TERMS AND CONDITIONS OF THE ABSA MASTERPASS SERVICE

Masterpass is a digital wallet service (Absa Masterpass Service or Masterpass) offered by Absa Bank Limited and Mastercard (weusour or ours) that stores your selected payment and shipping information in one convenient and secure place (Masterpass Wallet). That information is then transmitted at your request to merchants that display the Masterpass acceptance mark (eg Buy with Masterpass) physically at their store, on their website, mobile site, electronic bill or smart device application (each, a Masterpass Merchant).

These terms and conditions (Terms) apply to you individually and your use of the Absa Masterpass Service. 

These Terms apply to all users of the Absa Masterpass Service (you, yours or your). Please read these Terms carefully as they contain exclusions and limitations of our liability that affect you and they impose legally binding obligations on you. It is your sole responsibility to determine whether the Absa Masterpass Service is suitable and adequate for your needs. You assume all risks associated with your use of the Absa Masterpass Service.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT REGISTER FOR A MASTERPASS WALLET OR USE THE ABSA MASTERPASS SERVICE.

By clicking “accept”, “proceed”, “continue”, or by using the Absa Masterpass Service, you agree to these Terms and represent and warrant that you are at least 18 years of age, capable of entering into a legally binding agreement and that you are the primary cardholder in respect of all the Cards that are linked to the Masterpass Wallet. You may use the Absa Masterpass Service only on your own behalf.

General

We have defined some words in these Terms. These words will begin with a capital letter where indicated. Singular words include the plural and the other way around.

Any references to legislation, rules or regulations will refer to the same as are amended from time to time.

Important clauses which may limit our responsibility or involve some risk for you will be in bold and italics. You must pay special attention to these clauses.

You agree that you will not use the Absa Masterpass Service in contravention of any applicable laws, regulations and/or these Terms.

The Terms and the relationship between us shall be governed by the laws of the Republic of South Africa and in particular the rules and regulations for Authenticated Mobile Transactions (AMT) as stipulated by the Payments Association of South Africa.

These Terms apply together with the respective current version of the terms and conditions of the website www.absa.co.za, including the privacy and security statement, and any other relevant terms, conditions and disclaimers that are incorporated by reference into these Terms.

If any clause in these Terms is invalid, illegal or unenforceable, it will not affect the validity, legality or enforceability of the remaining clauses of these Terms.

If we fail to exercise or enforce any right or provision of the Terms, it shall not constitute a waiver of such right or provision.

Variation

We may update these Terms at any time, upon written notice to you. Your continued use of the Absa Masterpass Service will be deemed an acceptance of the Terms.

Registering for the Absa Masterpass Service

To register for a Masterpass Wallet you will first need to download the App from the relevant App Store onto your Device (eg your cell phone.) During the registration process you will be asked to provide the following:

You can change your Masterpass Password as often as you want by logging into the App.

If you have more than one Card registered to your Masterpass Wallet, you can choose which Card to use when making a purchase, either by using your “default” Card (being the Card you have chosen as your default payment option) or by selecting another Card at the time of purchase.

You are solely responsible for maintaining up-to-date and accurate information pertaining to your Masterpass Wallet, including without limitation all Payment Information. We are not responsible for incorrect and/or invalid information given by you or any loss suffered as a result thereof.

Use of the Absa Masterpass Service

You will not use or access the Absa Masterpass Service carelessly or negligently.

You should only use the latest version of the App. The App Store will notify you of any updates or upgrades that are available to you. If you do not install the latest version, the App may not work correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances.

You may only use the App on the Device with which you registered for the Absa Masterpass Service. All uses of the App are subject to the terms of the App Store where you downloaded the App.

You are solely responsible for ensuring your use of Masterpass complies with the terms and conditions that govern your Cards that you store in and use through your Masterpass Wallet. Nothing in these Terms overrides the terms and conditions on your Card as agreed with the Bank/ Absa Issuer and it is your responsibility to comply with such agreement.

If you have any issues regarding any of your Cards then you must contact your Issuer directly.

Transacting with a Masterpass Merchant

When you click on the Buy with Masterpass button (or other prompter) at a Masterpass Merchant, the Payment Information that you have registered in your Masterpass Wallet will be used to process your Transaction.

