Terms Of Use

The Terms of Use shall be effective from 03^rd October 2023. The Terms of Use [“the Agreement”] is a contract between you and DUNOMO (PROPRIETARY) LIMITED to govern your use of all DuNoMo Services in Republic of South Africa. Using the DuNoMo Services means that you have expressly accepted and agreed to all of the terms and conditions contained in this Agreement including the Privacy Policy. The below mentioned terms and conditions read with the payment terms as determined with DuNoMo team and the privacy policy governs the relationship between you and DUNOMO (PROPRIETARY) LIMITED [“DuNoMo”]. This Agreement together with any other agreement you may enter into with DuNoMo relating to your use of the DuNoMo Service will be regarded as part and parcel of this agreement and shall be read together for all purposes.

You are hence requested to read and understand the following terms and conditions, carefully, before registering on, accessing, browsing, downloading or using our website located at dunomo.co.za.or through any mobile application or API or any similar platform (hereinafter referred to as “DuNoMo Platform”) owned, managed and controlled by DuNoMo, having its principal place of business at Hampton House (Block H), Peter Place Office Park, 54 Peter Place, Bryanston on any such device and/or before availing any Services offered by DuNoMo on or through this DuNoMo Platform.

The Cardholder shall opt for the services through the DuNoMo platform, only when he accepts to abide by all of the Terms and Conditions hereinafter contained.

The access to and use of this DuNoMo platform is subject to the following terms and conditions of use. The words, “he”, "his", "You", “Cardholder” refer to the person(s) who opens the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender. The terms may be accepted by individuals or entities/non-individuals such as corporates, private limited companies, public limited companies, trusts, association of persons, public sector undertakings, non-government organizations, partnership firms etc. and the terms within the document need to be construed accordingly irrespective of the usage therein. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, modifications amendments, re-enactments or replacements as may be applicable, for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.

The Cardholder shall comply with all such terms and conditions as DuNoMo may prescribe from time to time with regard to the Services provided by it. All Transactions effected by or through this DuNoMo platform, shall constitute legally binding and valid transactions between the Cardholder and DuNoMo

These terms and conditions as accepted by Cardholder shall be read along with and in addition to any terms and conditions in force from time to time and issued if any issued by any Service Provider, relating to the usage of this DuNoMo Platform and they will also be read in conjunction with the Privacy Policy.

This is an important document which you must read, review and consider carefully when choosing whether to use the DuNoMo Services. Please note the following before using the DuNoMo Services:

1. We may close, suspend, or limit your access to your Account or the DuNoMo Services, and/or limit access to your funds if you violate this Agreement, the Privacy Policy or any other agreement you enter into with DuNoMo.
2. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the DuNoMo Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions if any.
3. DuNoMo does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any Cardholder or ensure that a payer or a Supplier will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence.

DuNoMo reserves the right to change or modify the Content, or information appearing on or in connection with this DuNoMo platform, including these Terms at any time without prior written notice to the Cardholder. DuNoMo may at any time revise this Agreement by updating this posting. The Cardholder is bound by such revisions and should therefore do visit these pages to review the current Agreement from time to time. All future Changes shall be notified once you log in into your account and please ensure to read and keep updated of the terms and conditions from time to time. By continuing to access the DuNoMo Platform or use the Services on or after the Effective Date of the revised Agreement, the Cardholder agrees to have read, understood and also be bound by the revised Terms.

DuNoMo is a Business to Business digital payment solution provider/facilitator and acts as such by creating, hosting, maintaining and providing our DuNoMo Services to you via its DuNoMo platform. Our services provide you an online secured platform for you to send payments to your Supplier with a DuNoMo Account and where available to receive payments.

DuNoMo is not in any remittance business or a money transfer service and the Personal Payments feature from person to person is prohibited from been used while you remit funds to third parties/Payers.

We do not have any control over, and are not responsible or liable for, the products or services for which payment is facilitated through our DuNoMo Services. We cannot ensure that a buyer or seller you are dealing with will actually complete the transaction.

