that Bob Shop will endeavour to return such funds to the payment maker within a period of 48 hours after those funds were deposited into our bank account.

2.3.8. the use of bobPay EFT, bobBucks, bobPay Cash Deposit are mandatory payment options that sellers need to offer when selling on the Bob Shop site. Bob Shop in its sole discretion may choose to remove any of these payment options from a seller's profile.

2.3.9. should any additional payments (over and above the actual order amount) be made through the bobPay system, Bob Shop reserves the right to charge a 5.75% excluding VAT fee for facilitating the payment on the excess amount paid.

 

3. Making Payments

If you wish to make a payment via bobPay (Bob Shop's online credit card payment or EFT system) you agree to the following:

3.1. You acknowledge that the Seller has appointed Bob Shop as an agent to collect money from Buyers on the Seller’s behalf and that once payment has been made by the Buyer, Bob Shop will pass these funds over to the Seller.

3.2. Users will have no claim against Bob Shop for payments made to Sellers through the bobPay payment system and hereby expressly indemnifies Bob Shop against any claims that might arise from using the bobPay payment system.

3.3. You acknowledge that once payment has been made through the bobPay system that Bob Shop cannot guarantee that the funds can be recovered or returned in a case where a Seller is fraudulent. In such an event, the Buyer will have to deal directly with the Seller in order to recover any monies lost as a result of non-fulfillment of any sale transaction.

3.4. Each order has a unique reference number for each seller, so payments cannot be combined for different sellers.

3.5. You must pay each seller separately using the relevent payment reference.

3.6. You can combine payments to a particular seller (if there is more than one order from that seller), this will be seen as an "overpayment" for that order. But it's best to check with the seller and confirm shipping amounts to avoid any problems with the final payment amount.

3.7. You acknowledge that:

3.7.1. Bob Shop is not a bank and the Service is a payment processing service rather than a banking service, and

3.7.2. Bob Shop is not acting as a trustee, fiduciary or escrow with respect to your funds.

 

4. Risk of Reversal of bobPay Credit Card And bobPay EFT Transactions

4.1. When you receive a payment through the bobPay Credit Card service, you have a choice of accepting it or rejecting it.

4.2. If you choose to accept it you are not protected against a subsequent reversal of the transaction (or chargeback).

4.3. In the event that the sender's transaction is reversed for any reason you will owe Bob Shop for the amount of the reversed transaction plus any fees imposed on Bob Shop as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorised bank account.

4.4. In the unlikely event that a bobPay EFT transaction is reversed by a bank for whatever reason, you will owe Bob Shop for the amount of the reversed transaction plus any fees imposed on Bob Shop as a result of the reversal.

4.5. Bob Shop will seek to recover the funds from you by debiting your Bob Shop account balance and, if there are not sufficient funds in your Bob Shop account, Bob Shop reserves the right to collect your debt to Bob Shop by any other legal means.

 

5. Acceptance and Use of Discovery Miles

5.1 The acceptance and use of Discovery Miles as a payment option is subject to the Standard Terms and Conditions of Use for Discovery Miles located here.

5.2 Payment by Discovery Miles is only open to Discovery Card Holders who have activated their Discovery Miles benefit. Please note: the monetary value of the Miles may be subject to change, without notice, as determined by Discovery Miles, from time to time.

 

6. Acceptance and Use of mobicred

mobicred is a easy to use credit facility, that allows a customer to shop online at participating retailers that offer the mobicred payment option.

6.1. Sellers accepting mobicred:

6.1.1. Sellers may choose to accept mobicred as a payment option to transact with buyers.

6.1.2. Payments for items with mobicred is settled in full with a once off payment for the order.

6.1.3. Once the payment is received and allocated to the order the funds are guaranteed and the items can be shipped.

 

6.2. Buyers using mobicred:

6.2.1. Buyers can use their mobicred facility with any seller that offers the mobicred payment option. mobicred allows buyers to purchase goods on credit and repay the purchase over a period of up to 12 months. Interest is charged at 22.25% per annum (The annual interest rate may change).

6.2.2. The monthly repayment amount displayed on items excludes mobicred fees.

6.2.3. Fees that are charged upon opening the account include a monthly service fee of R28.50 including VAT and a once off initiation fee of R 114.00 including VAT.

