Terms and Conditions
1. Welcome to SmatPay
This agreement sets forth the terms and conditions governing your access to and use of SmatPay, a secure online payment service owned and operated by Propsmart Technologies (Private) Limited (“Propsmart,” “we,” or “us”). These Terms of Service (“Terms”) are applicable to you in your capacity as a buyer, seller, sender, or receiver of electronic funds (collectively, “Users”) utilizing SmatPay. Your use or access of the Service is contingent upon your acceptance of these Terms. IF YOU DO NOT AGREE TO THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. Agreement and Language
By registering for or otherwise utilizing the SmatPay service, you signify your acknowledgment of having read, understood, and agreed to be bound by the terms and conditions set forth in this Agreement. For your convenience, it is advisable to review, save, or print a copy of this Agreement for your records. Your acceptance will be confirmed electronically during the registration process through actions such as ticking a checkbox or clicking a button. Please note that this Agreement is provided exclusively in English.
3. Using SmatPay Legally
Your use of SmatPay must at-all-times comply with all applicable laws and regulations in the Zimbabwean jurisdiction, regardless of your purpose for using the service. This includes, but is not limited to, financial regulations, consumer protection laws, and anti-money laundering (AML) requirements. SmatPay is committed to providing a secure and lawful platform, and we encourage you to familiarize yourself with relevant regulations.
Acceptance of the Acceptable Use Policy:
By using SmatPay, you acknowledge and agree to be bound by the terms and conditions set forth in our Acceptable Use Policy (AUP). The AUP outlines specific restrictions and prohibited activities on the SmatPay platform. We consider the AUP an integral part of this agreement.
4. Registration Requirements for SmatPay
To register for a SmatPay account and access the Service, you must:
- Be a banked individual or company with a financial institution in Zimbabwe that participates in the SmatPay network.
- Possess the legal capacity to enter into binding contracts (typically 18 years of age or older).
During the registration process, you agree to provide complete, accurate, and up-to-date information. This information includes:
Individual Accounts:
- National ID
- Proof of residence
- Zimbabwean bank statement (dated within the last 3 months)
- Valid payment instrument details:
- Mobile money option information (if applicable).
- Credit/debit card details (including card number, expiration date, and security code).
- For receiving payments: A valid Zimbabwean bank account number associated with your SmatPay account.
Company Accounts:
- Certified copies of directors’ national IDs
- Certificate of incorporation
- Memorandum of association
- Proof of business directors’ physical address
- Bank statement
- Letter of permission to open a billing account
- Contact person(s) email address(es) for initial registration (invitation links will be sent to these addresses)
- Valid payment instrument details:
- Mobile money option information (if applicable).
- Credit/debit card details (including card number, expiration date, and security code).
- For receiving payments: A valid Zimbabwean bank account number associated with your SmatPay account.
Note: Smatpay may require additional information or documentation during the registration process to verify your identity and comply with regulatory requirements.
5. SmatPay Service Updates and Availability
We strive to continuously improve SmatPay and may occasionally make changes or updates. This could involve adding new features, modifying existing ones, or even temporarily suspending services for maintenance. While we’ll try our best to provide advance notice, some changes may occur without prior warning.
It’s also important to note that SmatPay may experience occasional downtime due to unforeseen circumstances, such as power outages or technical issues. We apologize for any inconvenience this may cause and will work diligently to restore service as quickly as possible.
Here’s what this means for you:
- Updates and Changes: SmatPay may evolve over time with new features or adjustments.
- Limited Access: Occasionally, access to certain features or functionalities may be restricted for maintenance or other reasons.
- Downtime: Unforeseen events may cause temporary service interruptions.
While we take all reasonable steps to minimize downtime and ensure service continuity, SmatPay cannot be held liable for any interruptions or their consequences. We appreciate your understanding and patience as we work to make SmatPay the best payment platform possible.