DuNoMo is not a common carrier or public utility. We do not:

• Act as your agent or trustee;
• Enter into a partnership, joint venture, agency or employment relationship with you;
• Guarantee the identity of any Supplier or Payer.

 

2.1. For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.

2.1.1 “Acquirer" :-
means any bank or financial institution that processes credit card payments of the Cardholder

2.1.2 “API”:-
Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software program to communicate with each other.

2.1.3 “Cardholder”
shall mean any person [individual resident in Republic of South Africa and/or a company/partnership firm/sole proprietor/ or entity registered in Republic of South Africa] who/which is registered on the DuNoMo platform for using this DuNoMo platform and/or who/ which subscribes for the Services through this DuNoMo platform, to make or to receive payments to or from third parties or to make any settlement. The term "Cardholder" shall also cover such personnel of any Cardholder who are duly authorized to avail of the Services on behalf of the Cardholder.

2.1.4 “Confidential Information”
means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the DuNoMo Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the DuNoMo software and content. Your Confidential Information includes the Data.

2.1.5 “Content”
means any information or content from the DuNoMo Service or made available and accessed via the API.

2.1.6 “Intellectual Property Rights”
includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

2.1.7 "Payer”
means any person who makes a payment, using the Services (and the term includes a Cardholder who uses the Services to make payment).

2.1.8 "Products"
mean any services or products which are purchased/ offered for sale by a Cardholder to third parties from time to time, Products shall not include those banned products and services that are listed in Annexure A.

2.1.9 "Services"
means the service provided by DuNoMo and Service Providers, if any, to Cardholders, whereby a Cardholder can (i) receive payments from their payers; or (ii) make payment to Suppliers, beneficiaries or (iii) make settlement by (a) credit card; or (b) net banking; or (c) any other mode of payment or settlement through banks, that may be accepted by DuNoMo from time to time.

2.1.10. "Service Provider”
means a bank, association, facility provider, card issuing institution, acquirer, other financial institution, card processor, clearing house networks or any such Payers or service providers, that DuNoMo may engage with from time to time to provide the services.

2.1.11 "Settlement Account”: -
means such bank account which will hold Settlement funds that will be paid to the Supplier.

2.1.12 "Supplier”: -
means any person to whom a payment is made, using the Services, (and the term includes a Cardholder who uses the Services to receive payment).

2.1.13 "Transaction"
means a payment instruction that results in the successful transfer of monies or settlement (a) from a Cardholder to a Supplier; or (b) from a Payer to a Cardholder.

2.1.14 "Transaction Amount":-
means the total amount payable/ receivable by a Cardholder/Supplier. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.

 

To be eligible to use the DuNoMo Services, you must be (a) an entity eligible and registered to carry out business or operate in Republic of South Africa; or (b) an individual who is at least 18 years old and a resident of Republic of South Africa .The DuNoMo platform and Services are intended solely for persons who are 18 years of age or higher based on the age of majority in Republic of South Africa jurisdiction and legally competent to contract and anyone who is not previously suspended or removed by DuNoMo from availing the DuNoMo Services or accessing the DuNoMo Platform. Any access to or use of the DuNoMo platform or Services by anyone under 18 is expressly prohibited. By using the DuNoMo platform or Services Cardholder represents and warrants that he is 18 or older and is competent to contract. Cardholder also confirms and declares that his Payer/ Supplier is similarly competent to contract. A Cardholder represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, the Cardholder also represents not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.

To continue to be eligible to use the DuNoMo account, the Cardholder hereby expressly covenants that the DuNoMo platform shall be used exclusively for genuine and bona-fide business transactions with the Payer/customer and is not utilized for a person to person digital transfer or for the purpose of any illegal or anti-money laundering activity and you must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

 

In order to avail the Services, Cardholder must be registered with DuNoMo, if required. Cardholder shall provide DuNoMo with all such documents as may be required by DuNoMo. By registering with DuNoMo, Cardholder agrees to provide true, accurate, current and complete information, failing which DuNoMo may at any time reject Cardholder’s registration and terminate his right to use or access the DuNoMo platform and/or Services. When Cardholder registers on the DuNoMo, a Cardholder account will be created, that is associated with Cardholder’s Cardholder name, password and other identifying information. Cardholder shall be responsible for anything that happens through his Cardholder account. By registering with DuNoMo, Cardholder expressly consents to the terms and conditions, payment terms and Privacy Policy. If the Cardholder does not feel comfortable with any part of our Terms of Service, he must not use or access the Service. The Cardholder expressly undertakes to keep his account information current and valid and in case of any change in information provided, update his account immediately.

