1. DEFINITIONS AND INTERPRETATION
“Tappy”, “we”, “our”, or “us”
Definition: Refers to Tappy Technologies (Pty) Ltd, a private company incorporated in South Africa.
Description: This identifies the legal contracting entity and clarifies that all obligations and rights arise between the Merchant/Customer and Tappy.
“Platform”
Definition: The Tappy mobile application, website, software interfaces, and all digital systems that support Tappy Pay and Tappy Park.
Description: All payment related or parking related functions, screens, APIs, servers, and user interfaces form part of the Platform.
“Merchant”
Definition: A person or organisation registered to receive payments through Tappy Pay.
Description: Merchants accept payments through the Platform and must meet all verification, legal, and compliance requirements.
“Customer” or “User”
Definition: An individual making a payment to a Merchant through the Platform.
Description: Customers use Tappy only to pay Merchants for goods, services, tips, or parking usage.
“Wallet”
Definition: The Merchant’s digital balance where settled funds are available for withdrawal.
Description: Only funds that have fully settled may appear as Available Balance and can be withdrawn by the Merchant.
“Global Wallet”
Definition: A temporary holding balance for unverified Merchants before completing KYC/KYB.
Description: Funds here are restricted and cannot be withdrawn until verification is approved.
“KYC/KYB”
Definition: Know Your Customer/Know Your Business verification required by financial laws.
Description: Verification ensures legal compliance and protects the ecosystem against fraud and misuse.
“Reversal”
Definition: A cancellation of a transaction before settlement where the full amount and all fees are returned.
Description: Reversals apply only to unsettled payments; the Merchant incurs no fees.
“Refund”
Definition: A return of funds after settlement where the Customer receives the full amount, but fees remain payable by the Merchant.
Description: Refunds apply after settlement is completed; fees are irreversible as they have already been processed.
“Distinction Between Reversals and Refunds”
Definition: Reversals occur before settlement; refunds occur after settlement.
Description: This difference is determined by settlement status and follows standard PSP/acquiring bank practices.
“Chargeback”
Definition: A dispute initiated by a Customer or bank resulting in reversal of a settled transaction.
Description: Chargebacks may lead to financial loss for the Merchant and may require evidence submission.
“Reserve”
Definition: Funds temporarily withheld to cover disputes, fraud, refunds, or regulatory review.
Description: Reserves protect the payment ecosystem from financial risk.
“PSP” (Payment Service Provider)
Definition: Authorised payment partners processing transactions for Tappy.
Description: PSPs provide regulated infrastructure for secure processing and settlement.
“PCI DSS”
Definition: Global Payment Card Industry Data Security Standard.
Description: Tappy uses PCI compliant partners; Merchants must follow PCI rules.
“Venue”
Definition: Parking locations participating in Tappy Park.
Description: Fees, rules, and operations at these Venues are independent of Tappy.
2. NATURE OF SERVICE
Technology Platform Tappy is a payment and parking technology intermediary, not a bank. Description: Tappy does not provide credit or banking services and relies on authorised PSPs for regulated payment processing.
Regulatory Compliance All transactions must comply with South African laws, PSP rules, acquirer rules, anti money laundering laws, and card scheme regulations. Description: These compliance requirements govern how funds are processed, settled, and managed.
Right to Update Terms and Fees Tappy may update these Terms or fees without prior notice. Description: Changes reflect regulatory, PSP, or operational requirements. Updated Terms appear on the Platform.
3. MERCHANT OBLIGATIONS
Accurate Information Merchants must maintain accurate and truthful account details. Description: Incorrect information may result in suspension, account restriction, or termination.
Verification Compliance Merchants must complete all KYC/KYB requirements. Description: Verification is legally required to receive settlements and withdraw funds.
Fulfilment of Goods/Services Merchants must provide goods/services associated with payments received. Description: Failure to fulfil obligations leads to disputes, refunds, or account termination.
Dispute Cooperation Merchants must provide evidence when requested. Description: This is required by PSPs and acquiring banks to resolve chargebacks or disputes.