6. Limitation of Liability and Indemnification:
This section outlines limitations on our liability (Propsmart Technologies Private Limited, “Propsmart”) associated with your use of the SmatPay platform (“Platform”).
- Important Note:
These Terms do not limit our liability for:
– Death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.
-Any other liability that cannot be limited or excluded by law.
- Disclaimer of Warranties:
Subject to the above, and to the fullest extent permitted by law, Smatpay disclaims all express or implied conditions, warranties, representations, or other terms that might apply to the Platform or its content.
- Limitations on Our Liability:
We will not be held liable for any loss or damage arising from:
-Your use of, or inability to use, the Platform.
-Your reliance on any content displayed on the Platform.
These limitations apply regardless of whether the claim is based on contract, tort (including negligence), breach of statutory duty, or otherwise, and even if the loss or damage was foreseeable.
- User Indemnification:
You agree to indemnify, defend, and hold harmless Propsmart, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, claims, demands, liabilities, costs, and attorneys’ fees arising out of or related to your use of the Service or your violation of these Terms.
- Additional Limitations for Business Users:
For businesses using SmatPay, we specifically exclude liability for:
-Loss of profits, sales, business, or revenue.
-Business interruption.
-Loss of anticipated savings.
-Loss of business opportunities, goodwill, or reputation.
-Any indirect or consequential loss or damage.
- Limitations for Consumer Users:
For consumer users, our liability is limited to excluding the following:
-Loss of profit, loss of business, business interruption, or loss of business opportunity.
- Viruses and Other Harmful Materials:
Propsmart is not liable for any loss or damage caused by viruses, distributed denial-of-service attacks, or other harmful materials that may infect your devices or data due to your use of the Platform or downloaded content. This applies to content on the Platform or any linked websites.
- Linked Websites:
Propsmart assumes no responsibility for the content of websites linked to the Platform. Links should not be interpreted as endorsements. We will not be liable for any loss or damage arising from your use of linked websites.
- Liability for Goods and Services:
Please note that separate limitations and exclusions of liability may apply to the supply of goods or services by Propsmart, as outlined in our Merchant Service Agreement
7. Reporting Violations of Acceptable Use
SmatPay is committed to maintaining a safe and secure environment for all users. If you encounter any activity that you suspect violates our Acceptable Use Policy, please report it to us immediately through the following methods:
- Contact Us Page: This is the easiest way to report a violation. Provide clear details about the suspected activity.
- SmatPay Help Center: Search our Help Center for answers to frequently asked questions or browse relevant articles for guidance on responsible use of SmatPay.
For your own protection, if you’re ever unsure about the legality or legitimacy of a transaction, we strongly recommend contacting your issuing financial institution directly. They can provide specific guidance based on your account and local regulations.
8. SmatPay Service Termination
SmatPay reserves the right to terminate your access to the service for any reason, including, but not limited to:
- Inactivity: Prolonged periods of inactivity on your account.
- Policy Violations: Any breach of our Terms of Service or Acceptable Use Policy.
- Fraudulent Activity: Suspected or confirmed fraudulent activity associated with your account.
Consequences of Termination:
Upon termination, you will no longer be able to access your SmatPay account or its functionalities. You remain liable for any outstanding obligations associated with your account at the time of termination.
Preventing Termination:
To maintain continued access to SmatPay, we recommend:
- Regularly using your SmatPay account for authorized transactions.
- Familiarizing yourself with and adhering to our Terms of Service and Acceptable Use Policy.
We will make reasonable efforts to notify you of any impending account termination, unless such termination is required to prevent imminent harm to SmatPay or its users.
9. Intellectual Property Rights
SmatPay acknowledges and protects intellectual property rights. The following outlines the ownership and usage of our intellectual property:
- Trademarks and Copyrights:
- The SmatPay website URLs, logos, and any related trademarks or service marks used for our products and services are the exclusive property of Propsmart Technologies Private Limited (“Propsmart”) or its licensors.
