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LOVCASH GENERAL TERMS & CONDITIONS OF USE
A clear agreement for using the LovCash platform
WELCOME TO LOVCASH
These General Terms explain your relationship with Lov.Cash Proprietary Limited (“LovCash”) when you register for or use a supported LovCash service. They cover your account, access to our technology, transactions, fees, lawful use, information, responsibility and dispute resolution. Specific services may have additional terms.
Please read these Terms carefully. Some clauses, particularly those on risk, liability and indemnities, may affect your legal rights. They apply only to the extent permitted by law. Additional Business User Terms, supplier-offer conditions, the Privacy Policy and applicable schedules should be read together with these Terms.
1. MEANING OF TERMS AND DOCUMENTS
“LovCash” refers to the contracting company identified in these Terms. “You” means the person or legal entity accepting them, as appropriate. A “platform” includes the website, application and services that LovCash makes available. A “transaction” is a supported activity recorded through the platform. “Supplier cashback” is a conditional promotional reward on an eligible stock purchase. “CZAR” is distinct digital value governed by its own terms.
The headings help you navigate but do not change the meaning of the agreement. Words in the singular include the plural where the context allows.
2. YOUR AGREEMENT
When you accept these Terms through a legally valid process, an agreement is formed between you and LovCash. You must also accept any service-specific terms that properly apply to the service you choose.
3. ADDITIONAL TERMS AND SERVICES
Different users and services may be governed by Business User Terms, agent terms, offer rules, fee schedules, CZAR terms or other valid additional documents. A service mentioned in an older document is not necessarily available today. Where documents conflict, the applicable documents must be interpreted consistently with their valid priority provisions and the law.
4. CHANGING THESE TERMS
We may update this agreement for legal, operational, security or business reasons. We will explain material changes and their effective dates, with notice and renewed acceptance where required by law. A change does not automatically cancel a lawful right you have already earned.
5. PERMISSION TO USE THE PLATFORM
We give you a limited, non-exclusive, non-transferable permission to use the services available for your account in accordance with the agreement. You must not sell access or allow another person to misuse your registration.
6. CONSENTS AND APPROVALS
We may request permission or information reasonably required to administer a service. Agreeing to these Terms does not itself create an open-ended bank-account debit mandate or electronic marketing consent. Special permissions will be obtained where the law requires them.
7. IDENTITY VERIFICATION AND COMPLIANCE
We may ask for documents or information reasonably required to confirm your identity, verify business details, prevent fraud, meet financial crime obligations or comply with applicable law. You must provide accurate information and cooperate with lawful checks. We may limit access where required documents are missing, subject to the law.
8. ADDITIONAL REGISTRATIONS
A user may need a separate registration or approval to use a business, agent or other specialised service. Each registration has its own rights and duties, which apply only when the relevant service is enabled.
9. SECURITY AND ACCOUNT ACCESS
Keep passwords, PINs and one-time codes secret. Never disclose them to a cashier, agent or person claiming to represent LovCash. Inform us promptly if you suspect unauthorised access. We may take lawful steps to restrict suspicious activity; however, the agreement does not promise a security function that is not actually available.
10. SERVICE FEES
Some supported services have fees. We will identify applicable fees in a validly communicated schedule or agreed service terms, explain how they are calculated and when they are due, and apply lawful deductions. A supplier-funded programme fee does not automatically become a fee payable by the trader.
11. TRANSACTIONS AND RECORDS
Supported transactions must comply with the relevant service rules and applicable law. We may use transaction records to administer services and investigate errors, suspected fraud or disputes. A recorded purchase does not necessarily qualify for a supplier reward.
12. BUSINESSES AND AGENTS
A registered business or agent may use only the services and permissions granted to its account. An authorised person acting for a business must have proper authority. Agents must not ask for or retain a user's PIN or one-time code.
13. CZAR WALLETS AND SUPPLIER CASHBACK
CZAR wallet value and supplier-funded cashback are different arrangements. Supplier cashback remains subject to each supplier's conditions and is not automatically convertible to CZAR or withdrawable cash. Existing lawful CZAR rights and settlement provisions remain governed by their applicable prior terms and the separate Legacy CZAR & Merchant Services Schedule.
14. OTHER PROVIDERS AND PARTICIPATING PLATFORMS
Other businesses may provide technology, retail services or products that work with LovCash. Unless expressly agreed, they are independent businesses. Their own terms may apply. Each party remains responsible for its duties under the law.
15. PROHIBITED USE
You must not use LovCash for fraud, money laundering, counterfeit goods, intellectual-property violations, simulated transactions, illegal gambling, prohibited pornography, unlawful drug or tobacco activity or other unlawful purposes. Additional prohibited categories may be communicated on at least two months' notice where the applicable agreement requires it, except when urgent legal or security action is necessary. The historic restricted-business list applies to the relevant legacy CZAR services to the extent lawful.