Lawful Use of Platform Merchants must only process lawful transactions. Description: High risk or illegal transactions may result in immediate suspension or termination.
4. PSP & PCI-DSS COMPLIANCE
PCI DSS Compliance Tappy uses PCI DSS Level 1 certified PSP partners for secure payment processing. Description: Cardholder data is never stored by Tappy; all processing occurs through approved secure channels.
Merchant Security Requirements Merchants may not store, record, or handle card data outside Tappy’s approved flow. Description: Handling card data outside PCI compliant channels violates global security regulations.
Security Control Restrictions Merchants may not bypass or interfere with security systems. Description: Breach of security obligations may result in termination and regulatory reporting.
5. PROHIBITED & HIGH-RISK BUSINESSES
Illegal or Unlicensed Activities Merchants may not process payments for illegal goods, counterfeit items, or unlicensed services. Description: These activities violate South African and global regulations.
Adult Entertainment Explicit content or escort services are prohibited. Description: Card networks classify these as restricted industries.
Gambling and Betting Online or offline gambling, raffles, and wagering are prohibited. Description: These activities require specialised licences and are restricted by PSP rules.
Cryptocurrency-Related Services Crypto trading or exchange services are prohibited unless specifically approved. Description: These carry heightened fraud and chargeback risk.
MLM or Pyramid Schemes Such models may not be processed. Description: These are classified as high risk by PSP partners.
Weapons or Military Equipment Payments for weapons or regulated defence equipment are prohibited. Description: These involve strict international controls and are not allowed.
High-Risk Financial Services Includes remittance, money transfer, payday loans, and prepaid cards. Description: Such services require financial licensing Tappy does not provide.
6. TAPPY PAY
6.1 Global Wallet Definition: The Global Wallet temporarily holds funds received before Merchant verification. Description: Funds received by unverified Merchants are restricted and cannot be withdrawn. This ensures compliance with PSP and financial regulations. Once verification is completed, funds are automatically transferred to the Merchant Wallet.
6.2 Merchant Wallet Definition: The Merchant Wallet reflects settled funds eligible for withdrawal. Description: Only fully processed and cleared transactions appear as Available Balance. Funds may still be subject to compliance, chargeback, or reserve requirements.
6.3 Fees Definition: Tappy charges transaction and service fees, which may include: • 10% on tipping payments • 3% on trade/service payments • Optional compounding “cover fees” • A R2.70 withdrawal fee per withdrawal Description: Fees apply automatically at the time of transaction or withdrawal. Fee structures are based on PSP, acquirer, and operational requirements and may change without notice.
6.4 Settlement & Adjustments Definition: Tappy may adjust balances to correct errors or complete compliance actions. Description: Adjustments ensure accurate reconciliation and compliance with PSP and acquiring bank rules. Adjustments may include reversals, refunds, chargebacks, or regulatory corrections.
7. REVERSALS & REFUNDS
7.1 Reversals (Before Settlement) Definition: A reversal returns both the transaction amount and all associated fees to the Customer. Description: Reversals apply only to payments not yet settled. The Merchant incurs no costs, as the transaction is cancelled prior to PSP finalisation.
7.2 Refunds (After Settlement) Definition: A refund returns the full transaction amount but does not return fees to the Merchant. Description: Refunds apply after settlement. Fees are irreversible because they have already been processed through PSP and acquiring-bank systems.
7.3 Distinction Between Reversals and Refunds Definition: Reversals occur before settlement; refunds occur after settlement. Description: This distinction reflects industry standards. Settlement status determines whether fees are reversible. Reversals incur no Merchant cost; refunds do.
8. WALLET BALANCES & WITHDRAWALS
8.1 Current Balance Definition: Reflects total transaction amounts, including unsettled funds. Description: Not all funds shown in Current Balance are eligible for withdrawal. Unsettled transactions remain subject to PSP review and risk checks.