- All page headers, custom graphics, button icons, and scripts on the SmatPay website are also protected by intellectual property rights.
- Restrictions on Use:
- You may not copy, imitate, modify, alter, or use any of SmatPay’s intellectual property without our prior written consent.
- Limited Exceptions:
- SmatPay may provide authorized HTML logos for use by merchants and partners within approved programs (e.g., merchant services, affiliate programs). These logos can be used solely to direct web traffic to the SmatPay service.
- Any use of these HTML logos must comply with our guidelines, including refraining from alterations, disparaging representations, or unauthorized implications of sponsorship or endorsement.
- Ownership and Reservation of Rights:
- SmatPay and its licensors retain all ownership rights, titles, and interests in the SmatPay website and its content.
- This includes all intellectual property rights associated with the platform and published materials.
- Prohibition on Unauthorized Use:
- You are not permitted to use any of SmatPay’s intellectual property beyond what is explicitly allowed in these terms or on the website.
- Preservation of Rights:
- SmatPay reserves all rights not expressly granted in this document.
SmatPay respects intellectual property rights and expects the same from its users. Our website and associated materials are protected, and unauthorized use is strictly prohibited. Limited exceptions exist for authorized partners utilizing approved HTML logos.
10. Dispute Resolution
SmatPay prioritizes a smooth and secure experience for both merchants and customers. However, transaction disputes may occasionally arise. We encourage merchants and customers to work directly towards resolving any disagreements. Here’s how we can help:
- Direct Communication: Merchants and customers are encouraged to communicate directly to resolve transaction issues. Open communication can often lead to a swift and satisfactory outcome.
- SmatPay Support: If a direct resolution is not achieved, both merchants and customers can reach out to SmatPay’s customer support team. Our representatives can provide guidance and assist in facilitating communication between the parties.
- Dispute Resolution Policy (Optional): SmatPay may offer a separate Dispute Resolution Policy outlining a formal process for handling transaction disputes. This policy might include procedures for mediation or arbitration (subject to specific fees and procedures). Please note that if such a policy exists, its provisions will prevail in the event of a transaction dispute.
We encourage both merchants and customers to utilize these resources to resolve transaction disputes efficiently and fairly. Please refer to our Dispute Resolution Policy (if applicable) for full details on the process for resolving transaction disputes.
10. Governing Law:
These Legal Terms shall be governed by and defined following the laws of Zimbabwe. Propsmart technologies Pvt Ltd and yourself irrevocably consent that the courts of Zimbabwe shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
11. Our Role at SmatPay
- Propsmart processes payments on behalf of sellers. SmatPay acts as a secure payment gateway for authorized banked merchants and consumers. We are not a bank and have no direct access to bank accounts.
- We value your privacy. Please refer to our Privacy Policy for details.
- Intellectual Property. SmatPay owns or licenses the website URLs, logos, and trademarks associated with SmatPay. Copying, imitating, modifying, or using them without written permission is prohibited. You may use provided HTML logos to direct web traffic to SmatPay.
- Assignment. You cannot transfer or assign your rights or obligations under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement at any time.
- Notices. We may provide notices by posting on the website, emailing your registered address, mailing to your registered address, calling you, or sending a text message. Notices are considered received 24 hours after posting or sending.
12. Your Responsibilities as a SmatPay User
You are responsible for all actions related to your use of SmatPay, including complying with all applicable laws and regulations. You must ensure the accuracy and completeness of your registration information and maintain the confidentiality of your account credentials.
13. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF DEALING OR USAGE. PROPSMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ATY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Severability:
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Notices:
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by overnight courier to the addresses set forth below.
If to you:
[Your Physical and Email Address]
If to Propsmart:
Propsmart Technologies (Private) Limited T/A Smatpay
11 Earls Road, Alexandra Park, Harare
- Waiver:
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default.
- Headings:
The headings used in these Terms are for convenience only and shall not be considered part of these Terms or be used in construing them.
BY USING SMATPAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.