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Terms of Service

Platform usage terms and conditions

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Privacy Policy

How we collect, use and protect your data

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Terms of Service

Adopted by Pagamio Proprietary Limited (Registration Number: 2023/594048/07) with effect from 1 May 2026.

1. Introduction

1.1.These Terms of Service record the terms and conditions governing User access to the Platform, including the capabilities, features, products, services and functionalities made available on the Platform from time to time.
1.2.In addition to the capabilities, features, products, services and functionalities made available on the Platform directly by Pagamio, any such capabilities, features, products, services and functionalities made available through third-party integrations may be subject to that third party's own terms and conditions.
1.3.Any Policy adopted by Pagamio from time to time, official Pagamio publication and/or third-party terms and conditions (where applicable), shall be incorporated into these Terms of Service by reference.
1.4.A glossary of the capitalised terminology adopted throughout these Terms of Service is set out in Schedule I.

2. The Pagamio Platform

2.1.The Platform provides Users with access to core point-of-sale functionality, integrated inventory and product management tools, terminal rental facilities, value-added services and products, and such other capabilities as may be introduced by Pagamio from time to time.
2.1.1.The breakdown of the products available on the Platform is accessible here.
2.1.2.More details in relation to the solutions available on the Platform are accessible here.
2.2.Except where a specific purpose is expressly linked to the particular capabilities, features, products, services and functionalities made available on the Platform from time to time, Pagamio disclaims any implied warranty of merchantability or fitness of the Platform for any other purpose.

3. Subscription Tiers and Pricing

3.1.In the case of merchants, access to the Platform is structured in Subscription tiers, which are available on both a monthly and annual basis.
3.2.A breakdown of the pricing and tier-based privileges of each Subscription (including the applicable terms and conditions) is accessible here.

4. User Registration

4.1.Every User is subject to the registration, verification and User-onboarding processes implemented by Pagamio from time to time.
4.2.The User is responsible for ensuring that all information on its User profile remains complete, accurate and up to date, and shall comply with all reasonable requests by Pagamio for additional information or documentation, including any KYC and related compliance information required under any applicable law or regulation.

5. Intellectual Property

5.1.Nothing in the Terms of Service shall be construed as Pagamio transferring, ceding or assigning to any User (or any other third party) any rights, title or interest in and to any Intellectual Property.
5.2.The User retains ownership of all transactional and operational data that it processes or generates on the Platform, provided that nothing in these Terms shall preclude Pagamio from:
5.2.1.using such data as is reasonably necessary for the operation, maintenance, support and security of the Platform;
5.2.2.using such data (in de-identified or aggregated form where reasonably practicable) for analytics, reporting, product and capability improvements, and the development of new services; and
5.2.3.creating, using, commercialising and/or reselling aggregated and/or anonymised market insights, benchmarks and other statistical information derived from such data.
5.3.Any attempt by a User to circumvent the Intellectual Property and/or corresponding rights of Pagamio shall constitute a material breach of these Terms of Service.

6. Data Security and Privacy

6.1.Notwithstanding the technical and organisational measures implemented by Pagamio to safeguard the data collected and/or processed by it on the Platform, every User shall retain the responsibility to implement all such measures as may be necessary to safeguard the integrity of their profiles on, and access to, the Platform.
6.2.The policy framework adopted by Pagamio in respect of personal information is set out in its Privacy Policy, which is accessible here.
6.3.Any breach of the Pagamio Privacy Policy by a User shall constitute a material breach of these Terms of Service.

7. Warranties

7.1.Every User provides the following warranties in favour of Pagamio:
7.1.1.the User will comply with all applicable laws and regulations in its engagement with Pagamio and its use of the Platform;
7.1.2.the User will observe the utmost good faith in all dealings with Pagamio and will neither do anything nor refrain from doing anything which might prejudice or detract from the rights, assets, or interests of Pagamio; and
7.1.3.the User will make full disclosure to Pagamio of any matter that may adversely affect the integrity of the Platform.
7.2.Each of the abovementioned warranties is separate and not limited by reference to any warranty outlined in these Terms of Service.
7.3.Any breach of a warranty shall constitute a material breach of these Terms of Service, irrespective of where it is recorded.

