Terms of use

These terms of use (“Terms”) govern your access to and use of the TapOut website and payment-splitting service made available at https://tapout.africa/ and any associated online or mobile interface (the “Service”), operated by TapOut Africa (Pty) Ltd, or such other entity as recorded in clause 23 (“TapOut”, “we”, “us” or “our”).

The Service allows you, as a customer of a participating restaurant, café or other establishment (an “Establishment”), to pay your portion of a shared bill electronically, without requiring you to create an account or provide any information beyond what is reasonably necessary to process your payment.

By accessing or using the Service, including by entering an amount and proceeding to payment, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms constitute an electronic agreement as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and, to the extent applicable, an agreement for the supply of services to a consumer as contemplated in the Consumer Protection Act 68 of 2008 (“CPA”).

Because the Service is provided on a once-off, guest basis and does not involve a registered account, these Terms apply afresh, in the form then published on the Service, to each transaction you initiate through the Service.

In these Terms, unless the context indicates otherwise:

1. 2.1.1

   “Bill” means the total amount due by a group of customers or individual to an Establishment in respect of goods or services supplied by that Establishment;

2. 2.1.2

   “Establishment” means a restaurant, café, bar or other food or beverage service provider that has agreed with TapOut to make the Service available to its customers;

3. 2.1.3

   “Fee” means the service fee described in clause 7;

4. 2.1.4

   “Paystack” means Paystack (Pty) Ltd, or such other duly licensed payment service provider engaged by TapOut from time to time, which processes and settles payments made through the Service;

5. 2.1.5

   “Portion” means the amount you elect, or are allocated, to pay towards a Bill using the Service;

6. 2.1.6

   “POPIA” means the Protection of Personal Information Act 4 of 2013;

7. 2.1.7

   “you” or “your” means the individual using the Service to pay a Portion.

Headings are for convenience only and do not affect interpretation. References to clauses are to clauses of these Terms unless stated otherwise. Words importing one gender include the others, and the singular includes the plural and vice versa.

TapOut provides a technology platform that allows a group of customers at an Establishment to divide a Bill and each pay their own Portion electronically, instead of requiring one customer to pay the full Bill and recover contributions from the others, or split the bill manually with the waiter and card payment terminal.

No holding of funds. TapOut is not a bank, a payment service provider, or a holder of client funds. TapOut does not itself receive, hold, or have access to any money paid by you through the Service. All payments are processed and settled directly by Paystack: (a) the Establishment's share of your Portion is settled by Paystack directly to the Establishment; and (b) the Fee is settled by Paystack directly to TapOut. TapOut is not at any point an intermediary in, or in possession of, those funds.

TapOut is not a party to, and assumes no responsibility for, the underlying supply of food, beverages or services by the Establishment to you. That supply is a matter between you and the Establishment alone.

There is no minimum age requirement to use the Service. However, by using the Service you confirm and warrant that:

1. 4.1.1

   you are lawfully entitled to enter into and be bound by these Terms and to authorise the payment you are making;

2. 4.1.2

   you are the holder of, or have the express authority of the holder of, the payment card or payment method (including Apple Pay or any other digital wallet) used to pay your Portion, and are authorised to use it for that payment; and

3. 4.1.3

   you have the contractual capacity under South African law to enter into this agreement and you are not prohibited by law from using the service. If you are a minor, you warrant that you have the necessary consent or assistance of your parent or legal guardian to use the Service and to make the payment concerned.

TapOut is entitled to rely, without further enquiry, on the successful authorisation of a payment by the relevant card issuer, bank or digital wallet provider as sufficient evidence that the person making the payment had the requisite authority to do so.

Your capacity to transact through the Service is therefore assessed with reference to your ability to successfully authorise payment through Apple Pay, Google Pay, an accepted credit or debit card, and/or any additional payment method provided by Paystack either now or in the future together with the warranty given in clause 4.1.

The Service does not require you to register for or maintain an account. You use the Service as a guest, on a once-off basis, each time you access it.

Because no account is created, TapOut does not retain a running profile of your prior use of the Service, and you will not have access to a transaction history through the Service itself. We recommend that you retain your own proof of payment (such as a card statement entry or Paystack confirmation, or email receipt) for your records.