The Cardholder hereby understands and agrees that if DuNoMo sends him an electronic Communication but doesn’t not receive it because his primary email address on file is incorrect, out of date, blocked by the Cardholder’s service provider, or the Cardholder is otherwise unable to receive electronic Communications, DuNoMo will be deemed to have provided the Communication to the Cardholder effectively. Please note that if the Cardholder uses a spam filter that blocks or re-routes emails from senders not listed in his email address book, the Cardholder must add DuNoMo to his email address book so that he will be able to view the Communications that DuNoMo sends to you.

The Cardholder can update his primary email address or business address at any time by logging into the DuNoMo website. If his email address becomes invalid such that electronic Communications sent to him by DuNoMo are returned, DuNoMo may deem that the Cardholder account to be inactive, and Cardholder will not be able to transact any activity using DuNoMo Account until we receive a valid, working primary email address from the Cardholder. In the event of any action/notice by any law enforcement agency or conviction by a court of law, the Cardholder shall undertake to forthwith without any delay inform DuNoMo about the same and keep DuNoMo updated.

 

The Cardholder will be required to submit the following information while registering:

• Valid Identification and address proof of the Cardholder.
• Business document in case of an entity.

The Cardholder is responsible to keep his primary email address up to date so that DuNoMo can communicate with him electronically. The Cardholder authorizes DuNoMo directly or through third parties, to make any inquiries as DuNoMo consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the Cardholder for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof.

Identity Verification. The Cardholder hereby expressly authorizes DuNoMo, directly or through third parties, including banks, service providers and acquirers to make any inquiries as DuNoMo may consider necessary to validate the Cardholder’s identity. This may include asking the Cardholder for further information or documentation, requiring the Cardholder to provide a taxpayer or national identification number, requiring him to take steps to confirm ownership of his email address or financial instruments, ordering a credit report or verifying his Information against third party databases or through other sources. The Cardholder hereby expressly also confirms and agrees that such Know Your Customer process shall also apply to his Payer/Supplier and he ensures that such consent for identity verification is obtained for the same from the Payer/Supplier. Such KYC for Payers/Suppliers will require physical verification and the Cardholder expressly agrees to provide DuNoMo the permission and authority letter to conduct the physical KYC for Suppliers/Payers.

The Cardholder hereby authorizes DuNoMo, directly or through third parties, to make any inquiries DuNoMo may consider necessary to verify the Cardholder’s identity. This may include:

• Asking Cardholder for further information, such as his date of birth, nationality and personal identification and or other identifying documents that will allow DuNoMo to reasonably identify you and your Suppliers/payer;
• Requiring the Cardholder to take steps to confirm ownership of his email address or financial instruments;
• Asking Cardholder to provide legal documents on their company incorporation and shareholder structure.
• Asking Cardholders to furnish documents that will provide their establishments proof of address.
• ordering a credit report from a credit reporting agency, or verifying his information against third party databases or through other source; or
• To let DuNoMo obtain business credit report from a credit bureau at any time during the use of this DuNoMo Service. The Cardholder hereby also authorises DuNoMo to obtain his personal and/or business credit report: (a) when Cardholder request certain new products, or (b) at any time DuNoMo reasonably believes there may be an increased level of risk associated with his DuNoMo Account.

Anti-money laundering and counter-terrorism financing laws requires that DuNoMo verify the required identifying information. DuNoMo reserves the right to close, suspend, or limit access to his DuNoMo account and/or the DuNoMo services in the event that, after reasonable enquiries, DuNoMo is unable to obtain information about the Cardholder required to verify his identity.

 

The Services may be used exclusively by the Cardholder for receiving payments from and/or to Payer/Supplier or receiving settlement of a valid and legal transaction.

