CAPITEC MASTERPASS SERVICES - MOBILE APPLICATION TERMS AND CONDITIONS

These Mobile Application Terms and Conditions apply to your use of the App and the Capitec Masterpass Services. Please read these terms carefully. All of the clauses are important, but please pay special attention to the clauses that are in bold and italic writing as these clauses may limit our responsibility or involve some risk for you.

INTRODUCTION AND SCOPE
1. Mastercard has developed "Masterpass", which is a digital wallet service offered by Capitec and Mastercard that stores selected payment and shipping information in one secure place ("Masterpass Wallet").
2. These Mobile Application Terms and Conditions ("Terms") are a legal agreement between you and Capitec and apply to all users of the Masterpass Wallet and Capitec Masterpass Services. When a person ("user", "you" or "your") downloads, accesses, creates an account or uses the Masterpass Wallet and Capitec Masterpass Services, you are also agreeing to these Terms.
3. If you do not agree to these Terms, you must not register for a Masterpass Wallet or use the Capitec Masterpass Services. By clicking "activate" or by using the Capitec Masterpass Services you confirm that you agree to be bound by these Terms.
MEANING OF WORDS AND PHRASES
1. Specific meanings (definitions) have been given to some words or phrases in these terms. These words and phrases start with a capital letter. The only defined terms that do not always have a capital letter are the words "you", "your", "we" and "us".
2. A full list of the defined words and phrases and also the meanings we have given them is in paragraph 19. Sometimes the definitions of a word or phrase can also be found in the paragraph where we used the word or phrase. These words or phrases that have been defined will have the same meaning wherever they are used in these Terms.
HOW TO ACCESS AND DOWNLOAD THE APP
1. Devices
  1. To download and access the App, you must have a Device that is able to connect to the internet.
  2. The Device must meet the minimum technical specifications which includes the following operating system requirements:
    1. Handset -
      1. Android handsets (Samsung, Sony, HTC);
      2. iOS Apple handsets (iPhone 4, 4S, 5, 5S, 6, 6Plus, 6S, 6SPlus); or
      3. Windows handsets;
    2. Operating system and version -
      1. Android - Version 2 and above;
      2. iOS - Version 5 and above; or
      3. Windows 8.1 and above;
    3. If the Device is a tablet, it must utilise a SIM card. Alternatively, it must be used coupled with another Device that uses a SIM card via a network, such as WiFi. Network connections via a router or modem, such as ADSL, will not work, as you must be able to receive an SMS.
  3. Certain Devices and operating software may not work with the App due to limitations or constraints specific to the Device or the software. We will not be responsible for your inability to download or access the App due to limitations specific to your Device.
  4. You, at your own cost, are responsible for obtaining and maintaining:
    1. the Devices,
    2. adequate and reliable Internet access from a suitable service provider; and
    3. all telecommunication facilities, services, products and other equipment needed to access the Internet or to download the App ("IT Facilities").
  5. If the Device does not belong to you, you hereby confirm and promise that you have obtained permission from the owner of the Device to download or install the App onto the relevant Device and to use the App subject to these Terms.
  6. We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Device.
2. You must download the App
  1. You must download and install the App on to the Device from the AppStore.
  2. You will only be able to access the Capitec Masterpass Services once you register via the App.
HOW TO REGISTER
1. You must register for a Masterpass Wallet in order to access the Capitec Masterpass Services by completing the electronic registration form which is made available on the App.
2. You must be at least 18 years or older to register for the Capitec Masterpass Services.
  1. As part of the registration process, you will be required to create a Masterpass Wallet profile. You will do this by completing the electronic registration form which will include:
    1. providing us with your name and surname and date of birth;
    2. creating a password;
    3. providing us with all the information we require, including but not limited to a valid email address;
    4. providing us with your Payment Information; and
    5. agreeing to these Terms.