8.2 Available Balance Definition: Reflects settled funds that may be withdrawn. Description: Only cleared transactions can be withdrawn. Settled funds may still be restricted due to reserves, chargebacks, or compliance requirements.
8.3 Withdrawal Requirements Definition: Withdrawals must meet the following requirements: • Must come from Available Balance only • Must not exceed Available Balance • Must cover the R2.70 withdrawal fee • Must not result in a negative Wallet balance Description: Withdrawal rules prevent financial instability and ensure compliance with PSP and acquirer expectations. Merchants cannot withdraw unsettled or restricted funds.
8.4 No Negative Balances Definition: Merchant Wallets must remain at a balance of zero or greater. Description: If insufficient funds exist during a dispute, Tappy may delay settlements, apply reserves, or offset future deposits. Wallets cannot fall into a negative position.
9. CHARGEBACKS
9.1 Merchant Liability Definition: Merchants are fully responsible for chargeback losses and associated fees. Description: Chargebacks are enforced by banks and card scheme rules. Merchants bear the financial impact of disputes arising from their transactions.
9.2 Evidence Requirement Definition: Merchants must supply documentation when requested. Description: Evidence may include invoices, receipts, proof of delivery, communication logs, or service records. Failure to provide evidence may result in automatic loss of the dispute.
9.3 Chargeback Deductions Definition: Tappy may deduct the chargeback amount from the Merchant Wallet. Description: This ensures compliance with acquiring bank rules. If insufficient funds exist, reserves may be applied or settlements delayed.
9.4 Chargeback Escalation Definition: Excessive chargebacks may trigger account review, reserves, or suspension. Description: High chargeback activity indicates elevated risk. PSPs and acquirers may require Tappy to restrict or terminate Merchant activity in such cases.
10. RESERVES & WITHHOLDING FUNDS
10.1 When Reserves Apply Definition: Reserves may be applied when: • Fraud is suspected • Excessive disputes occur • High risk Merchant behaviour is detected • Required by PSP/acquirer/regulators Description: Reserves protect Merchants, Customers, and Tappy from financial loss. They are standard practice in PSP risk management.
10.2 Adjustments to Reserve Amounts Definition: Tappy may modify the reserve amount at any time. Description: Adjustments reflect ongoing risk evaluation, transaction patterns, or PSP/acquirer instructions.
10.3 Release of Reserves Definition: Reserves are released when underlying risks are resolved. Description: Release timeframes depend on dispute outcomes, regulatory confirmation, and risk assessments. PSPs may require extended retention periods.
10.4 Settlement Delays Due to Risk Definition: Tappy may delay settlements where necessary to manage financial or compliance risk. Description: This protects all parties and ensures adherence to PSP regulations.
11. CROSS-BORDER TRANSACTIONS
11.1 International Payment Support Definition: Tappy allows Customers located inside or outside South Africa to make payments to Merchants. Description: This enables global ecommerce and remote service payments, subject to regulatory and PSP requirements.
11.2 Settlement Currency Definition: All Merchant settlements are paid in South African Rand (ZAR), regardless of Customer origin. Description: Exchange rates and associated fees are determined by PSP partners. Settlement amounts may differ from Customer payment amounts due to currency conversion.
11.3 Cross Border Compliance Definition: All international transactions must comply with the legal requirements of South Africa, foreign jurisdictions, PSP partners, and acquirer rules. Description: Tappy may require additional documentation for international transactions or restrict activity based on regulatory or risk considerations.
11.4 Cross Border Limitations Definition: Tappy may limit, delay, or suspend international transactions to manage compliance or exposure. Description: These safeguards protect Tappy, Merchants, and PSP partners from cross-border financial risk.
12. TAPPY PARK
12.1 Venue Fees Definition: Parking fees are set by each Venue and displayed to the Customer through the Platform. Description: Tappy does not influence or control parking pricing.
12.2 Pre Exit Grace Period Definition: A 15 minute grace period applies after a Customer completes a pre exit payment. Description: Exceeding this timeframe may result in additional charges imposed by the Venue.