Each Transaction is subject to the Masterpass Merchant's specific terms and conditions, and is a contractual relationship directly between you and the relevant Masterpass Merchant. Our inclusion of a Masterpass Merchant in Masterpass does not constitute any approval, endorsement or warranty by us of such Masterpass Merchant or the products or services offered by them. The Masterpass wallet is merely a payment mechanism.

You must check that your purchase is correct, not only with regards to the contents of your purchase but also with regards to the details of the Masterpass Merchant. We will process your instruction to debit your Card for the particular Transaction in real time. Once you submit your Transaction it cannot be reversed. We may debit your card with all Transactions presented to us unless it can be proved that you did not authorize the Transaction.

A dispute between yourself and the Masterpass Merchant will not give you the right to instruct Mastercard and/or Absa to not pay the Masterpass Merchant or to charge back a payment already made.

We are not responsible for any loss you suffer if you enter the incorrect details for your Transaction.

We are not responsible for any loss or damage you suffer because you repeated a purchase and we repeated the debit.

Fees and Costs

While the Absa Masterpass Service is currently available free of charge, we may in the future charge for it (or additional features or functionality) at any time, in our sole discretion. We will give you at least 20 business days’ notice before we implement a change to the fees.

Standard data costs will be charged when you download the App and every time when you access the App. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.

You are responsible for all charges and debits to your Cards that result from Transactions, including any fees charged by the relevant Issuer.

Keeping your Masterpass Wallet Secure

You are responsible for keeping your Password and PIN secure and for all activities that occur through your Masterpass Wallet, including the activities of others and regardless of whether such activities are authorised.

If you do not, you give up any claim you may have for any loss or damage you may suffer because you have not kept them safe. After your Password and/or PIN have been entered, we will assume that any instruction is genuine. If someone else uses your Password and/or PIN, we may carry out an instruction as if you authorised it. You may also be held liable for any losses incurred by any other party due to someone else using your Masterpass Wallet or Payment Information.

We will never ask you to enter your PIN and/or the last three digits of the number printed on the signature strip on the back of your Card (card verification value, or card validation code) on any device other than the Device with which you registered for the App.

If your Device is lost or stolen, or is no longer in your possession, you may simply register again for the App on a new Device. It is in your best interests however to change your Password and/or PIN if you believe they have been compromised in any way whatsoever. Neither we nor any of our service providers will be liable for any loss or damages of any kind that may arise as a result of the unauthorized use of your Masterpass Wallet or any Payment Information, either with or without your knowledge.

All uses of the App are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

Transaction disputes

If you have any disputes with respect to any Transaction made via the Absa Masterpass Service, you must contact the Masterpass Merchant with which you entered into the Transaction.

Processing your Personal Information

In order to provide the Absa Masterpass Service and to improve on the services you receive from us, we may Process your Personal Information, including without limitation:

We Process the above information for the following purposes:

We will keep your Personal Information only to enable us to use it for the purposes described in these Terms.

We reserve the right to monitor your usage of the App to ensure compliance with the Terms.

You acknowledge that:

Disclosure of Personal Information

We will treat your Personal Information as confidential and shall not disclose your information to third parties, except as permitted under these Terms or where we are legally compelled to do so.

You acknowledge and consent that we may disclose your Personal Information under the following circumstances:

Processing and disclosure of non-personal information

We also process information from you that does not identify you as an individual. We may Process and disclose such information for any purpose.

You acknowledge that we own and retain all rights to non-personal statistical information collected and compiled by us.

Marketing by telephone, post, email or text messages

We may also use your Personal Information to inform you about products, services, and special offers from us or other companies that may interest you. We will do this by telephone, post, e-mail, text message or any other medium. If you decide that you do not want us to do this, you can contact us, and we will stop.

Third Party Sites

Third Party Sites are included only for your convenience and do not constitute any approval, endorsement or warranty by us. When you click on a link to or in a popup of a Third Party Site, you will leave the services controlled by Absa Masterpass. Any Personal Information you submit after you leave Absa Masterpass will not be collected or controlled by us. It will be subject to the privacy notice or terms of use applicable to the Third Party Site. It is your responsibility to review those policies before submitting your information to the Third Party Site and you provide your information at your own risk. You indemnify us from any and all losses and/or damages you incur as a result of your access to or use of any Third Party Site.