16. YOUR ASSURANCES
You confirm that information and documents you give us are accurate and complete, that you have the authority needed to enter into the agreement, and that your use of the platform and transactions comply with the law. You must inform us when important circumstances change.
17. RESPONSIBILITY FOR BREACHES AND LOSSES
You warrant that you have the legal authority to use the service, that the information you give is accurate and complete and that you will comply with your contractual and legal obligations. If your fraud, material misrepresentation, unlawful transaction or breach causes LovCash or a protected participating third party a loss, you indemnify the affected protected party against reasonably established direct losses and valid associated costs arising from that conduct, to the extent enforceable under South African law. This does not transfer to you liabilities that LovCash cannot lawfully exclude or shift. Lawfully owed service fees, repayment amounts and corrections of invalid transactions may be recovered under the relevant terms.
18. IMPORTANT LIABILITY AND RISK TERMS
IMPORTANT — PLATFORM AVAILABILITY AND LIMITS OF RESPONSIBILITY. We use reasonable efforts to provide supported services but cannot guarantee uninterrupted access to apps, connectivity, store systems, payment infrastructure or other third-party services. To the fullest extent permitted by South African law, LovCash is not responsible for losses caused solely by events outside its reasonable control, unsupported digital currencies or independent providers for which it has no legal responsibility. Where permitted, neither party is liable for remote or indirect losses that could not reasonably have been foreseen at the time of contracting. Nothing excludes liability for gross negligence, intentional wrongdoing or any other right that the law does not permit us to exclude. These limitations and the related indemnities are material contractual terms; please consider them carefully before accepting.
19. BREACH AND SUSPENSION
LovCash may immediately restrict an account or transaction when reasonably necessary to prevent fraud, security compromise, serious unlawful activity or to meet a legal duty. For other remediable material breaches, LovCash may give written notice requiring the breach to be corrected within seven calendar days before taking contractual enforcement action, unless law or urgency permits earlier action. Remedies may include restricting service functions, correcting invalid transactions, recovering lawful fees or losses and terminating access, subject to mandatory law. We will give notice and an opportunity to respond where legally required.
20. CLOSING AN ACCOUNT
An account may be closed using a supported process. Account closure does not automatically cancel lawful existing balances or accrued rights. Any CZAR value remains subject to valid applicable service conditions and mandatory law.
21. INTELLECTUAL PROPERTY
LovCash or its licensors own the platform, software, names, trademarks, logos and protected content. Your permission to use a service is not a transfer of ownership. You may not copy, sell, alter or misuse protected materials except with authority or as allowed by law.
22. CONFIDENTIALITY
You must protect confidential information lawfully obtained through the platform, including other users' confidential data. Obligations are subject to recognised legal exceptions and lawful disclosures.
23. PERSONAL INFORMATION AND PRIVACY
We process personal information for the purposes and on the lawful bases explained in the Privacy Policy. Specific disclosures, supplier and wholesaler reporting, data security, retention, transfers and direct marketing must comply with POPIA and the services actually operated.
24. COMPLAINTS AND DISPUTES
If a dispute arises about the agreement or a LovCash service, either party may send a written dispute notice. The parties will first attempt to resolve it amicably within 30 days of receiving that notice. If unresolved, a dispute capable of lawful private arbitration may be referred to the Arbitration Foundation of Southern Africa (AFSA), with one arbitrator, English proceedings and Cape Town as the legal seat, subject to the applicable AFSA rules. Each party retains any right to urgent court relief and any statutory right to use a court or other forum that cannot lawfully be excluded. Confidentiality and arbitration costs are governed by applicable rules and any lawful agreement.
25. NOTICES AND CONTACT DETAILS
We may send important service and contractual notices through lawful contact channels, including the details registered to your account. Keep your contact details up to date. The official company notice address and contact channels will be those validly published by LovCash.
26. GOVERNING LAW
South African law governs this agreement. Subject to legally available remedies and the arbitration provisions, the High Court of South Africa, Western Cape Division, Cape Town, has non-exclusive jurisdiction for appropriate proceedings and recognition or enforcement of arbitral awards.
27. NO AUTOMATIC WAIVER
If either party does not immediately enforce a right, it does not necessarily mean the right has been waived. Any waiver must meet the applicable contractual and legal requirements.
28. SEVERABILITY
If a provision cannot be enforced, the remainder of the agreement continues as far as the law permits and the underlying agreement allows.
29. SURVIVING OBLIGATIONS
Rights and duties that are intended, and may lawfully continue, after account closure or the end of the agreement will continue, including relevant confidentiality, intellectual-property, dispute and payment obligations.
RELATED DOCUMENTS AND APPLICATION
These General Terms apply together with Business User Terms, the Privacy Policy, applicable supplier offers and fee schedules, and the separate Legacy CZAR & Merchant Services Schedule where relevant. Nothing in this agreement retrospectively cancels a lawfully accrued right or excludes a protection that cannot legally be excluded.