To use the Service, you (or another member of your group) will typically: (a) access the Service via a link, QR code or other means made available by the Establishment; (b) view the Bill as it appears on the Point of Sale software (POS); (c) determine, together with your group, the items on the Bill you are paying for; (d) confirm the Portion of the Bill and the Fee payable by you; and (e) complete payment using Apple Pay or an accepted credit or debit card.

You are solely responsible for accurately determining the overall accuracy of the Bill and the Portion/items applicable to you and for confirming the correct amount before completing payment. TapOut is not responsible for verifying the accuracy of any Bill or Portion thereof, or for group members' agreement (or disagreement) as to how a Bill should be divided.

Once you confirm your Portion and complete payment, your payment instruction is final and is submitted for processing by Paystack. You will not be able to amend or cancel a payment instruction after it has been confirmed.

TapOut charges a service fee of 2.5% (two and a half percent) of your Portion and any tip you add, plus R1.00 per payment (the “Fee”), for facilitating your payment through the Service.

The Fee is exclusive of value-added tax (“VAT”). TapOut is not currently a registered VAT vendor. If TapOut becomes a registered VAT vendor, VAT will be added to the Fee at the applicable rate and disclosed to you before you confirm payment.

The Fee will be clearly displayed, together with your Portion and the total amount that will be charged to your payment method, before you confirm and complete payment. By completing payment, you agree to pay the Fee in addition to your Portion.

The Fee is charged together with your Portion and any tip in a single payment processed by Paystack. Paystack deducts its processing fee and pays the balance to the Establishment and to TapOut in the proportions agreed between them. Refunds of your Portion are a matter between you and the Establishment; the Fee is not refundable except where the law requires it.

All payments made through the Service are processed by Paystack, an independent, duly licensed third-party payment service provider. TapOut does not process, handle, or have access to your card or payment details, which are provided directly to Paystack's secure payment interface.

Your use of Paystack's payment processing services is subject to Paystack's own terms and conditions and privacy policy, which you should review before making payment.

TapOut is not responsible for, and excludes all liability arising from, any act, omission, error, delay, security incident or failure on the part of Paystack, any card issuer, any bank, or any digital wallet provider (including Apple Pay), including in relation to the authorisation, processing, settlement or security of your payment.

If your payment fails, is delayed, or is processed incorrectly due to an act or omission of Paystack, your card issuer, your bank or your digital wallet provider, you must raise this directly with the relevant provider. TapOut will nevertheless provide reasonable assistance where it is able to do so.

The Bill, and the goods and services to which it relates, are generated and controlled entirely by the Establishment. TapOut has no visibility of, control over, or responsibility for the accuracy of a Bill, menu pricing, service charges, gratuities, or any other amount included in a Bill.

Any dispute regarding the accuracy of a Bill, the quality of goods or services supplied, or any amount charged by an Establishment, is a matter between you and the Establishment, and must be resolved directly with the Establishment. TapOut is not liable for, and will not resolve, disputes of this nature.

Any dispute between you and other members of your group as to how a Bill should be divided is a matter between the members of that group. TapOut plays no role in, and accepts no responsibility for, determining or enforcing how a Bill is divided.

The Fee is earned by TapOut in full upon the successful processing of your payment, in consideration for TapOut having facilitated that payment. Once your payment has been successfully processed, the Fee is non-refundable in all circumstances, including where: (a) your Portion, or any part of it, is subsequently refunded, reversed or charged back by the Establishment, Paystack, your card issuer or your bank; (b) a dispute arises between you and the Establishment or another member of your group; or (c) you did not intend to make, or made an error in, the payment.

Any refund, reversal or chargeback of your Portion (as opposed to the Fee) is a matter to be resolved between you, the Establishment, Paystack, your card issuer or your bank, as applicable, in accordance with their respective terms and policies.

Nothing in this clause 10 limits any right you may have under the CPA or other applicable law that cannot lawfully be excluded; this clause applies to the fullest extent permitted by law.

You warrant that: (a) all information you provide when using the Service is true, accurate and not misleading; (b) you will use the Service only for its intended purpose of paying your own genuine Portion of a Bill at a participating Establishment; and (c) your use of the Service will not breach any law applicable to you.

You are responsible for the security of your own device, payment card, digital wallet and any credentials used to authorise a payment. TapOut is not responsible for any loss arising from unauthorised use of your device, card or digital wallet, except to the extent caused by TapOut's own gross negligence or wilful misconduct.