 You agree that we are not liable for any of the following:

Indemnity

In addition to what is said elsewhere in these Terms, unless we acted with gross negligence or intent, you agree to indemnify and hold harmless us and our business partners, their officers, employees, representatives and affiliates from and against any and all direct, indirect, incidental, special, punitive or consequential losses, claims, liabilities, damages, losses, fines, penalties and expenses (including, but not limited to, legal and other professional fees) arising from or in any way related to:

Disclaimer

Masterpass is provided “as is” and with all faults. We disclaim all warranties, express and implied, including, but not limited to:

You specifically agree to accept the Masterpass in and subject to the above conditions and acknowledge that we do not have any control over whether all your Transactions with a particular Masterpass Merchant will be completed or whether the Issuer will authorise the Transactions that you initiate.

Limitation of Liability

We are not and shall not be liable to you for any direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any personal injury, property damage, loss of use, penalties, fines, loss of business, economic loss, loss of data, or loss of profits arising out of or in connection with:

This clause does not exclude or limit any liability which, by law, is not capable of exclusion or limitation. Our maximum liability in respect of the Terms is nevertheless limited to the fees you actually paid for Masterpass.

Rights of the App Store

You acknowledge and agree that:

Termination and Suspension

You may deregister from using the Absa Masterpass Service at any time.

We may immediately terminate or suspend your use of the Absa Masterpass Service at any time without notice. This may include, without limitation, if:

Where we terminate your use of the Absa Masterpass Service, all rights granted to you in respect of the Absa Masterpass Service will cease immediately.

Intellectual Property

All Intellectual Property rights used in connection with the Absa Masterpass Service, or contained in documents (in electronic form or otherwise) relating to the Absa Masterpass Service belong to us and/or our licensors (and licensees). You do not have any Intellectual Property rights in Absa Masterpass, or in any improvements or variations that may be made to them.

We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the Absa Masterpass Service, which may include updates and/or upgrades, only for purposes outlined in these Terms and for no other purposes. You will be asked to accept any additional terms through the App when they apply to you. The App is licenced to you only and you will not grant any rights of use or any other rights in respect of the App or any Intellectual Property Rights in it to any other person.

You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Absa Masterpass Service, its contents, including any Intellectual Property therein, its design, any updates to the App and/or any proprietary features in relation to it, or any parts thereof. This prohibition extends to any and all Third Party Sites that is found on the App and/or any content featured on the Third Party Sites which are accessed through links that are found on the App. 

You acknowledge that you will not:

You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of Masterpass, the App, the content thereon and/or any other Intellectual Property rights flowing from them.

Nothing contained in these Terms or Masterpass shall be construed as granting by implication or otherwise, any license or right to use any Intellectual Property without the written permission of Absa or Mastercard or such party that may own the trademark.

Mastercard, Masterpass and the Mastercard brand mark are registered trademarks of Mastercard.

Any breach under this clause entitles us, in addition to our normal common law remedies, to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.

Address for Notices and Legal Proceedings

We choose the registered address at Absa Head Office Campus, 15 Troye Street, Johannesburg 2001 as the address where any legal document or notice must be served or delivered to us.

We will send any legal documents or notices to you at the address we have for you on our records.

We may send any other written communication to your street, postal or e-mail address, or through the App message system. We will regard a communication sent by e-mail as having been received by you one day after it was sent.

Any legal document of notice to be served in legal proceedings must be written on paper. The relevant provisions of the Electronic Communications and Transactions Act 35 of 2002 do not apply to these legal documents or notices.

How to Contact Us

If you have any queries or complaints about the Masterpass™ from Absa Service you may visit our website at www.absa.co.za or call our call centre on 0860008600. If you have any questions about a product or service you must call the Masterpass Merchant directly

We are a member of the Banking Association of South Africa. If we do not solve your problem, or if you are not happy with the way your problem was solved then you may contact the Ombudsman for Banking Services at:

Definitions

In these Terms the words: