Website Terms of Use

‍Please take time to read these Terms carefully. You should pay special attention to the parts in bold as they have especially important consequences for you. If you do not agree with them, do not use the Website.

1. About the Terms
   
   1. These Terms are entered into between you and Stitch Money Proprietary Limited (“Stitch”, “us” or “we”), a company incorporated in South Africa under registration number 2018/409288/07. This document sets out the terms (“Terms”) that govern your (the “User” or “you”) use of stitch.money and all relevant engagement channels including mobile sites and software applications (“Website”). 
   2. These Terms must, at all times, be read with the Stitch privacy notice which can be accessed here (“Privacy Notice”).
      
   3. By using the Website, you expressly agree to be bound by and to comply with these Terms, the Privacy Notice and any additional or amended or updated terms and conditions that we may prescribe from time to time. If you do not agree, please refrain from using the Website.
   4. We may change, vary, amend or update the Website (or any content thereon), these Terms, and/or the Privacy Notice from time to time at our sole discretion without notice to you (“Stitch Documents”). Changes, variations, amendments or updates will be effective upon posting to the Website. It is your responsibility to review these Terms and the Privacy Notice each time you use the Website. Your continued use of the Website constitutes acceptance of the changed, varied, amended or updated Stitch Documents.
   5. To use the Website you must be: (i) at least 18 years old or have the consent of a parent or guardian if you are under 18 years old; and (ii) have legal capacity to enter into contracts. If you do not satisfy these requirements then you may not use the Website.
2. About Stitch
   
   1. Stitch provides payment processing services to participating merchants by way of various payment processing products which allows you to, amongst other things, make payments from your bank account to participating merchants and/or receive payments into your bank account from participating merchants (“Transactions”). Accordingly, Stitch is registered as a third party payments processor (“TPPP”) and a system operator (“SO”) with the Payments Association of South Africa (“PASA”). Further, in acting as a TPPP, Stitch has been sponsored by various South African banks for purposes of acquiring Transactions.
   2. We act as an intermediary, facilitating payments between you and participating merchants. Stitch is not a party to any Transaction or any agreement between you and the participating merchant. We are not responsible for any non-performance whatsoever by the relevant merchant.
   3. It is your responsibility to ensure that the information you provide is complete, accurate and up to date. Stitch is not liable for any loss or damage you may suffer or incur as a result of providing incomplete, inaccurate or out of date information or where you incorrectly authorize a Transaction.‍
   4. All queries, disputes and complaints relating to the goods and/or services provided by the relevant merchant must be directed to the merchant in line with your agreement with the relevant merchant. 
   5. The risk and liability for fraudulent, unauthorized or incorrectly issued Transactions, however. lies with the individual committing the fraudulent, unauthorized or incorrectly submitted Transaction. Except where Stitch has acted with gross negligence or willful default, Stitch shall bear no risk or liability whatsoever for fraudulent, unauthorized or incorrectly issued Transactions. Where Stitch knows or suspects a Transaction is or may be fraudulent, Stitch may, in its sole and absolute discretion:
      1. withhold or delay processing of the Transaction; and/or
      2. block the Transaction.‍
   
   
3. Personal Information
   The Privacy Notice is aimed at providing you with information on the nature of personal information we collect, the purpose for collection, how we process your personal information and the measures that we undertake to ensure that your personal information is secured, and its confidentiality safeguarded.

4. Your use of the Website 
   
   1. The Website must only be used for lawful purposes.
   2. Prohibited uses of the Website include, but are not limited to:
      
      1. engaging in activities that are unlawful, fraudulent, harmful, misleading, or have an improper or immoral purpose or effect;
      2. providing or submitting false, inaccurate, or misleading information, including conducting fraudulent Transactions or misleading representations;
      3. threatening, stalking, defrauding, harassing, or otherwise interfering with the use of the Website by others;
      4. transmitting unsolicited advertising, promotional materials, or any similar forms of solicitation, including spam or junk mail;
      5. hosting, transmitting, or sharing defamatory, obscene, offensive, or otherwise inappropriate materials, including those that incite harm or discrimination based on race, religion, creed, gender, or other protected characteristics;
      6. soliciting personal information from minors or causing harm or posing threats to minors;
      7. distributing harmful code, such as viruses, worms, or any software intended to disrupt, intercept, or expropriate data or systems;
      8. attempting unauthorized access to accounts, systems, or data, including bypassing or compromising security measures;
      9. excessive traffic generation or engaging in activities that impair or disrupt the functionality of the Website.
5. Intellectual Property
   
   1. For the purpose of these Terms, “Intellectual Property” means all and any intellectual property of any kind including, (without limitation) patents, petty patents, utility models, trade marks, service marks, trade and business names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, copyright and related rights (such as, without limitation, associated moral rights and copyright vesting in software, computer programs, databases programming algorithms, methodologies, models, processes, techniques, analyses, research and findings), domain names, designs (including registered designs), inventions, topography rights and like rights, trade secrets, know-how, Confidential Information, databases (including rights of extraction), and all rights and forms of protection of a similar nature or having equivalent effect to any of them which may subsist or be capable of protection wheresoever in the world, whether or not any of these is registered or unregistered and including all applications or renewals for any such rights or registration thereof and any goodwill related to or arising from such rights.
   2. All rights, title, ownership and interest in and to any materials and Intellectual Property rights in and to the Website and the contents therein, shall at all times remain Stitch’s sole property.
   3. You shall not, by virtue of these Terms, obtain or claim any right, title or interest in or to Stitch’s Intellectual Property.
   4. You may not: 
      
      1. use, modify, copy, translate or otherwise reproduce the Website and the contents therein or any part thereof, or any other related material provided by Stitch to you; 
      2. make the Website and the contents therein or any part thereof available to any third parties; 
      3. adapt, develop, create any derivative work, reverse engineer, disassemble or carry out any act otherwise restricted by copyright or other Applicable Laws relating to the Intellectual Property in respect of the Stitch’s Intellectual Property.
   5. The provisions of this clause 6 are severable from the rest of these Terms and shall survive the expiry or termination of these Terms for whatever reason.
6. Third party sites
   
   1. These Terms do not apply to the websites of any other parties, or the applications, products or services, such websites advertise and which may be linked to our Website, or websites that link to or advertise our Website. 
   2. Stitch is not liable for any and all losses or damages you may suffer when visiting third party websites by following a link to that website from our Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.  
7. Limitation of liability
   
   1. Subject to clause 7.2 and to the extent permitted under appliable law, in no event shall Stitch and/or its agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives be liable for any direct, indirect, punitive, incidental, special, or consequential loss or damages which you, or any third party, may suffer or incur arising out of or in any way connected with the use (or inability to use), access or reliance on the Website.
   2. Nothing in this Agreement shall limit or exclude Stitch’s liability which cannot be limited or excluded by applicable law.
8. Disclaimer
   
   1. Whilst we make all reasonable steps and precautions to ensure the integrity of the Website and to ensure its contents are complete, accurate, and up to date, the content is intended for general information purposes only. The information, materials and opinions are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Any reliance you place on such information is strictly at your own risk and Stitch accepts no responsibility for any loss which may arise from reliance on information or materials published on the Website. 
   2. To the extent permitted by applicable law, Stitch makes no warranty, whether express or implied, regarding the Website including, without limitation, no representation or warranty as to the operation, integrity, compatibility, suitability, availability or functionality.
   3. Stitch will not be responsible for any:
      
      1. reliance on any of the information, content, tools, or materials that is obtained from the Website;
      2. inaccurate, incomplete, or inadequate information obtained from the Website; or
      3. links to other websites from the Website. You acknowledge that we cannot control the content of or the products offered on those third party websites.
9. Indemnity
   
   1. You agree to fully indemnify and hold Stitch and/or its agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives, harmless from and against any and all claims, damages, losses, costs or expenses relating to: 
      
      1. your use, access or reliance on the Website; 
      2. your violation of third party intellectual property rights; and
      3. your breach of these Terms or the Privacy Notice.
10. Consumer Protection Act, Protection of Personal Information Act and other laws
    
    1. If these Terms or any provision in these Terms are regulated by or subject to the Consumer Protection Act, 2008 (“CPA”), the Protection of Personal Information Act, 2013 ("POPIA") or other laws, it is not intended that any provision of these Terms contravenes any provision of the CPA, POPIA, or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, POPIA and such other laws are complied with.
    2. No provision of these Terms:
       
       1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
       2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
       3. limits or excludes any warranties or obligations which are implied into these Terms by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
11. General
    
    1. These Terms is to be governed, interpreted and implemented in accordance with the laws of South Africa.
    2. You consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Local Division, Cape Town for any proceedings arising out of or in connection with these Terms.
    3. The grant of any indulgence, extension of time or relaxation of any provision by Stitch under these Terms shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right of ours.
    4. Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision.
    5. You may not cede any or all of its rights or delegate any or all of its obligations under these Terms.
12. Contacting Stitch
    
    1. Stitch details:
       
       1. Name: Stitch Money Proprietary Limited, a company incorporated in South Africa under registration number 2018/409288/07;
       2. Address for legal notices: 9 Kinross Street, Germiston South, Gauteng, 1401;
       3. Website: https://www.stitch.money/ 
       4. Contact us at: https://www.stitch.money/contact or by emailing support@stitch.money email for general disputes
       5. Tel: +27 21 003 3539‍
       6. ‍Business description: Stitch is a payment service provider operating as a registered TPPP and SO.