8. Limitation of Liability

8.1.Each User indemnifies and holds harmless Pagamio (including its affiliates, directors, officers, employees, contractors and agents) from and against all and any liabilities, claims, demands, actions, losses, costs and expenses of whatsoever nature and howsoever arising as a consequence, whether directly or indirectly, of any intentional or negligent act or omission by the User which is dishonest, constitutes fraud, or which amounts to a breach of these Terms of Service.
8.2.Pagamio shall not be liable and no User shall have any claim of whatsoever nature for any interruption, suspension or termination of access to the Platform in circumstances where this is attributed to an Event of Force Majeure, Pagamio invoking any suspension or termination right and/or where the interruption, suspension or termination (as the case may be) is attributable to a failure in the system or processes of the User.
8.3.In any circumstances where Pagamio may be liable to a User in connection with these Terms of Service and/or the Platform, such liability shall be limited to direct loss and shall not, for any reason, be extended to indirect or consequential loss.
8.4.The limitation of liability established by these Terms of Service shall continue in full force and effect and survive the termination of any User's engagement of Pagamio for whatsoever reason.

9. Suspension and Profile Deactivation

9.1.Pagamio shall be entitled to effect the immediate suspension of any User profile and/or access to the Platform in circumstances where, according to the reasonable determination of Pagamio:
9.1.1.the User is in default of any provision of these Terms of Service and/or any term or condition applicable to any Platform capability or payment obligation (with or without any opportunity to remediate this default);
9.1.2.the suspension is necessitated by any law, a competent court order or regulatory intervention; and/or
9.1.3.the suspension is necessary to protect the technical or operational integrity of the Platform or any associated system.
9.2.For the sake of clarity, Pagamio may, but is not obliged to, afford a defaulting User a reasonable opportunity to remedy its breach of these Terms of Service and/or any term or condition applicable to any Platform capability or payment obligation prior to implementing a suspension of that User's profile.
9.3.The profile of any User shall be deactivated where it has been suspended for a consecutive period of 60 (Sixty) calendar days (irrespective of the reason) and/or upon the Written request of the User.
9.4.Any User in default of these Terms of Service shall be liable for the legal fees incurred by Pagamio in enforcing the obligation(s) in default, irrespective of whether any formal legal proceedings are actually instituted.

10. Dispute Resolution

10.1.Any dispute arising out of or in connection with these Terms of Service may be referred to any court of competent jurisdiction, provided however that each User shall submit to the non-exclusive jurisdiction of the Gauteng Division of the High Court of the RSA, with its seat in Johannesburg.
10.2.While a dispute is continuing, each User is obliged to discharge the obligations established by these Terms of Service until such time that a binding determination has been made dictating that any such obligation has been extinguished.

11. Notices

11.1.Any queries, recommendations or requests in connection with these Terms of Service must be directed via electronic mail to [email protected].
11.2.If any such notice is delivered during Business Hours, it shall be deemed to be received by Pagamio on the date of successful transmission of the electronic mail. Any electronic mail sent after office hours or on a day which is not a Business Day will be presumed to have been received by Pagamio on the following Business Day.

12. Mandatory Amendments

12.1.These Terms of Service and/or any associated Policy shall, in the sole and unfettered discretion of Pagamio, be subject to all such amendments reasonably necessary to ensure their continued effectiveness, relevance, and compliance with evolving business needs, industry standards, and legal/regulatory requirements.
12.2.Users will be alerted to any updated versions of this Policy which will be made available on the Platform.

13. General Provisions

13.1.These Terms of Service constitute the entire agreement between Pagamio and each User, superseding all prior provisions, terms, conditions, stipulations, warranties or representations of any nature, whether express or implied.
13.2.The headings in these Terms of Service are included for reference purposes only and shall not in any way affect or govern the interpretation or construction of these Terms of Service.
13.3.The rule of construction that these Terms of Service shall be interpreted against Pagamio as the author of the Terms of Service shall not apply.
13.4.No failure or delay by Pagamio to exercise any right or remedy under these Terms of Service or by law shall constitute a waiver of that right or remedy.
13.5.No User shall be entitled to cede, assign or otherwise transfer any rights, interests or obligations under these Terms of Service without the prior Written consent of Pagamio.
13.6.Any provision of these Terms of Service which contemplates surviving performance (notwithstanding whether provision is expressly made for same), shall continue in full force and effect and remain binding on any User whose profile on the Platform becomes deactivated for whatsoever reason.
13.7.If any provision or part-provision of these Terms or Conditions is or becomes invalid, illegal or unenforceable, it shall be severable from and shall not affect the validity and enforceability of the remainder of these Terms of Service.
13.8.The provisions of these Terms of Service shall be binding on any successor in title, executor, heir, liquidator, business rescue practitioner, curator or trustee, of every User.
13.9.These Terms of Service and any dispute or claim under or in connection with these Terms of Service shall be interpreted, governed and construed according to the laws of the RSA.

Schedule I: Glossary

"Business Days"Any day except a Saturday, Sunday or official public holiday in RSA.
"Business Hours"08h00 – 17h00 on any Business Day.
"Force Majeure Event"Any circumstance beyond the reasonable control of Pagamio, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, pandemics, government-imposed restrictions and regulations, or the failure in public utilities.
"Intellectual Property"All and any of Pagamio's intellectual property and rights, irrespective of whether or not such property or rights are registered or capable of being registered, including without limitation: (a) corporate identification; (b) trademarks; (c) trade names; (d) designs; (e) brand names; (f) logos; (g) slogans; (h) emblems; (i) copyrights; (j) patents; (k) inventions; (l) designs; (m) know-how; (n) processes; (o) improvements; (p) specialised information and expertise; (q) methodologies; (r) application programming interfaces (APIs); (s) data structures; (t) Platform infrastructure and service logic.
"KYC"Know-your-customer.
"Pagamio"Pagamio Proprietary Limited, a private company incorporated according to the laws of RSA, with registration number: 2023/735133/07.
"Platform"Pagamio's web-based platform incorporating core point-of-sale functionality, integrated inventory and product management tools, terminal rental facilities, value-added services and products, financial products (and/or such other capabilities and functionalities as may be introduced by Pagamio from time to time).
"Policy"Any policy adopted by Pagamio from time to time.
"RSA"The Republic of South Africa.
"Subscription"The arrangement under which a merchant is granted time-limited, tier-based rights of access to the capabilities, features, products, services and functionalities available on the Platform.
"Terms of Service"These terms of service, being the principal source of the terms and conditions regulating User access to, and use of, the Pagamio Platform.
"User"The users of the Platform, including merchants and registered resellers of Pagamio's products and services.
"Written" or "in Writing"Any type-written communications including electronic mail.
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Privacy Policy

Adopted by Pagamio Proprietary Limited (Registration Number: 2023/594048/07) with effect from 1 May 2026.

1. Introduction

1.1.This Policy outlines the basis upon which Pagamio will deal with the Personal Information of its Data Subjects within its commercial ecosystem. For the sake of clarity, this Policy shall apply to all Users of the Platform.
1.2.The objectives of this Policy are rooted in Pagamio's compliance with the legislative framework regulating data protection and privacy in RSA, including POPIA and PAIA.
1.3.A glossary of the capitalised terminology adopted throughout this Policy is set out in Schedule I.

2. Personal Information

2.1.Pagamio may be required to Process Personal Information in order to carry out its commercial functions, including any bona fide function in relation to the Platform.
2.2.Any Personal Information Processed by Pagamio shall be subject to the foundational principles established by POPIA.

2.2.1. Accountability

2.2.1.1.Pagamio acknowledges the obligations and duties established by POPIA. All of the associated compliance functions will be carried out by the Information Officer.

2.2.2. Processing Limitation

2.2.2.1.The Processing of Personal Information by Pagamio shall be carried out in a manner which is lawful and consistent with the framework established by POPIA.

2.2.3. Purpose Specification

2.2.3.1.Personal Information will only be processed by Pagamio for specific and legitimate purposes arising from, among other things, the Platform and/or the due performance of any contractual or legislative obligation.

2.2.4. Further Processing Limitation

2.2.4.1.Any Personal Information collected for a specific purpose will not be Processed in a manner which is incompatible with that original purpose.

2.2.5. Information Quality

2.2.5.1.Pagamio will take all reasonable steps to ensure that the Personal Information Processed by it is complete, accurate, not misleading and up to date.

2.2.6. Openness

2.2.6.1.Data Subjects will be informed of the nature of the Personal Information Processed by Pagamio, which information shall include (but not be limited to):
  • registration, authentication and profile data;
  • subscription and payment details;
  • services and support information;
  • cookies, device and browser information; and
  • location information.