To enable the Cardholder to use the Services, a link with login credentials will be communicated to the Cardholder on his mobile phone or notified email address and the Cardholder irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of services provided by DuNoMo, the Cardholder hereby shall make payment to DuNoMo as may be discussed and agreed with DuNoMo sales team.

DuNoMo has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through a password. The Cardholder shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. DuNoMo shall not be liable for any mistake or misuse of the Services by either the Cardholder or by any person authorized by the Cardholder, or by any person gaining access to the Services through the Cardholder. Cardholder agrees that DuNoMo accepts all instructions originating from his Account in good faith and that they are genuine and are normal business transaction and, in a manner, consistent with commercially reasonable security standards. Cardholder shall indemnify and hold DuNoMo safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through Cardholder or for any loss or damage caused to DuNoMo, its officers and employees or the acquirer for any breach of the terms of use/privacy policy/payment terms by the Cardholder or his customer or Payer, or for any Intellectual Property infringement claim brought by third party or for any other loss or damage due to security breach more particularly dealt with in clause 13 relating to Indemnity and Breach.

 

1. Every Cardholder is responsible to (i) furnish to DuNoMo forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction which is in dispute and DuNoMo is joined in as a party; (ii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by DuNoMo.
2. Cardholder shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause DuNoMo to be subject to investigation, prosecution or legal action.
3. Cardholder undertakes and assures to DuNoMo that payments shall not be received in respect of any Products mentioned in the banned items list set out in Annexure A whether directly or indirectly through the Supplier or payer hereto or carry out any business or transaction whether directly or indirectly through the Supplier or payer in countries mentioned in Annexure B.
4. Cardholder undertakes and assures and that payments have been made or received in under valid business contract with the customer or Payer and the payments are in respect of genuine business transaction.
5. Cardholder undertakes to inform DuNoMo if he has any dealing or engages as a Payer/Supplier/customer/dealer in any of such prohibited goods at any point of time.
6. Cardholder shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/acquirers/ Service Providers, as may be applicable from time to time.
7. Cardholder shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
8. Cardholder shall take all precautions as may be feasible or as may be directed by DuNoMo to ensure that there is no breach of security and that the integrity of the link between their systems/ site, the DuNoMo platform and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the Cardholder and the Cardholder shall indemnify and keep indemnified DuNoMo and the Service Providers from any loss as may be caused in this regard.
9. Cardholder shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time.
10. A Cardholder shall not at any time require any other Cardholder or any other person to provide him with any details of the accounts held by the other Cardholders with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.
11. A Cardholder shall use the information regarding a Payee/ Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Payer/ Supplier.
12. A Cardholder shall inform DuNoMo of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.
13. Cardholder shall not interfere with or damage the DuNoMo platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
14. As a condition of use of the Services, the Cardholder will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. DuNoMo reserves the right to suspend the Cardholder’s DuNoMo account or restrict use of services or any such other action as DuNoMo may deem fit [including but not restricted to such legal recourses as may be available], without any prior notice to the Cardholder.
15. Cardholder shall not impersonate any person or entity, falsely claim or otherwise misrepresent his affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, perform any other similar fraudulent;
16. Cardholder shall not infringe DuNoMo’s or any third party’s intellectual property rights, rights of publicity or privacy;
17. Cardholder shall not use the DuNoMo Services or the DuNoMo Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the DuNoMo Services or the DuNoMo Platform in an automated manner or otherwise;
18. DuNoMo has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available.[including but not restricted to indemnify and keep DuNoMo and its officers, affiliates from any such losses or damages as DuNoMo may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that DuNoMo may suffer on account of such violation, without prior notice to the Cardholder.

 

Transaction Fees: The acquirer will authenticate, authorize, and process the payment instructions given by the Payer in respect of a Transaction upon fulfilment of valid criteria as set forth by the acquirer from time to time and accordingly transfer such approved Transaction Amount from the Payer’s account to the settlement account.

In consideration of the Services rendered by DuNoMo to the Cardholder, the Cardholder/Supplier shall pay to DuNoMo a Transaction Fee as may be agreed with DuNoMo.