You must not use the Service to: (a) make or attempt to make a payment using a card, account or digital wallet that you are not authorised to use; (b) engage in fraudulent, unlawful or deceptive conduct; (c) interfere with, disrupt or attempt to gain unauthorised access to the Service or any related systems; or (d) use the Service for any purpose other than paying a genuine Portion of a genuine Bill at a participating Establishment.

TapOut may refuse to process, or may cancel, any payment reasonably suspected of falling within clause 12.1, and may report suspected fraudulent conduct to the relevant authorities, Paystack, or the affected Establishment.

TapOut will use reasonable endeavours to keep the Service available and functioning correctly but does not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time for maintenance, upgrades, or reasons beyond TapOut's reasonable control (including outages of Paystack or third-party network or infrastructure providers).

If the Service is unavailable, you may need to pay your Portion to the Establishment or another group member by an alternative means; TapOut is not responsible for facilitating an alternative means of payment.

All intellectual property rights in and to the Service, including its software, design, trade marks, logos and content, are owned by or licensed to TapOut. Nothing in these Terms grants you any right, title or interest in that intellectual property, other than the limited right to access and use the Service for its intended purpose.

You may not copy, modify, distribute, or create derivative works of TapOut, remove or alter any copyright, trademark, or proprietary notices, use our trademarks or branding without written permission nor sell, rent, lease, or sublicense our service to third parties.

TapOut collects and processes limited personal information reasonably necessary to facilitate your payment, in accordance with the Privacy Policy and POPIA.

TapOut will not and does not ever hold your card or payment processing information nor does it require you to input your personal details for purposes of creating an account and as such, will not hold, retain nor process your personal information for purposes of POPIA.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without any warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in this clause 16 excludes or limits any right or warranty which cannot lawfully be excluded or limited under the CPA or other applicable law.

To the maximum extent permitted by law, TapOut's total aggregate liability to you arising out of or in connection with these Terms or your use of the Service, whether in contract, delict or otherwise, is limited to the total Fees paid by you to TapOut in the particular transaction giving rise to the claim.

To the maximum extent permitted by law, TapOut will not be liable for any indirect, special, incidental or consequential loss or damage, including loss of profit, revenue, or data, arising out of or in connection with these Terms or your use of the Service.

Nothing in these Terms limits or excludes TapOut's liability for death or personal injury caused by its gross negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited or excluded under the CPA or other applicable law.

You indemnify and hold TapOut harmless against any claim, loss, damage, cost or expense arising from: (a) your breach of these Terms; (b) your use or misuse of the Service; or (c) any dispute between you and an Establishment or another member of your group, save to the extent caused by TapOut's own breach of these Terms, gross negligence or wilful misconduct.

TapOut may, acting reasonably, refuse to process a payment or suspend access to the Service where it reasonably suspects fraud, unlawful conduct, a breach of these Terms, or a technical or security risk.

TapOut may update these Terms from time to time. The version of these Terms in force at the time you initiate a payment will govern that transaction. The current version will always be available at https://www.tapout.africa/.

If you have a complaint regarding the Service, please contact TapOut at the details in clause 23. TapOut will attempt to resolve your complaint promptly and fairly.

You may also have the right to refer a complaint to the National Consumer Commission, or to the Consumer Goods and Services Ombud, in accordance with the CPA.

The Service does contain links to and integrates with third-party websites, services, or applications (“Third-Party Services”) such as Paystack Pty Ltd and/or the Establishment’s own POS supplier.

We do NOT control, endorse, or assume responsibility for Third-Party Services. Your use of Third-Party Services is at your own risk.

Third-Party Services are subject to their own terms and privacy policies. We encourage you to review them before use.

We are NOT liable for any damage or loss caused by Third-Party Services.

Governing law. These Terms are governed by the laws of the Republic of South Africa.

Jurisdiction. You and TapOut submit to the non-exclusive jurisdiction of the South African courts in relation to any dispute arising from these Terms.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

No waiver. No failure or delay by TapOut in exercising any right under these Terms operates as a waiver of that right.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and TapOut in respect of the Service and supersede any prior understanding, whether written or oral.

Language. These Terms are drafted in the English language, which language governs their interpretation.

The Service is operated by: