2.1. For all Services provided, Moya Money only provides software and does not have an employment, agent, advisory, representative or broker relationship with any user. Your use of the Application or the Services is entirely at your own risk and based on your own volition and expertise.

2.2. Moya Money does not provide any regulated financial, advisory, banking or payment services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights. All financial services on the Application are rendered by our partners who are registered financial or payment services providers.

2.3. Your personal financial situation is unique, and it is your responsibility, given your financial and other individual circumstances, to use any information or function obtained through the Services appropriately and responsibly when implementing your decisions. Before making any financial decisions, you should obtain advice which is specific to your individual circumstances.

3.1. To make use of the Services, you must complete the necessary registration process detailed on the Application and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current, and complete information during the registration process and to update such information as and when it changes.

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3.2. Moya Money requires you to submit your full name, email address, address, phone number, social media profile details, and when necessary banking information (which is processed and kept by our payment services provider) when registering a Profile. Users may then set up additional features of their Profile, depending on the exact Services acquired, as prompted by the Application.

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3.3. To protect your privacy and security, the Application takes reasonable steps to verify your identity by requiring you to enter a one-time pin sent via SMS to your phone or a verification email in order to grant access to your Profile and data. To view or change your personal information provided, you can access your Profile and edit your personal information.

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3.4. By entering your personal information on the Application, you warrant that the person using the Application is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.

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3.5. Please see Moya Money’s Privacy Policy for more details on how Moya Money uses and processes your personal information.

4.1. Providing service via Web Application – “Moya Money Platform.” Once registered, the user is allocated a unique Profile which is under their control, and which can be manipulated by the relevant Profile owner using the various tools made available on the Application. Some of the features of the Application used by a user may automatically adjust or manipulate a Profile in accordance with the tool’s functions.

4.2. For further and exact information on the various Services currently offered by Moya Money, or those specific to you, please consult the Application or contact one of the team members. You may also contact us at hello@moya.africa and we will gladly assist.

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4.3. For general information purposes, and subject to further information relating to these Services made available by Moya Money on the Application or elsewhere, the following details some of the exciting offerings which constitute our Services available to users:

4.3.1. Dynamic invoicing and document generation tool for easy reconciliation

4.3.1.1. This is available for both businesses and freelancers. Business users can prompt freelancers to submit invoices or other documents.

4.3.1.2. User’s data will be stored on the Application and visually organised on a page, dashboard on the home and or analytic pages.

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4.3.2. Plug & play API

4.3.2.1. This is available for business users. It is an easy to integrate functionality for users who need to add value to their own existing application or platforms. Business users can prompt freelancers to submit invoices or other documents.

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4.3.3. Process payments

4.3.3.1. This is available for business users. This will allow business users to make bulk payments to freelancers or make multiple splits on single payouts via our third-party integrations such as Ozow or Paystack.

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4.3.4. Early access to payments

4.3.4.1. This is available for both businesses and freelancers. Businesses will be able to tap into Moya Money’s early access facility at a cap and allow verified freelancers to request an early payout. This is to ensure that freelancers get paid within a reasonable amount of time period. It is an easy to integrate functionality for users who need to add value to their own existing application or freelancers. This feature is under development and will only be released towards the end of 2023.

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4.3.5. Access an Accountant

4.3.5.1. Users who require accounting or related advice have the opportunity of connecting with a registered accountant via the Application.

4.3.5.1. Users will complete a form on the Application with their query which shall be forwarded to the accountant.

4.3.5.1. Once confirmed, the accountant and the user will engage in an independent transaction. This feature is under development and will only be released towards the end of 2023.

5.1. The Web Application will be available for both Business and Freelancer users for a tiered subscription fee. There is a free version or subsidised version available for freelance users.

5.2. All amounts stated on the Application or in relation to Services shall exclude Value Added Tax (“VAT”) and any other applicable taxes/fees unless otherwise stated and required by law. If any such taxes/fees apply to your use of the Services same will be indicated to you before you enact any transactions.

5.3. You may contact Moya Money team or access in the Application a full record of your transactions with Moya Money and/or an accountant or service provider.

5.4. Moya Money is committed to providing a safe and secure user experience on the Application and therefore uses registered banking and payment services providers, Ozow Paystack and Stich. When using these third-party provider payment systems on the Application, you understand and agree that those payment services are not performed by Moya Money itself, but are provided by authorised payment providers, who have their own terms and conditions to which you will be subject. You must therefore ensure that you read, understand, and agree to be bound by any third-party payment providers’ terms when using their services.

6.1. By using the Application and/or the Services, you warrant that:

6.1.1.     you have read and agreed to these Terms and will use the Application and Services in accordance with them;

6.1.2.     you understand and agree that Moya Money is not a regulated financial, advisory or banking provider and you take all responsibility for the financial and other decisions you make via the Application and/or Services;

6.1.3.     you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;

6.1.4.     you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms. If you are under the age of 18 (eighteen), you must not use the Website and/or Services, nor provide us with any of your personal information;

6.1.5.     you lawfully possess and submit all information to the Application and/or Moya Money or the use of it or the Services;

6.1.6.     you understand that all financial and/or payment services are conducted by Moya Money's authorised payment service providers. Accordingly, you understand and agree to be bound by those third-parties' terms and conditions of use;

6.1.7.     you will not post, upload, replicate or transmit any abusive content on the Application that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Application;

6.1.8.     you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Application including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Application or the underlying software code;

6.1.9.     you will not infringe the intellectual property or other rights of any third party or the Application or transmit content that the user does not own or does not have the right to publish or distribute;

6.1.10.  you will not use the Application platform for any commercial purpose other than as expressly provided for by Moya Money herein;

6.1.11.  you will not use the Application to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

6.1.12.  you will not facilitate or assist any third party to do any of the above,failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.