DuNoMo shall deduct its Transaction Fees plus applicable taxes on the transaction fees for every successful Transaction and make payment of the balance of the Transaction Amount to Cardholder/ Supplier’s designated bank account. All other taxes, duties or charges shall be borne and paid by Cardholder/Supplier, unless otherwise agreed between the Parties. DuNoMo reserves the right to alter / modify / change the discount / commission or transaction fee payable at its discretion at any time without notice to the Cardholder.

It is hereby agreed and acknowledged by the Cardholder that the transaction fees charged by DuNoMo in respect of a Transaction that has been settled or completed shall not be returned or repaid by DuNoMo to the Cardholder or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.

 

1. DuNoMo will not be responsible for any disputes between the Cardholders and the Payers/Suppliers, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the Cardholder and the Payer/ Supplier directly, and DuNoMo shall not be a party to such disputes.
2. DuNoMo cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon Cardholder’s or the Payer’s bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. DuNoMo assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
3. DuNoMo is not a party the contract between the Cardholder and any Payer/ Supplier in respect of the purchase of good/services rendered by or to the Cardholder.
4. Cardholder shall be responsible for any miscommunication or incorrect Cardholder/ third party/ other information that may be provided to DuNoMo at the time of enabling the Services for the Cardholder.

 

1. The Cardholder will not hold DuNoMo liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. DuNoMo will also not be liable for any direct or indirect consequences connected with the use/ misuse of Cardholder’s web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the Cardholder will be responsible and shall indemnify DuNoMo against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
2. Without prejudice to the remedies available to DuNoMo and these Terms, DuNoMo shall be under no liability whatsoever to the Cardholder in respect of any loss or damage arising directly or indirectly out of:

• any defect in any Products supplied by him or services rendered by him;
• any inability of a third party to supply or deliver the required Products or services in the necessary numbers or types or manner;
• the refusal of any person (including a Service Provider) to honour or accept a payment;
• the malfunction of any computer terminal or equipment;
• the utilization of the Services by any person other than by the Buyer;
• any transaction which is unsuccessful or fails for any reason whatsoever, whether DuNoMo has a prior notice of it or not;
• any mis-statement, error or omission in any details disclosed to DuNoMo.

 

A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/ DuNoMo by Cardholder/ Supplier or Acquirer for a refund to the concerned Payer / Cardholder due to any of the following reasons:

1. Any payment which the Cardholder/ Payer refuses to honour or demands a refund of because the Products or services, purchased or sold or the delivery thereof, was not as promised or was defective, deficiency of service, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
2. Any payments by a Cardholder/ Payer using the Services, which is returned by the Acquirer for any reason whatsoever other than a genuine transaction failure.
3. Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ DuNoMo/ Supplier from time to time.

Furthermore:-

a) The Cardholder shall keep the Acquirer and DuNoMo safe and harmless and indemnified and shall indemnify the Acquirer and DuNoMo for any actions, claims, costs, loss, damages, expenses or liability made against or suffered or incurred by the Acquirer or DuNoMo directly or indirectly arising out of:

1. Card transaction between Cardholder and the Payer
2. all Card transactions that are charged back;
3. willful misconduct, collusion to falsify a business transaction or carrying on activities which are illegal or prohibited as per the law of the land or as may be prohibited in the terms and conditions agreed with DuNoMo by the Cardholder or fraud by customer/Payer or its Employees or Agents;
4. Any fines or penalties imposed on the Bank or DuNoMo by the Card Schemes in connection with DuNoMo’s use of the Services;

b) Bank may refuse to accept any transaction if it is invalid and may charge it back to DuNoMo if the Bank has already processed it.

No claim for chargeback shall be entertained from the Cardholder as the transaction are initiated by the Cardholder through his account through a valid credit card. The Cardholder also expressly agrees to abide by Card Scheme rules in respect of Chargeback.

Refund

A “Refund” shall mean processing of the Cardholder’s request to DuNoMo, for returning the Transaction Amount (or part thereof) to the payment instrument which was used for effecting the payment of the Transaction Amount.

