Terms & Conditions
15 Apr 2025
Tosa Pay General Terms of Use
Welcome to Tosa Pay. These Terms and Conditions govern your use of our website, payment solutions, mobile applications, and related services (collectively referred to as the 'Services'). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to abide by these Terms. If you do not agree, you may not use our Services.
Tosa Pay is a payment solutions provider that enables merchants to accept various payment instruments for goods and services. We are not a bank and do not function as one; however, we have partnered with Bank(s) to facilitate our Services.
Definition of Terms
Bank(s): Financial institutions we collaborate with to offer our payment solutions. Associations: Card associations supported by the Bank(s), which operate under specific rules ('Association Rules') that both Tosa Pay and Merchants must adhere to.
Merchant: Any business or individual utilising Tosa Pay’s payment processing solutions.
Customer: An individual making a payment to a Merchant using Tosa Pay’s platform.
Services: Payment processing solutions, including online payments, card transactions, and other financial services.
Authorised Representatives: Only individuals you appoint as authorised representatives can act on your behalf regarding our services. It's your responsibility to establish safeguards and controls to prevent misrepresentation, fraud, unwanted or unauthorised transactions, and any other unauthorised actions on your behalf. If applicable, you're also responsible for your employees' actions while they're employed by you.
Consequences of Someone Acting on Your Behalf - If someone acts on your behalf, whether you authorised it, you'll be held responsible for the value of all transactions made on your behalf. You'll also be liable for any losses and costs resulting from actions taken on your behalf. By agreeing to this, you acknowledge the associated risks.
Transferring Rights and Obligations - You generally can't transfer your rights or delegate your obligations to another party unless we provide written consent.
Application form: means a record(s) on which your personal information, debit order authorisation (if applicable), the Solution selected by you, your marketing consent, personal information processing consent and your acceptance of the terms and conditions of the Merchant Agreement are captured, whether online or paper based.
Device: Any hardware, software, or mobile application provided by Tosa Pay to facilitate transactions.
Transaction: Any payment processed through Tosa Pay’s Services.
Introduction
These are our general terms & conditions (“T&Cs”) that outline the rules for our overall relationships.
The moment you start our online signup process to use our services, you agree to follow these rules. But remember, this doesn't guarantee you'll become our customer. We'll let you know after our onboarding process.
For each service we provide, we have specific rules known as "Service Terms and Conditions" or "Service T&Cs." When you use a particular service, you agree to abide by these rules. These rules, along with our T&Cs, and our policies (which may be updated periodically), collectively make up what we call the "Agreement".
Our Agreement with you encompasses all our policies related to the provision of our services, and these policies may be subject to changes and updates over time.
A Term Sheet and End-user license agreement consists of these terms, hereafter referred to as “EULA” will be attached to your application and may be subject to change from time to time. A copy of the latest terms is available on our Tosa Pay website.
The Terms and Conditions of our Agreement will apply for the duration of the Relationship and set
out the rights and obligations applicable to: Registered Users; browsing the Tosa Pay Website; Using the Tosa Pay Hardware, Solutions, API, our system and Tosa Pay Software; and Performing transactions. Please make sure you read our T&Cs, End -user license agreement, Terms sheet and policies carefully, and remember them. If you do not understand any part of these, you may request that it be explained to you before accepting and concluding the Term Sheet and EULA, you can contact us on the Tosa Pay support contact number (087) 265 7127.
Alternatively, if you want a quick summary or have questions, check out our FAQ on the Home page or contact our Helpdesk at support@tosapay.com.
Onboarding Process
Application: Begin by applying for Tosa Pay Services through your preferred signup method:
4.1 Information Submission
During the application, you'll need to provide accurate details about yourself and any relevant parties, such as authorised representatives, business owners, shareholders, directors, partners, or employees, and details about the nature of your business. We assume the information you provide is correct.
This information may include the collection of data such as:
a) Signup Process
Create an account using Email and Password or using a Google account.
b) Onboarding process
Merchants will follow the steps below to complete their onboarding process.
Personal information: Name and Surname, email address, cell phone number, language, Identity/Passport number
Business details: Business type, business legal name, trading name, business category, Registration number, VAT registration number (Optional).
Business address: Physical address or/and postal address.
Banking details: Bank name, branch code, account name, account number, account type.
Update Directors or Shareholders:
Director option
Name and Surname
Identity number
Email address
Number of shares
Company option
Company name,
Registration number,
Email address
Member type
Shareholder percentage of ownership
ID Document sectionUpload Identity document (smart card, id book, passport etc).
Selfie section: Upload a clear picture of identity document held at under the chin of the identity document holder.
Upload of Merchant documents:
Sole Proprietorship
Proof of bank account,
Proof of address
Proof of identity
Partnership
Proof of bank account
Proof of identity
Resolution letter
Close Corporation
Proof of bank account
Proof of identity
Resolution letter
Trust
Proof of bank account
Proof of identity
Resolution letter
Trust Letter of Authority
Company
Proof of bank account
Proof of identity
CIPC certificate
Resolution letter
Non-Profit organisation
Proof of bank account
Proof of identity
Resolution letter
NPO funding documents
Service Selection - You select the services you need, and additional requirements or information may be necessary based on your choices. We will let you know.
Authorisation - You give us explicit permission to perform various checks on you and related parties during the signup, and onboarding, and as required by law and us or the Bank(s) throughout our relationship and after it ends. These checks could include vetting, credit (including credit checks that could leave a trace), background and regulatory checks, and collecting and checking biological patterns or characteristics.
Equipment and Software - You may need to supply additional devices, equipment, or infrastructure to effectively use our services. You'll also need to download our app and install other necessary software.
An offer - Your application is considered a business offer to us. We'll decide whether to accept it after conducting our verification process.
Releasing Money - While you can start processing transactions after signup, we won't release the money until our verification process is complete and everything checks out.
Notification - We will notify you of the results of our verification process.
Updating Information - If your information or verification documents change, including details aboutAuthorised Account Holders or related parties, you must inform our Support Team immediately. Failure to do so may result in suspension of access to our services, requiring you to complete our onboarding process again for transaction settlements.
4.1. Know Your Client (KYC) - We cannot enter a relationship with you unless you provide valid documents as part of our customer due diligence process. This may include identity verification, address verification, and details about your business and its ownership structure.
4.2. Non-Compliance with FICA - If the documents you provide do not comply with the Financial Intelligence Centre Act No. 38 of 2001 (FICA), we will have to suspend our services as required by law. We'll make efforts to obtain the correct documents, but if we can't, our services to you will be terminated immediately, and we'll notify you accordingly.
4.3. Retention of Information - By law, we are required to retain your information and verification documentation for at least 5 years from the date of the last business interaction with us.
4.4. Sharing Information - You acknowledge and consent to us sharing your information and verification documentation with the Bank(s), regulators, and Associations when requested.
5 Our Services
5.1 We offer different services, such as payment solution services. You can find more details about our other services on our website and on our app.
5.2 But here's something important to know - we can change how these services work or even stop offering them, and we might not give you notice when we do. We'll decide what changes to make, if any, based on what we think is best.
5.3 Using our services comes with some risks, and you need to be aware of them and take precautions.
5.4 If there's a problem with our services, we'll do our best to make things right. However, because of the nature of our services, they are provided as they are and as they become available. We can't guarantee that there won't be any issues with them.
5.5 Service outages - please note that during any service outage it may not be possible to use our services and there may be delays with transactions being processed.
5.6 We don't fully provide warranties for our services allowed by law. This means we don't promise that our services will always meet your needs, be available all the time without interruptions, be completely secure, or free of bugs or harmful stuff like viruses.
5.7 We are not liable for any failure, malfunction or delay of any networks or electronic or mechanical device or terminal used in the acceptance and processing of transactions.
5.8 You can only use our services within South Africa, and they cannot be used outside of the country.
6 Our Fees
6.1 All fees are listed on our website and app, unless separately agreed in writing.
7. Termination of Agreement
7.1 Merchant-Initiated Termination
7.1.1 If you wish to stop using our services, you can do so at any time by submitting a written notice to our Support Team or you can choose to stop using our services.
7.2 Tosa Pay-Initiated Termination
We can suspend or end this Agreement, specific services, or suspend any services whenever we think it's necessary. We don't have to tell you first. We can also end this Agreement, specific services, or suspend any services right away if:
7.2.1 the Bank(s), the Associations, or any law tells us to;
7.2.2 we suspect fraud, criminal activity, or improper use of our services;
7.2.3 we find any activity that could harm the card payment system's reputation.
8. Warranties
8.1. As applicable to the services you are using, you warrant that:
8.1.1 Accurate Information - you warrant that the information you have provided is truthful and accurate.
8.1.2 No Shady Business - Your business must comply with the law and uphold public policy. Any involvement in illegal, fraudulent, or prohibited activities is unacceptable.
8.1.3 You are not a Payment Service Provider.
8.1.4 Age Requirement - if you're an individual, you must be at least 18 years old.
8.1.5 Eligibility - you are allowed to use our services and can legally enter into this Agreement.
8.1.6 Your Business Name - the name you used when signing up is really your business name.
8.1.7 Authorised Account Holder - you are the Authorised Account Holder and will immediately let us know if those changes.
8.1.8 Genuine Transactions - all transactions you make are real and accurately describe what you're selling to customers.
8.1.9 Customer disputes - you'll meet all your customer obligations for transactions you submit and deal with customer issues directly.
8.1.10 Applicable Law - you will, and all transactions initiated by you, will comply with all laws, rules, and regulations applicable to you and/or your business and employees.
8.1.11 No Fraud - you won't use our services for fraudulent activities.
8.1.12 Association Termination - you have not had any previous contracts with the Associations that were terminated by or due to them or any authorities or by court order.
8.1.13 Use of your own cards - you won't use our services to process payments from your own cards unless it's for reasonable testing purposes.
8.1.14 Agreement - your use of the services will follow this Agreement.
The Tosa Pay App
Using the App - The app allows you to use our services and provides you with certain functionalities. At times, you might need to update or upgrade the app to keep using our services or have access to certain functionalities. It's your responsibility to make sure you have the latest updates so you can keep using the services and have access to certain functionalities without any interruptions.
Criminal Activities
10.1 We aim to stop illegal activities like money laundering, terrorism financing and cybercrimes. So, where we think it is necessary and/or where required in law, we may:
10.1.1 Refuse to work with anyone we think is involved in illegal activities or other activities that may have a negative impact on us.
10.1.2 Check the identity of those using your Merchant Account or those who attempt to access or transact using your Merchant Account.
10.1.3 Block access and/or suspend your Merchant Account, if we suspect your Merchant Account may be the target of or being used for any unlawful activities or cybercrimes.
10.1.4 Ask for further information and check any transaction, instruction or recipient before we act, even if this causes a delay in our services.
10.2 If, at any time, we suspect any fraudulent or criminal activity, we, or an agent appointed by us, may:
10.2.1 Investigate and inspect your business premises or any other place that we may consider relevant.
10.2.2 Immediately suspend or terminate your access to our services without notice.
10.2.3 Delay settlements or withhold payments.
10.2.4 Refund cardholders.
10.2.5 Share your details and suspicious activity reports with the South African Fraud Prevention Service, the South African Police Service, the Bank(s) or any of their agents, the Associations or
any of their agents, any other investigating authority, or any other interested third party. You agree to fully cooperate if undergoing forensic or other investigations, until completed.Inspection Rights
11.1 You agree to do the following at your own expense:
11.2 Maintain Records - Keep complete and accurate financial records for all authorised transactions.
11.3 Provide Bank Statements - Give us your bank account statements within 5 business days if we ask for them.
11.4 Share Financial Statements - You are required to provide us with your financial statements within 5 days from either the date they become available or our request, whichever occurs first. While unaudited statements are acceptable, if audited statements are available, you must provide those.
11.5 Provide Additional Information - If we need more information relating to our services, you'll provide it to us within 5 days of our request.
11.6 Authorisation to Share - You authorise us to share any such financials and/or bank statements, and information received from you with the Bank(s) and their agents, the Associations and their agents or any other regulator, or third party as may be required by law.
11.7 Full Co-operation - You must fully cooperate if undergoing forensic investigations, until completed.
Your Privacy Matter to Us
12.1 At Tosa Pay we deeply value the privacy and personal information of our customers. We have a commitment to handle your personal information in accordance with our Privacy Policy, which can be found on our website and app.
12.2 By accepting this Agreement or providing personal information to us, you are giving your agreement and consent to the terms outlined in our Privacy Policy. If you have any questions or concerns regarding this matter, please get in touch with our Support Team at support@tosapay.com.
12.3 In cases where we need specific consent for processing beyond what's covered in our Privacy Policy, we will directly seek your consent.
12.4 If you provide us with personal information about another individual (including Authorised Account Holders, signatories, authorised representatives, and beneficiaries), you confirm that you are authorised to: (i) share their personal information with us; (ii) provide consent on their behalf for the processing of their personal information, and (iii) receive privacy notices on their behalf. It's essential to note that you are responsible for safeguarding the personal information of cardholders.
Legal
13.1 Our Limitation - To the maximum extent permitted by law, neither us nor our “Third Party Service Providers that we have contracted with in order to provide the services (along with their employees, shareholders, directors, agents, affiliates, and representatives) can be held liable for various types of damages. These include direct, indirect, punitive, incidental, special, consequential, or exemplary damages, such as loss of profits, goodwill, use, data, or other intangible losses.
This applies to situations like:13.1.1 Your use or inability to use, or unavailability of our services.
13.1.2 Unauthorised access or use of our services or your Merchant Account.
Errors, mistakes, or inaccuracies in our services
Even if it seems like we should be liable, whether it's because of a contract, negligence, strict liability, or any other reason, we won't be liable for these kinds of damages, especially if we've already warned you that they could happen.
Your Indemnity
To the maximum extent permitted by law, you agree to protect and defend us and our Third-Party Service Providers (along with their employees, shareholders, directors, agents, affiliates, and representatives) from any claims made by third parties. This includes covering costs, damages, penalties, actions, judgments, suits, expenses, disbursements, fines, or other amounts that result from:
15.1 Any actual or alleged breach of your warranties or obligations set out in this Agreement.
15.2 Any transaction submitted by you through the services.
15.3 Your violation of any third-party rights, including privacy, publicity, or intellectual property rights.
Consumer Protection Act
If the CPA regulates this Agreement or any goods or services provided under it, we want to make sure that none of the provisions in this Agreement violate the CPA. All provisions should be interpreted in a way that ensures compliance with the CPA.
Evidence
If you owe us money, a certificate signed by us will serve as sufficient proof of the debt, including the payable amount, applicable interest rate, and interest calculation date. This certificate will be valid unless you can prove otherwise. The appointment of the person who signed the certificate on our behalf doesn't need to be proven.
Jurisdiction
For legal matters related to this Agreement, you consent to the jurisdiction of any division of the
Magistrates Court, even if the claim against you exceeds the court's usual limits. This doesn't prevent us from pursuing legal action against you in any court that has jurisdiction.
18.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, the remainder shall survive unaffected.18.2 For any required disclosures in respect of the Electronic Communication Act, 25 of 2002, as amended, replaced or repealed please refer to our website or contact us for any required information.
Address
19.1 Your Address for Legal Notices and Documents - Your physical (street) address on your signup application form is your chosen address for receiving any legal notices and documents. You must inform us immediately if your address changes.
19.2 Your Address for Notices and Documents that are not Legal - We may choose to send notices that are not legal notices regarding our services to the email address or postal address, which you give on your signup application form.
19.3 We will assume that you have received any notice we send you within 10 (ten) days of posting, or on the same day if delivered by hand or sent by email.
19.4 Our Address - We choose as our address for purpose of legal proceedings and legal notices at which address all processes and notices arising out of or in connection with this Agreement, its breach or termination may validly be served upon or delivered to us, as:
Physical Address: 1st Floor, Cradock Square, 169 Oxford Road, Rosebank, Johannesburg, 2169Phone: (087) 265 7127
Email: support@tosapay.com