12.3 Venue Liability Definition: Tappy is not liable for theft, loss, damage, or injury occurring within a Venue. Description: Venue operators are solely responsible for the parking environment and security.
12.4 Anchor Tenant Validations Definition: Any parking validations offered by anchor tenants are at their discretion. Description: Tenants determine eligibility, value, and application of validations.
13. TERMINATION & SUSPENSION
13.1 Grounds for Suspension or Termination Definition: Tappy may suspend or terminate a Merchant for: • Fraud or suspected fraud • Prohibited business activity • PCI DSS/security violations • Excessive chargebacks • Regulatory or PSP/acquirer instruction • Failure to provide required documentation • False or misleading account information Description: These grounds ensure safety, compliance, and the integrity of the Platform.
13.2 Immediate Suspension Definition: Tappy may immediately suspend a Merchant if urgent risk or regulatory concerns arise. Description: Immediate action protects customers, PSP partners, and Tappy from exposure.
13.3 Effect of Termination Definition: Pending settlements may be held until all disputes, refunds, chargebacks, and compliance queries are resolved. Description: Funds are released only when risk is fully mitigated.
13.4 Right of Set Off (Optional Clause Added) Definition: Tappy may deduct any amounts owed by the Merchant (including chargebacks, fees, penalties) from future settlements. Description: Set off rights help recover outstanding obligations without requiring separate legal action.
14. DATA PROTECTION (POPIA)
14.1 POPIA Compliance Definition: Tappy processes personal data in accordance with the Protection of Personal Information Act. Description: Personal information is collected and used for verification, compliance, payment processing, communication, fraud prevention, and service operation.
14.2 Data Retention Definition: Tappy retains data only as long as required for regulatory, operational, and legal purposes. Description: Data may be retained for statutory periods required by financial regulations, PSP agreements, and audit obligations.
14.3 Cross Border Data Transfers Definition: Some PSP services may require data to be stored or processed outside South Africa. Description: All transfers are conducted under lawful and secure arrangements consistent with POPIA.
14.4 Third Party Processing Definition: Tappy may share data with PSP partners, identity verification providers, and regulatory authorities. Description: Data is shared only for lawful, operational, and compliance purposes.
15. LIABILITY LIMITATIONS
15.1 Platform Availability Definition: Tappy does not guarantee uninterrupted Platform access. Description: Service interruptions may occur due to maintenance, PSP outages, network failures, or external factors.
15.2 Limitation of Liability Definition: Tappy’s maximum liability for any claim is limited to the total fees paid by the Merchant in the preceding three months. Description: This limitation ensures predictable risk exposure for both Tappy and Merchants.
15.3 No Indirect Liability Definition: Tappy is not liable for indirect, consequential, punitive, or special damages. Description: This includes loss of profit, revenue, opportunity, or business interruption.
15.4 Third Party Services Disclaimer (Optional Clause Added) Definition: Tappy is not liable for the performance or availability of third party systems (such as PSPs, Venues, or identity providers). Description: These third-party systems operate independently and outside of Tappy’s control.
16. GENERAL PROVISIONS
16.1 Force Majeure Definition: Tappy is not liable for failure to perform due to events beyond its control. Description: Examples include natural disasters, government actions, or network outages.
16.2 Fee Amendments Definition: Fees may change without prior notice. Description: Changes reflect PSP, acquirer, or regulatory adjustments.
16.3 Severability Definition: If any clause is deemed invalid, the remainder of the Terms will still apply. Description: This ensures continuity and enforceability.
16.4 Assignment Definition: Merchants may not transfer or assign accounts or rights without Tappy’s written consent. Description: This prevents unauthorised or fraudulent use.
16.5 Entire Agreement Definition: These Terms constitute the entire agreement between the parties. Description: All prior agreements or understandings are superseded.
16.6 Non Waiver Definition: Tappy’s failure to enforce any right does not waive future enforcement. Description: Rights remain fully enforceable regardless of historical actions.