1. If a Cardholder claims a refund, before the Payer or Supplier is settled, DuNoMo shall on written request for refund, roll back the transaction to the Cardholder after deducting the relevant MDR charges.
2. In case the Cardholder claims a refund after the Payer is settled, the Cardholder expressly agrees that such transactions cannot be rolled back and hence covenants to resolve this transaction with the Payer offline and inform DuNoMo on such resolution. Neither Acquirer nor DuNoMo shall be liable to the Cardholder or the Payer for any such refund in this instance.
3. All refunds shall be made to the original method of payment unless specifically agreed by the User to credit to an alternate mode.

 

If either DuNoMo or Service Provider suspects, on reasonable grounds, that a Cardholder has committed a breach of these Terms or any other agreement with DuNoMo or any act of dishonesty or fraud against DuNoMo/ any Service Provider, DuNoMo shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your Cardholder Account and disable your password; and (c) terminate Cardholder’s access to the DuNoMo platform or the Services; pending enquiries by DuNoMo. Cardholder may cancel his Cardholder Account at any time by sending DuNoMo’s an email to that effect.

In case if the Cardholder carries on transaction with any of the prohibited countries whether directly or indirectly laid down in Annexure B, his account will be terminated.

 

Cardholder shall keep DuNoMo and the Acquirer safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against DuNoMo by another Cardholder/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the Cardholder of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the Cardholder, or his employees, subcontractors and agents in performance of their obligations under these Terms; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits(vi) or any actions or inactions of any third party to whom you grant permissions to use your DuNoMo account or access our websites, software, systems (including any networks and servers used to provide any of the DuNoMo services) operated by us or on our behalf, or any of the DuNoMo services on your behalf.

DuNoMo or the Acquirer or any other bank or service provider or credit card provider shall not be responsible for any dispute between you and Payer/Supplier or for any chargeback, refund or for any collusion between the you and your Payer/Supplier

 

Cardholder agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the DuNoMo platform or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If the Cardholder is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, he agrees to forthwith and diligently notify DuNoMo and cooperate fully with DuNoMo in protecting such information to the extent possible under applicable law. DuNoMo may access, preserve and disclose any of the Cardholder’s information if required to do so by law, or DuNoMo believes in good faith that it is reasonably necessary to (i) respond to claims asserted against DuNoMo or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of DuNoMo, its Cardholders or members of the public. Please refer to our Privacy Policy for further details.

 

The DuNoMo platform Content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to DuNoMo, subject to copyright and other intellectual property rights under the law and international conventions. Such DuNoMo platform Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of DuNoMo.

 

Cardholder understands that his access to the DuNoMo platform will result in the collection, use and storage of his information which is subject to DuNoMo's Privacy Policy. Through his access of the DuNoMo platform Cardholder consents to the collection, use, storage, processing and transfer of such information, which will be held by DuNoMo and/or its holding company and may be processed and stored by its holding company and/or its Service Providers. For an explanation of DuNoMo’s practices and policies related to the collection, use, storage and transfer of Cardholders’ information, please read our Privacy policy.

 

THE CONTENT AND FUNCTIONALITY ON THE DUNOMO PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT DUNOMO IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. DUNOMO IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND CARDHOLDERS. ALL CONTENT AND FUNCTIONALITY ON THE DUNOMO PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DUNOMO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE DUNOMO PLATFORM OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS DUNOMO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

DUNOMO DOES NOT WARRANT TO THE CARDHOLDER THAT :-

• THE INFORMATION OR CONTENTS PROVIDED ON THE DUNOMO PLATFORM WILL BE ACCURATE, COMPLETE AND UPDATED;
• THE USE OF THE SERVICES WILL MEET THE CARDHOLDER’S REQUIREMENTS;
• THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY THE CARDHOLDER AS A RESULT OF USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE CARDHOLDER’S OWN DISCRETION AND RISK AND THAT THE CARDHOLDER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH DUNOMO’S SERVICES OR ANY DATA/CONTENT. DUNOMO DOES NOT WARRANT THAT PRODUCTS/SERVICES OR ANY CONTENT/DATA WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT ANY IDENTIFIED DEFECT WILL BE IMMEDIATELY CORRECTED. FURTHER, NO WARRANTY IS GIVEN THAT PRODUCTS/SERVICES OR ANY DATA/CONTENT ARE FREE FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. BANK PROVIDE THE PRODUCTS/SERVICES AN "AS IS", "WHERE IS", "WITH ALL FAULTS" BASIS.