6.2.4. Applications for this facility are done directly with mobicred and is subject to their terms and conditions.

 

7. Acceptance of Snapscan Payments

7.1. Sellers may choose to accept Snapscan as a payment option to transact with buyers.

7.2. Payments for items with Snapscan is settled in full with a once off payment for the order.

7.3. Once the payment is received and allocated to the order the funds are guaranteed and the items can be shipped.

 

 

8. Acceptance of Zapper Payments

8.1. Sellers may choose to accept Zapper as a payment option to transact with buyers.

8.2. Payments for items with Zapper is settled in full with a once off payment for the order.

8.3. Once the payment is received and allocated to the order the funds are guaranteed and the items can be shipped.

 

 

9. Prohibited Transactions

9.1. You agree that you will not use bobPay to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties.

9.2. You will not use the bobPay service, the Bob Shop website or any of the services offered therein for any unlawful or fraudulent activity.

9.3. If Bob Shop has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the bobPay service may be suspended or terminated.

9.4. You will cooperate fully with Bob Shop to investigate any suspected unlawful, fraudulent or improper activity.

9.5. You also agree not to use your Bob Shop account to sell securities, business opportunities, franchises, multi-level marketing, or for the pre-order of goods.

9.6. You agree not to impersonate a Bob Shop User or a Bob Shop representative, or to request that a Bob Shop customer provide you with their password or other information to access their account.

 

10. Payment Limits

10.1. Payments of between R1.00(One Rand) and R10,000 (Ten Thousand Rand) will be accepted through the bobPay Credit Card payment system. For payment over R10,000 (Ten Thousand Rand) Bob Shop may at its discretion request additional documentation.

10.2. Payment limits may be changed by Bob Shop at anytime in it's sole and absolute discretion.

10.3. There are no payment limits when making use of bobPay EFT.

 

11. Local (South Africa) Payout Requests

11.1. Bob Shop performs checks, such as checking for proof of collection or delivery before releasing funds to sellers.

11.2 Bob Shop typically makes funds available two days after an order is collected by a courier but this may differ on a case-by-case basis. Orders which are not fulfilled through Bob Shop or are collected directly by a buyer may attract a longer pending status.

11.3 In order to withdraw funds that Bob Shop is holding in custody for you, you are required to make a payout request from the bobPay Payout Request page in the My Bob Shop Selling area of the Bob Shop website.

11.4. The funds will then be transferred electronically to your designated bank account (South African banks only).

11.5. Users have 1 (one) free payout in a calendar month, regardless of the amount requested. Thereafter a R5.00 (Five Rand) excluding VAT bobPay transfer fee will be charged for any payout amount under R3,000.00 (Three Thousand Rand). For amounts over R3,000.00 (Three Thousand Rand) no bobPay transfer fee will be charged.

11.5. If a user has used their 1 (one) free payout and requests another payout below R3,000.00 (Three Thousand Rand), the R5.00 excluding VAT (Five Rand) bobPay transfer fee will be charged.

11.6. If a user has R5.00 (Five Rand) in their account, the system will not process the payment if a bobPay transfer fee is applicable. A user can also not request less than R5.00 (Five Rand) as a payout.

11.7. Users will have a UI (user interface) where the banking details will be pre-populated with the last banking details entered. If not previously requested the banking details on file will be used, otherwise it will be left blank.

11.8. The requester needs to make sure the banking details reflected are correct. Bob Shop will not be held responsible for incorrect banking details received for transfers.

11.9. The maximum payout amount allowed will be limited to the balance in a User's account and the UI will not allow you to request more.

11.10. Between the times the request is made and the actual payout, the system will take into consideration any fees charged to your account and decrease the payout amount accordingly (if necessary).

11.11. Before the payout is affected, you can make changes to your initial payout request. If a new request is made, it will replace the previous unprocessed request.

11.12. If a request is made after the payout, the system will limit it to the available balance, taking into consideration the payout made previously.

11.13. Bob Shop reserves the right, from time to time, to request certified identity and address confirmation documentation before a payout request is processed.

 

12. International Payout Requests

12.1. Sellers who qualify for international payouts will be charged a payout request fee based on the amount paid out.

12.2. The payout fee will be calculated on the amount actually paid out regardless of the amount requested.

12.3. If the requested amount including the fee is greater than the balance available in the seller account, the payout amount and fee will be adjusted accordingly.

12.4. This fee does not include bank charges that a user may incur when transferring funds from South Africa to international destinations. Any charges levied by the receiving bank is the responsibility of the bank account holder that receives the funds.