2.2.7. Security Safeguards

2.2.7.1.The integrity of the Personal Information collected, Processed and/or retained by Pagamio will be treated as a priority, subject to ongoing review and management by the Information Officer.

2.2.8. Data Subject Participation

2.2.8.1.Pagamio specifically acknowledges the following rights of its Data Subjects:
  • to be notified that their Personal Information is being collected by Pagamio;
  • to be notified in the event of a data breach concerning their data;
  • to be made aware that Pagamio holds Personal Information concerning them;
  • to request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained Personal Information;
  • to object to Pagamio's use of their Personal Information;
  • to object to the Processing of their Personal Information; and
  • to lodge a complaint to the Information Regulator regarding any alleged infringement of their rights protected under POPIA.

3. Access to Records

3.1.Any request for access to the records of third-party data (including Personal Information) collected, Processed and/or retained by Pagamio shall be subject to the provisions of PAIA.
3.2.All such requests must be made on the prescribed form, accessible at the following link: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf.
3.3.The Information Officer will make a determination on the request for access to records within 30 (Thirty) days, unless:
3.3.1.the request is for a large number of records;
3.3.2.the search for the records is to be conducted at a premises not situated in the same town or city as the registered address of Pagamio; or
3.3.3.the requestor and Pagamio agree to an extension for any other reason.
3.4.The grounds on which any such request may be refused include:
3.4.1.where the requested record constitutes information subject to professional legal privilege;
3.4.2.where refusal is necessary to protect commercial or confidential information concerning Pagamio or any third party;
3.4.3.where refusal is necessary to protect the safety of individuals or property; or
3.4.4.where the granting of access would result in the unreasonable disclosure of Personal Information.
3.5.In the event that the Information Officer fails to respond to a request for access to records within the prescribed period, the request will be deemed to have been refused in accordance with PAIA.
3.6.Where a request is approved, the Information Officer will advise the requestor of the applicable access fee and format in which access to the record(s) will be granted.
3.7.Where a request is denied, the requestor shall be entitled to lodge a complaint with the Information Regulator.

4. Data Security

4.1.Pagamio has implemented and shall at all times maintain appropriate technical and organisational security measures to safeguard the Personal Information collected, Processed and/or retained on the Platform.
4.2.Any suspected breach or misuse of the information collected and/or Processed by Pagamio will be investigated and, where applicable, reported to the Information Regulator.
4.3.Pagamio strictly reserves the right to take whatsoever steps as may be necessary to secure the integrity of its data security measures, such systems being subject ongoing review and management by the Information Officer.

5. Third Party Services

5.1.The Platform may include links to certain third party websites and services which are independent of Pagamio and the scope of this Policy.
5.2.Any Personal Information disclosed, utilised and/or Processed in connection with the use of any third party services shall be subject to the privacy policy framework of the third party concerned.

6. Policy Updates

6.1.This Policy shall be subject to periodic updates as a means to ensure its continued effectiveness, relevance, and compliance with evolving business needs, industry standards, and legal/regulatory requirements.
6.2.Users will be alerted to any updated versions of this Policy which will be made available on the Platform.

7. Contact

7.1.Any queries, recommendations or requests in connection with this Policy must be directed to the Information Officer at [email protected].

Schedule I: Glossary

"Data Subjects"The third parties (whether natural or juristic persons) to whom the Personal Information Processed by Pagamio relates.
"Information Officer"The designated head of Pagamio, being a private body contemplated by POPIA.
"Information Regulator"The independent regulatory body established by POPIA.
"Pagamio"Pagamio Proprietary Limited, a private company incorporated according to the laws of RSA, with registration number: 2023/594048/07.
"PAIA"The Promotion of Access to Information Act 2 of 2000, as may be amended from time to time.
"Platform"Pagamio's web-based platform incorporating core point-of-sale functionality, integrated inventory and product management tools, terminal rental facilities, value-added services and products (and/or such other capabilities as may be introduced by Pagamio from time to time).
"Personal Information"Information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and/or (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
"Policy"This Pagamio Privacy Policy, as may be updated and amended from time to time.
"POPIA"The Protection of Personal Information Act 4 of 2013, as may be amended from time to time.
"Process", "Processed" or "Processing"Any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including: (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information.
"Responsible Party"Pagamio, being a private body which determines the purpose of and means for processing personal information in the course of its business activities.
"User"The users of the Platform, including merchants and registered resellers of Pagamio's products and services.