CARDHOLDER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS DUNOMO PLATFORM AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL DUNOMO OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS DUNOMO PLATFORM OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE DUNOMO PLATFORM, EVEN IF DUNOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

 

DuNoMo’s liability is limited with respect to your DuNoMo account and your use of the DuNoMo Services. In no event shall DuNoMo be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the DuNoMo services) operated by us or on our behalf, any of the DuNoMo Services, or this Cardholder agreement (however arising, including negligence), unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to ZAR 5,000/- or amount paid by the Cardholder whichever is less. In addition, to the extent permitted by applicable law, DuNoMo is not liable, and you agree not to hold DuNoMo responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the DuNoMo services) operated by us or on our behalf, or any of the DuNoMo services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the DuNoMo services) operated by us or on our behalf and any of the DuNoMo services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the DuNoMo services) operated by us or on our behalf or any of the DuNoMo services or any website or service linked to our websites, software or any of the DuNoMo services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the DuNoMo services) operated by us or on our behalf or any of the DuNoMo services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your DuNoMo account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Cardholder agreement or DuNoMo’s policies.

EXCEPT FOR DuNoMo’S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE SETTLEMENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL DuNoMo'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CARDHOLDER’S USE OF THE DuNoMo PLATFORM AND SERVICES, EXCEED THE AMOUNT OF ZAR 5,000/- ONLY IN AGGREGRATE AT ALL TIMES OR THE AMOUNT PAID BY THE CARDHOLDER FOR AVAILING DuNoMo PLATFORM, WHICHEVER IS LESSER.

 

DuNoMo is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). DuNoMo policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using DuNoMo’s Services. DuNoMo has robust policies and procedures to detect, prevent and report suspicious activity. To comply with AML requirements in Republic of South Africa and other global sanctions, DuNoMo whether directly or through a third party shall screens the Cardholder accounts against government watch lists and monitor for suspicious transaction and Cardholder agrees and consents to the said screening. In addition, DuNoMo may request the Cardholder to provide with additional documentation to help prove his identity or for business verification purposes. DuNoMo shall report suspicious transactions as it deems fit.

 

1. Unless otherwise set out, all payments may only be made in South African Rand.
2. DuNoMo may, change any fee or charge or institute new fees or charges. The Cardholder agrees to pay all fees and charges so levied.
3. DuNoMo shall not make any refunds of any amounts other than as agreed by these Terms.
4. The Cardholder hereby accepts that he may, from time to time, receive from DuNoMo or its associates, communications such as service announcements, advertisements or administrative communications.
5. DuNoMo’s sole obligation and Cardholder’s sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavors to restore the Payment Services as soon as reasonably possible.
6. In no event shall DuNoMo or a Service Provider be liable to a Cardholder or any other third party for any applicable taxes and government levies.
7. In no event will DuNoMo’s total liability to Cardholder for all liabilities, losses, damages and causes of action arising out of or relating to these terms and conditions; or the Cardholder’s use of the DuNoMo platform; however, caused, exceed the amount paid by Cardholder, if any, for utilising the DuNoMo platform or ZAR 5,000/- in aggregate, at all times whichever is lesser.
8. Any link on the DuNoMo platform to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a Cardholder of any other DuNoMo platform shall be subject to the terms and conditions in each such DuNoMo platform.
9. DuNoMo does not endorse any advertiser or merchant linked to its DuNoMo platform. In case of any such endorsement, the Cardholder must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.
10. The Cardholder’s participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.
11. DuNoMo shall not be liable for any unauthorised access to the Cardholder’s data or any unauthorized transmissions sent through the DuNoMo Services.
12. DuNoMo shall have the right, at its sole discretion, to:
• restrict or terminate a Cardholder's access to its Services;
• modify or discontinue its Services or any part thereof;
• require a Cardholder to provide details in respect of any transactions and any other details as required by DuNoMo from time to time; without incurring any liability therefor.
13. The Cardholder shall not (whether on-line or otherwise) describe itself as agent or representative of DuNoMo or make any representations to any customer or any third party or give any warranties which may require DuNoMo or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
14. DuNoMo shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, and inclement weather conditions, and power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of DuNoMo.
15. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
16. DuNoMo may assign or transfer its rights and obligations to any other party.
17. In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court located in Gauteng Division, Johannesburg, Republic of South Africa shall have the exclusive jurisdiction.
18. No failure or delay by DuNoMo in exercising any right, power or privilege shall operate as a waiver thereof.
19. All claims, matters and disputes are subject to the sole and exclusive jurisdiction of the competent courts located in Gauteng Division, Johannesburg, in Republic of South Africa.