12.5. The payout fee is calculated on the greater of a minimum fee or a tariff percentage of the transferred amount and capped at a maximum fee. The fees are currently set at:

12.5.1. Tariff: 0.55% excluding VAT based on the value of the transaction

12.5.2. Minimum fee: R200.00 excluding VAT per transaction

12.5.3. Maximum fee: R800.00 excluding VAT per transaction

 

13. Restricting of payouts requests.

When making use of bobpay you agree that:

13.1. Bob Shop may reserve the right to withhold the payout of funds for transactions that it deems, in it's sole discretion, to be of a high risk. This may include, but is not limited to, drop-shipped items, items of a high value or of a specialised nature.

13.2. Bob Shop may request that items must be delivered to the buyer in good order before the payout request is approved.

 

14. No Surcharges

14.1. Under Visa, MasterCard, Diners and American Express regulations, merchants may not charge a fee to the Buyer for accepting credit card payments (often called a "surcharge").

14.2. You agree that you will not impose a surcharge or any other fee for accepting bobPay payment method which may include but is not limited to, Credit Card, bobPay EFT, Discovery Miles, mobicred, Snapscan, and SCode, Zapper, Masterpass or FNBpay.

 

15. Processing

15.1. Bob Shop shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received.

15.2. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.

 

16. Closing And Restricting Accounts

Bob Shop, at its sole discretion, reserves the right to:

16.1. close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody.

16.2. at its sole discretion, also reserves the right to periodically retrieve and review a business and / or consumer credit report for any account, and reserves the right to close an account based on information obtained during this credit review process.

 

17. Termination

17.1. Bob Shop, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

 

18. Security Features

18.1. Bob Shop strongly suggests that you use a web browser with 128-bit encryption. However, regardless of whether you use a web browser with security features, Bob Shop is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.

18.2. It is your responsibility to, and you agree and warrant that you will, keep your username and password secure and confidential at all times in that you will only use your username and password for your own personal use and will not disclose your username and password to any other persons, or enable any other persons to otherwise access your Bob Shop Account.

18.3. If you are a Legal Entity, you must further ensure that the persons authorised by you to access your Bob Shop Account do so within the scope of their authority and do not disclose your username and password to any unauthorised person or enable any unauthorised person to otherwise access your Merchant Account.

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

18.5. All of our web addresses begin with https://www.bobshop.co.za and you should thus only log in to your Bob Shop Account from a page which begins with https://www.bobshop.co.za.

18.6. Bob Shop will not be liable for any loss or damages suffered as a result of your user account being compromised for any reason other than gross negligence on the part of Bob Shop.

18.7. You agree to notify Bob Shop immediately should you believe that your account or password has been compromised.

 

19. Electronic Fund Transfer Rights And Error Resolution

19.1. You acknowledge that

19.1.1. It is your responsibility to provide Bob Shop with the correct banking details when requesting a payout of funds.

19.1.2. it is your responsibility to safeguard your password and that you indemnify Bob Shop against any claims whatsoever resulting from, but not limited to, unauthorized access to your account, unauthorized changes to banking details or payout requests to other bank accounts

19.1.3. It is your responsibility to notify us if funds has been transferred from your account without your permission.

19.1.4. You will contact our offices immediately via phone if your account has been compromised as emails could be delayed for various reasons.

 

20. Miscellaneous Disclaimers

20.1. Bob Shop reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.

20.2. Bob Shop will not be held responsible for incorrect banking details or incorrect amounts being provided by you which may lead to funds held by Bob Shop on your behalf being transferred to the incorrect party or recipient. It is your responsibility to ensure the accuracy of the provided banking details.

20.3. Bob Shop shall not be responsible for any fraud, deception or misrepresentations by Users, whether or not the User is Verified.

20.4. Bob Shop shall not be obligated to pay a User for any payments for which Bob Shop has not been fully paid by the sender's credit card issuer or bank, as applicable.

20.5. Bob Shop is not responsible for refunds or refunding payments, a refund may be given at our sole discretion and may take up to 30 days.

20.6. Bob Shop will not have any liability in connection with any unauthorised interception or use of data relating to you or the Bob Shop service; any inability by you to use or access the service or the Bob Shop website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Bob Group (Pty) Ltd. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.

20.7. In no event shall Bob Shop be liable (i) for damages caused other than by intentional misconduct or (ii) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the Bob Shop website, even if Bob Group (Pty) Ltd has been advised of the possibility of such damages. In no event shall Bob Group (Pty) Ltd be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

20.8. Bob Shop reserves the right to require Users who receive payments through bobPay and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their Bob Shop account or entering into an additional agreement addressing such risks, which may include higher fees.


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