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6.2. The Application is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Application. The network’s data and messaging rates and fees may apply if you use the Application, and you shall be responsible for such rates and fees.

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6.3. Without prejudice to any of Moya Money’s other rights (whether at law or otherwise), Moya Money reserves the right to deny you access to the Application or the Services where Moya Money believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.

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6.4.      Moya Money does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device.

7.1. A user’s ability to make use of the Application or Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.

7.2. Our authorised payment service providers are responsible for applying all KYC and AML requirements. Where advised as such by our authorised payment services providers, Moya Money reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to any KYC or AML requirements to the standard required by Moya Money and/or our authorised payment providers. Moya Money and/or our authorised payment providers also reserve the right to share this information with any legal authority when required under applicable laws.

7.3. Moya Money may restrict user transactions that may violate laws, KYC or AML conditions as updated from time to time.

8.1. Data messages, including email messages, sent by you to Moya Money will be considered to be received only when acknowledged or responded to.

8.2. Data messages sent by Moya Money to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

8.3. Moya Money reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.

8.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. Moya Money is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Moya Money to a user, between users or from a user to Moya Money.

9.1. The Application may include links to other internet sites ("the other sites"). Moya Money does not own or endorse the other sites and is not responsible for the information, material, products, or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.

9.2. Moya Money does not purport to own the content on other sites which may be shown on the Application.

9.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Moya Money.

10.1. The Application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Application complies with all applicable laws and regulations.

10.2. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

11.1. All Application layout, Application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Application and Moya Money in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Moya Money, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

11.2. For clarity, all rights to any intellectual property provided by a user to the Application will remain with the user, but for which the user has provided Moya Money with a non-exclusive, non-transferable licence to use such user intellectual property as Moya Money deems fit on the Application and/or in advertising, for as long as the user remains registered on the Application.

11.3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Application are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material on the Application or the underlying software code whether in whole or in part, without the written consent of Moya Money first being granted, which consent may be refused at the discretion of Moya Money. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Moya Money and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

11.4. Moya Money reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics, and other materials on the Application, including that of a user in their Profile, or to suspend or terminate the Application, at any time without notice; provided that any transactions or functions already concluded through the Application, will not be affected by such suspension or termination (as the case may be).

11.5. Where any of the Application intellectual property has been licensed to Moya Money or belongs to any third party, other than that which has been submitted by a user to the Application in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions.

11.6. Subject to adherence to the Terms, Moya Money grants users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Application on any machine on which the user is the primary user. However, nothing contained in the Application or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Moya Money.

11.7. Any enquiries regarding any of the above relating to intellectual property must be directed to Moya Money at thulani@moya.africa.

12.1. The Application and Services, including any intellectual property appearing therein, are provided "as is" and "as available". Moya Money makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Application, the Services or the information contained in it.

12.2. All information or opinions of users made available on the Application in relation to any of the Services are those of the authors and not Moya Money. While Moya Money makes every reasonable effort to present such information accurately and reliably on the Application, Moya Money does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Application.

12.3. Moya Money, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Application and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular user.

12.4. Moya Money, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Application in any manner.

12.5. Moya Money takes reasonable security measures to ensure the safety and integrity of the Application and to exclude viruses, unlawful monitoring and/or access from the Application. However, Moya Money does not warrant or represent that your access to the Application will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Application will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Application remains solely at the user’s own risk and the user should take their own precautions accordingly.

13.1. The user indemnifies and holds harmless Moya Money, its shareholders, employees, and partners from any demand, action or application or other proceedings, including attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Application and/or Services offered or concluded through the Application in any way.

13.2. The user agrees to indemnify, defend, and hold Moya Money harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.

13.3. This clause will survive termination of this agreement.

14.1. Site owner: Moya Financial Services Group (Pty) Ltd

14.2. Legal status: Private profit limited liability

14.3. Registration number: 2020/146408/07

14.4. Description of main business: Online financial management application

15.1. The user’s access and/or use of the Application and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.

15.2. Should any dispute, disagreement or claim arise between a user and Moya Money concerning the use of the Application or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

15.3. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.

15.4. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Moya Money. Arbitration proceedings shall be conducted in Johannesburg in English.

15.5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

15.6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

16.1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, MOYA MONEY RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE APPLICATION AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT MOYA MONEY GIVES REASONABLE NOTICE TO YOU.

16.2. If you wish to terminate your agreement with Moya Money and end your use of the Services, you may do so by deregistering your Profile with the Application and discontinuing your use of the Application. Such deregistration from the Application will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Application.

16.3. Terminating your use of the Services and Application does not result in a return of any Fee.

16.4. In the event of cancellation of your agreement with the Terms and with Moya Money, Moya Money will remove you from the Application, and delete your Profile.

17.1.     Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

17.1.1.  in the case of Moya Money, at thulani@moya.africa; or

17.1.2.  in the case of the user, at the e-mail and addresses provided by the user to Moya Money in the registration process and/or in their Profile.

17.2.     Notwithstanding the above, any notice that is given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

18.1.     This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

18.2.     No indulgence, leniency or extension of time granted by Moya Money shall constitute a waiver of any of Moya Money’s rights under these Terms and, accordingly, Moya Money shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

18.3.     Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

18.4.     The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

18.5.     The user’s access and/or use of the Application and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

18.6.     Should you have any complaints or queries, kindly address an email to the Moya Money team.

18.7.     In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Moya Money in relation to the payment failure or breach.

18.8.     Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

18.9.     No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8 above.

For more information regarding your personal information lawfully stored or used by Moya Money, please contact hello@moya.africa (with email subject ‘Terms’).