For any queries / details Cardholders can contact:

DUNOMO (PROPRIETARY) LIMITED at Hampton House (Block H), Peter Place Office Park, 54 Peter Place, Bryanston. Or
Write to us at support@dunomo.co.za

Annexure A: Prohibited/Banned products/services

1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
2. Body parts which includes organs or other body parts.
3. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
4. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
5. Child pornography which includes pornographic materials involving minors.
6. Scrupulous Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
7. Scrupulous Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
8. Scrupulous Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
9. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
10. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
15. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
16. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
17. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
18. Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
19. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
20. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
21. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
22. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
23. Securities, which includes stocks, bonds, or related financial products.
24. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
25. Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products.
26. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
27. Wholesale currency which includes discounted currencies or currency exchanges.
28. Live animals or hides/skins/teeth, nails and other parts etc of animals.
29. Multi-Level Marketing collection fees.
30. Matrix sites or sites using a matrix scheme approach.
31. Work-at-home information.
32. Drop-shipped merchandise.
33. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of Australia.
34. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
35. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
36. Relate to a) promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (b) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (c) certain sexually oriented materials or services, (d) to store, track, transfer, and manage balances of digital currencies, like Bitcoin or Ethereum or cryptocurrencies or by whatever name so called.
37. Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) involve currency exchanges or check cashing businesses, (e) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (f) involve offering or receiving payments for the purpose of bribery or corruption or money laundering in any manner whatsoever by whatever name as called or (g) ) Securities which includes stocks, bonds, or related financial products.

Recourses available to DuNoMo in case you contravene the provisions of Annexure A.

In additions to other recourses available to DuNoMo under clause 12 for breach of this Agreement by the Cardholder, if we believe that you’ve engaged in any of the activities laid down in Annexure A we may take a number of actions to protect DuNoMo, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

• Terminate this agreement, limit your DuNoMo account , and/or close or suspend your DuNoMo account immediately without any demur or notice and without penalty to us;
• Refuse to provide the DuNoMo Services to you in the future;
• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the DuNoMo Services) operated by us or on our behalf, your DuNoMo account or any of the DuNoMo Services;
• Contact buyers/sellers who have purchased/sold goods or services from you using DuNoMo, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
• Update inaccurate information you provided us;
• Take legal action against you;
• You’re also responsible for damages to DuNoMo caused by your violation of this policy; or

Annexure B: Prohibited Countries (WE DO NOT PROVIDE ANY SERVICES ON BELOW COUNTRIES)

IF YOUR TRANSACTION CONNECT TO ANY OF THE COUNTRIES BELOW DIRECTLY OR INDIRECTLY YOUR ACCOUNT WILL BE TERMINATED.

• Belarus
• Burma (Myanmar)
• Cote d'Ivoire
• Democratic Republic of the Congo
• Iran
• Iraq
• Liberia
• Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions
• North Korea
• Sierra Leone
• Sudan (North & South)
• Syria
• Western Balkans
• Zimbabwe
• Cuba
• Crimea (Ukraine)

DuNoMo Services are provided by DUNOMO (PROPRIETARY) LIMITED. Cardholders are requested to read terms and conditions carefully.

© 2023-2024 DUNOMO (PROPRIETARY) LIMITED.