Consumer Terms & Conditions

1. Definitions

1.1. “Account” means the information held by Snippet App relating to a Consumer, including details of sale transactions, personal contact details, bank account information, and any other information provided by the Consumer.

1.2. “Consumer” or “you” means any person using the Services on the Portal to facilitate payments for the sale of goods or products and can be the seller or the buyer in a sale transaction.

1.3. “Payment Provider” means Ozow (Pty) Ltd (Registration Number: 2013/214663/07) or any other instant electronic funds transfer payment system Snippet App partners with or uses to facilitate the payments submitted through the Platform from time to time.

1.4. “Portal” means the Website and/or any mobile application launched or provided by Snippet App to enable you to access the Services.

1.5. “Service(s)” means the payment facilitation service offered by Snippet App to Consumers through its Platform to enable Consumers to request, pay or receive money from the sale of goods or products, and any other services available for use on the Portal or provided by Snippet App.

1.6. “Snippet App” or “we” or “us” means Snippet App (Pty) Ltd, a private company registered in accordance with the laws of South Africa with registration number 2023 / 891059 / 07.

1.7. “Website” means Internet World Wide website at www.snippet.money (including subdomains) or such other URL as Snippet App may choose from time to time.

2. Terms and Conditions

2.1. This is an agreement between you and Snippet App that sets out our general service and account terms. It is important that you read and understand the contents hereof, as you will be bound to these terms.

2.2. If you do not agree to these Terms and Conditions, you must cease your access and use of the Services and the Portal immediately.

2.3. These Terms and Conditions include Snippet App’s Privacy Policy, which is included herein by reference and can be accessed .

2.4. Due to legal and other developments, Snippet App reserves the right to amend the terms of this agreement at any time and without notice to you. It is your duty to remain apprised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Should you proceed with using the Services or the Portal subsequent to any amendments having been affected constitutes your acceptance of the Terms and Conditions as amended.

3. Owner Information

3.1. The following are the details of Snippet App. Please submit any query in respect of these Terms and Conditions to us using one of these contact methods:

3.1.1. Directors: Pedre Viljoen and Jonathan Middleton

3.1.2. Tel: +27 64 964 5279

3.1.3. E-mail: info@andcru.io

3.1.4. Physical Address: 147 Main Road, Rondebosch, Cape Town, 7700 (service address)

3.1.5. Postal Address: 147 Main Road, Rondebosch, Cape Town, 7700

3.1.6. Registered Address: 147 Main Road, Rondebosch, Cape Town, 7700

3.1.7. Membership of Self-regulatory or Accreditation Bodies: None

4. Registration and Operation of Account

4.1. You can create an Account on the Portal to use the Services, or you can use the Portal as a guest. To create an Account, you will be required to provide your name and mobile number.

4.2. Should you create an Account, you accept that you are solely responsible for the consequences of your use of your Account and for maintaining it and all information in it.

4.3. You will have access to your Account through the Portal by means of your mobile number. You will receive an OTP to your mobile number to confirm your sign in.

4.4. Access to the Account will allow you to use the Services and submit requests for payment facilitation.

4.5. Should you be locked out of your account, Snippet App will be obliged only to take such steps as it regards as being secure to ensure that you regain access to your Account.

4.6. Juristic persons are encouraged to create Accounts using the details of the juristic person rather than that of the employee, officer or agent acting on behalf of the juristic person.

4.7. Snippet App takes security seriously, but you accept all risks of any unauthorised access that could occur regarding your registration or Account data.

4.8. You understand that, once the correct OTP relating to your mobile number has entered on the Portal, irrespective of whether the use is unauthorised or fraudulent, you will be liable for payment of any Services in accordance with these Terms and Conditions.

4.9. You agree:

4.9.1. to use the Portal and your Account only for the purposes set out in these Terms and Conditions;

4.9.2. not to use the Portal or your Account to commit any unlawful activity; and 4.9.3. not to impersonate any other person in dealing with us, and particularly not to access the Portal using another person’s mobile number.

4.10. Once you have created an Account, you will be required to provide your identity number and if you are the seller using the Platform, you will be required to provide your banking details to receive payment of the purchase price from the transaction. You are able to update your Account information at any time.

4.11. You warrant that all information furnished to Snippet App is correct.

4.12. YOU INDEMNIFY AND HOLD HARMLESS SNIPPET APP AGAINST ANY ACTION RESULTING FROM ANY USE OF THE PORTAL OR YOUR ACCOUNT WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS CLAUSE.

4.13. You agree and acknowledge that you will contact Snippet App immediately should you experience any unauthorised use of your Account details.

5. Services

5.1. When Consumers enter into a sale agreement, and the payment of a purchase price is required, Consumers can sign into the Portal as a guest or create an Account and use the Service to facilitate the payment between the parties for the sale of goods and/or products.

5.2. We make the Service available to Consumers to enable:

5.2.1. Consumers to receive payment into a safe and secure holding account.

5.2.1. Verification of Consumers that allow for increased transaction limits based on verification tier.

5.2.3. Courier package booking service. Consumers can select the option to use a courier on the Platform.

5.2.4. Payment of funds using various mechanisms.

5.2.5. Reviews of Consumers.

5.2.6. Resolving disputes between seller and buyer in respect of a transaction.

5.3. The Service will work as follows:

5.3.1. Once signed in or upon creation of an Account, the seller can create a recording of the transaction which they want to facilitate through the Platform, i.e. the goods or products and the purchase price (a “Snippet”). This creates a unique Snippet reference which the seller can share with the buyer. The seller is notified on the events screen on the Platform when the buyer has seen the Snippet.

5.3.2. The buyer will access the Platform and sign in as a guest or sign into their Account if they are already registered on the Platform. The buyer submits the unique Snippet reference and is then able to join the transaction.

5.3.3. Only the parties who have provided their mobile phone numbers can participate in the transaction.

5.3.4. The buyer then selects the option to pay the purchase price and will be redirected to the Payment Provider’s platform to make payment. The buyer may make payment using a debit/credit card, EFT, instant EFT, or any of the options provided for by the Payment Provider. Use of the Payment Provider may be subject to their own terms and conditions, which the Consumer agrees to abide by.

5.3.5. Once the payment of the purchase price reflects, the seller is notified on the events screen on the Platform that the funds have been received from the buyer. The seller acknowledges receipt and then actions the handover process for the goods or products by using the courier options on the Platform or any other method they prefer. The seller must acknowledge on the Platform that the goods or products have been dispatched.

5.3.6. The Platform will notify the buyer that the goods or products have been dispatched. Once the buyer receives the goods or products, they acknowledge receipt on the Platform, and the payment to the seller will be processed from the Payment Provider.

5.3.7. The seller must provide current, complete, and accurate account information to enable us to complete the transaction.

5.4. If you have a registered Account, you will be able to see your historic Snippets on your Account.

5.5. Snippet App reserves the right to communicate any Service changes to you on the Website.

6. Refunds

6.1. A refund through the Platform will only be initiated under the following circumstances:

6.1.1. A cancellation by either the Consumer or the third party to the relevant transaction at designated points within the transaction process, as determined in our sole discretion: or

6.1.2. Resolution of a dispute in favour of either the seller or the buyer in the transaction, as determined by our sole review and assessment of the case; and only in the circumstances when the payment has not already been released to the seller in the transaction.

6.2. The option to cancel a transaction is only allowed after the Snippet is created, and the buyer has seen the Snippet but has not yet taken any steps to make payment; and at any point before payment is made by the buyer.

6.3. Should a Consumer wish to initiate the cancellation of a transaction, they must choose “cancellation” when requested on the Platform to acknowledge that the goods or products have been dispatched. We will then review the request.

7. Payment of Service Fee

7.1. As consideration for the Services to be provided by Snippet App, Snippet App will take a fixed percentage commission on each transaction based on the purchase price payable by the buyer.

7.2. The service fee payable will be displayed in the Snippet summary.

7.3. This service fee will be deducted from the purchase price before payment is made to the seller on completion of the transaction.

Disclaimer

8.1. YOU EXPRESSLY AGREE THAT YOU KNOW AND UNDERSTAND THAT SNIPPET APP MERELY FACILITATES THE PAYMENT BETWEEN THE SELLER AND BUYER. THE AGREEMENT OF SALE IS ENTERED INTO BY THE SELLER AND BUYER ONLY AND SNIPPET APP WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF A SELLER OR BUYER.

8.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU KNOW AND UNDERSTAND THAT SNIPPET APP WILL NOT HELD BE LIABLE FOR ANY ACT OR OMISSION OF THE PAYMENT PROVIDER OR ANY COURIER PROVIDER OR OTHER THIRD PARTY SERVICE PROVIDER USED AS PART OF THE SERVICE.

8.3. SNIPPET APP DOES NOT MAKE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTEES (EXPRESS OR IMPLIED) WITH REFERENCE TO THE SERVICES EXCEPT SUCH AS ARE CONSISTENT WITH THESE TERMS OR AS ARE EXPRESSLY AUTHORISED BY SNIPPET APP IN WRITING.

8.4. Should the Consumer Protection Act 68 of 2008 (“CPA”) be applicable to these Terms, the Services, or to you as the case may be, the provisions of these Terms will not be interpreted to exclude your rights under Sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in these Terms, you will have no rights in respect of quality of service or implied warranty of quality beyond those explicitly stated in those sections.

8.5. We will not be bound by any incorrect information regarding any Services displayed on any third-party websites.

9. Ratings and Reviews of Consumers

9.1. Consumers may be able to leave ratings or reviews about other Consumers on the Portal. Consumers will be able to see their rating on their Account.

9.2. When posting a rating or review, you must comply with the following criteria:

9.2.1. you should have first-hand experience with the person/entity being rated or reviewed;

9.2.2. you may not post any false or misleading content;

9.2.3. you may not post any content with the intention to deceive someone;

9.2.4. and you may not organise a campaign encouraging others to post content, whether positive or negative.

10. Acceptable Use of Platform

10.1. You may not publish, display or transmit any content on the Portal that Snippet App reasonably believes:

10.1.1. constitutes pornography or is otherwise obscene, sexually explicit or morally repugnant;

10.1.2. is excessively violent, incites violence, threatens violence, or contains hate speech;

10.1.3. is unfair or deceptive under the consumer protection laws of any jurisdiction;

10.1.4. encourages conduct that would constitute a criminal offense or give rise to civil liability;

10.1.5. defames, abuses, harasses, stalks, threatens or violates the legal rights (such as rights of privacy) of others;

10.1.6. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;

10.1.7. improperly exposes trade secrets or other confidential or proprietary information of another person;

10.1.8. clearly infringes another person’s trade or service mark, patent, or other intellectual property right;

10.1.9 promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

10.1.10. is discriminatory in any way, including, but not limited to, by way of sexual orientation, race, culture, language, disability, or age discrimination;

10.1.11. is a fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; or

10.1.12. is otherwise illegal or solicits conduct that is illegal under laws applicable.

10.2. Any content you submit to the Portal will be considered non-confidential and non-proprietary. By providing any content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third-parties any such material.

10.3. You represent and warrant that:

10.3.1. You own or control all rights in and to content you post;

10.3.2. All of your content posted do and will comply with these Terms and Conditions; and

10.3.3. You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not Snippet App, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

10.4. We may accept, reject, or remove any content you post at our sole discretion. We have absolutely no obligation to screen content or to delete content, even if someone considers content objectionable or inaccurate. Content posted on the Portal are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

10.5. Snippet App are not responsible, or liable to any third-party, for the content or accuracy of any posted by you, any third party or any other user of the Website or any claims, liabilities, or losses resulting from any such content.

10.6. YOU AGREE AND UNDERTAKE TO INDEMNIFY AND HOLD HARMLESS SNIPPET APP, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY’S FEES AND RELATED COSTS, MADE BY YOU, ANY THIRD-PARTY AND ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT POSTED.

11. Personal information

11.1 YOU HEREBY EXPRESSLY AGREE THAT SNIPPET APP MAY COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION THAT YOU HAVE ENTERED IN CREATING AN ACCOUNT OR USING THE SERVICES AVAILABLE ON THE PORTAL ON THE BASIS AND WITH THE PEOPLE AS SET OUT IN OUR PRIVACY POLICY AVAILABLE .

12. Intellectual Property

12.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in the Portal or the Services are owned by Snippet App, which asserts and reserves all of its rights in this regard. Access to or use of the Portal or the Services will not in any way result in an assignment or license of any intellectual property owned by Snippet App or any other party.

12.2. The contents of the Portal may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Snippet App. However, Snippet App permits you to display the content of the Portal or the Services on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on the Portal provided that:

12.2.1. you do not modify the content of this material;

12.2.2. Snippet App’s Website or Portal is the acknowledged source; and

12.2.3. this permission may be revoked at any time by Snippet App.

12.3. No other use of the Portal or the Services is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Portal or the Services, include the content of the Portal or the Services in or with any product that you create or distribute, or copy the content of the Portal or the Services onto your own or another’s website, unless as set out in these Terms and Conditions.

13. LIMITATION OF LIABILITY AND INDEMNITY

13.1. DESPITE ANY ASSISTANCE PROVIDED BY SNIPPET APP CONSUMERS TO FACILITATE PAYMENTS IN TERMS OF A SALE AGREEMENT, SNIPPET APP EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OCCASIONED FROM THE USE OR INABILITY TO USE THE SERVICE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND SNIPPET APP HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME. CONSEQUENTIAL AND INDIRECT LOSS AND DAMAGE WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, AND WASTED EXPENDITURE.

13.2 UNDER NO CIRCUMSTANCES WILL SNIPPET APP BE LIABLE FOR ANY UNDELIVERED GOODS OR PRODUCTS, THE QUALITY OF THE GOODS OR PRODUCTS, ANY DAMAGED GOODS OR PRODUCTS OR ANY BREACH OF THE SALE AGREEMENT WHATSOEVER BETWEEN THE SELLER AND THE BUYER.

13.3. UNDER NO CIRCUMSTANCES WILL SNIPPET APP BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM ANY ACT OR OMISSION OF THE PAYMENT PROVIDER, THE COURIER PROVIDER OR ANY OTHER SERVICE PROVIDER USED TO PROVIDE THE SERVICES.

13.4. CONSUMERS AGREE TO INDEMNIFY AND HOLD HARMLESS SNIPPET APP, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY’S FEES AND RELATED COSTS, MADE BY ANY SUPPLIER OR THIRD-PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE CONSUMER’S USE OF OR ACCESS TO THE SERVICE OR THE PLATFORM.

13.5. YOU AGREE THAT THIS LIMITATION OF OUR LIABILITY APPLIES TO YOU, YOUR ESTATE AND YOUR DEPENDENTS.

14. Termination & Breach

14.1. Either party may cancel this agreement with 30 (thirty) days’ written notice to the other party.

14.2. Should you breach these Terms and Conditions, and specifically the Consumer acceptable use set out in clause 10, Snippet App may at its sole instance:

14.2.1. Deny you access to your Account and the Services until such time as the breach is remedied, or

14.2.2. Terminate this agreement and the provision of the Services immediately.

15. Electronic Communications

15.1. By visiting the Website, the Portal or the Services, you consent to receive electronic communications from us.

16. Use of Mobile Application

16.1. If you are accessing the Services through the use of a mobile application (“App”), the terms set out in this clause will apply.

16.2. You will probably download this App to your mobile device (“Device”) from a third-party mobile app store (the “Store”). This agreement and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.

16.3. We may release new versions of the App from time to time. You should download the new version in order to continue to make use of the Service, and you understand that the Service may not be provided as intended should you not be using the latest version.

16.4. Licence

16.4.1. We grant to you a free, non-transferable licence to use the App on any Device that you own or control for the sole purpose of accessing the Service. If the Store that you download the App from is operated by Apple Inc., then the license is limited to use the App on an iPhone, iPod Touch, iPad or other Apple Device using a version of the iOS operating system as permitted by the Apple App Store Terms of Service.

16.4.2. This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Usage Rules as set out in the Apple App Store Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of our rights and the rights of our licensors.

16.5. Third-Party Content and Services

16.5.1. The App may allow access to websites or other applications owned and / or operated by third-parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.

16.5.2. You agree to use the App at your sole risk in this regard and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the App (regardless of whether or not we have permitted access to the material).

16.5.3. If you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.

16.5.4. You must also comply with applicable third-party terms of agreement when using this App.

16.6. Relationship with the Apple iStore

16.6.1. This clause only applies to you if the Store that you download the App from is operated by Apple Inc.

16.6.2. Both parties acknowledge that this agreement is entered into between them only, and that Apple Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance of the App.

16.6.3. In the event of a failure of the App to conform to an applicable warranty, you may notify the Store, which may refund the App licence fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this agreement).

16.6.4. Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

16.6.5. Both parties acknowledge that if there is any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

16.6.6. Both parties acknowledge and agree that this agreement operates as a contract for the benefit of a third party in favour of the Store and its subsidiaries, insofar as the provisions of this agreement create rights in favour of the Store. The Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.

16.6.7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Disputes or Complaints

17.1. Any complaints relating to the violation of these Terms and Conditions or relating to the use of the Portal or Services should be submitted in writing to info@andcru.io.

17.2. Complaints must be substantiated, and unambiguously state the nature of the problem.

17.3. We reserve the right to consider and action any complaints at our sole discretion.

17.4. Should we be unable to resolve your complaint to your satisfaction, you are entitled to approach the Consumer Goods and Services Ombud to assist you in resolving the dispute. The Consumer Goods and Services Ombud can be contacted at http://www.cgso.org.za/, 0860 000 272 or complaints@cgso.org.za.

18. Jurisdiction

18.1. These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Snippet App both agree to submit any dispute arising out of the use of this Website or the purchase of any Products to the exclusive jurisdiction of the courts of the Republic of South Africa.

19. General

19.1. These Terms and Conditions contain the record of the entire agreement between you and Snippet App in respect of the in respect of access to and use of the Services.

19.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.

19.3. Snippet App’s omission to exercise any right under these Terms and Conditions will not constitute a waiver of any such right unless expressly accepted by Snippet App in writing.

19.4. If the whole or any part of a provision of these Terms and Conditions is void or voidable by either party or unenforceable or illegal, the whole or that part (as the case may be) of that provision, must be severed, and the remainder of the Terms and Conditions will have full force and effect, provided such severance does not alter the nature of the agreement between the parties.

20. Queries

20.1 If you have any queries about these Terms and Conditions, please contact us using the details provided below:

Email: info@andcru.io Address: 147 Main Road, Rondebosch, Cape Town, 7700