3. All information you give us must be truthful, accurate and complete. This also includes the information (especially the Payment Information) that we request you to provide in the registration process and at any time after that. We are not responsible for incorrect information given by you.
KEEPING YOUR MASTERPASS WALLET SECURE
1. You must keep your password and PIN secret and secure at all times.
2. You are responsible for all use of your Masterpass Wallet and your password.
3. Whenever a person uses the Masterpass Wallet, or performs any other act, with your password or through your Masterpass Wallet, we will treat this as if it was done by you and with your approval.
4. You must take all reasonable and appropriate measures not to share, display in public, or make your password, PIN and Payment Information details available to any person who is not authorised to access your Masterpass Wallet. If you do not, you give up any claim which you may have for any loss or damage you may suffer because you have not kept them safe. After your password and PIN have been entered we will assume that any instruction is genuine. You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your Masterpass Wallet.
5. You must notify us immediately by sending us an email at ClientCare@capitecbank.co.za or contacting us at 086 010 20 43, if you suspect that another person has obtained unauthorised access to your Masterpass Wallet or password, or if you are aware of any unauthorized use of your Masterpass Wallet or password. You will be responsible for changing your privacy settings on your Masterpass Wallet as soon as you become aware of any unauthorised access or use.
6. As far as the law allows, we will not be responsible for any loss or damage you may suffer if any other person uses your password or accesses your Masterpass Wallet or the Capitec Masterpass Services using your Masterpass Wallet, without your approval or consent. You may also be liable for any losses incurred by any other party due to someone else using your Masterpass Wallet or Payment Information.
7. We will never ask you for your PIN, the last 3 (three) digits of the number printed on the signature strip on the back of your Card on any device other than the Device with which you registered for the App.
8. If your Device is stolen or lost, or it is no longer in your possession, you may register again for the App on a new Device. It is in your best interests however to change your password and PIN if you believe that they may have been compromised in any way. Neither Capitec, nor its service providers will be liable for any loss or damages of any kind that may arise as a result of the unauthorised use of your Masterpass Wallet or any Payment Information, either with or without your knowledge.
9. You can change your password as often as you want by logging into the App.
GRANT AND SCOPE OF LICENCE TO USE THE APP
1. Licence
  1. For so long as you comply with these terms, we grant you a personal, non-transferable, non-exclusive, non-sub licensable and revocable licence to download, install and use the object code version App in the Territory on the Device for Transactions with Merchants.
  2. We do not give you any rights or licences to access or use the source code of the App.
  3. The licence to use the App is for your personal and non-commercial use only.
2. Licence and Use Restrictions
  1. We may issue instructions, manuals, guidelines and directives from time to time relating to the use, implementation, operation and security of the App. You must comply with these instructions, manuals, guidelines and directives.
  2. You must notify us immediately if you suspect or discover any actual, threatened or suspected unauthorized use of the App.
  3. Except as expressly set out in these Terms or as permitted by law, you agree:
    1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
    2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
    3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with or become incorporated in, any other programs;
    4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, the technology forming part of the App or the content or attempt to do any such thing;
    5. not to use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously;
    6. not to infringe our Intellectual Property Rights or those of any third party;
    7. not remove any proprietary notices from the App;
    8. not to transmit any Material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
    9. not to introduce any Destructive Code into the App;
    10. not to use the App in a way that could damage, disable, overburden, impair or compromise our systems, IT Facilities. security or interfere with other users;
    11. not to collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the App;
    12. to provide or otherwise make available the App, in whole or in part (including any object code) in any form to any person without prior written consent from us,
      (the "Licence Restrictions").
3. If you modify or attempt to modify your Device in any way or use software that is designed to modify your Device, override, or disable any security features on your Device or its operating system, you acknowledge that you do so at your own risk. There are security features included in the App which are designed to operate with the Device according to the manufacturer's specifications. Modifying the Device or its operating system may also result in the App not working at all.
USING THE CAPITEC MASTERPASS SERVICES
1. You must not use the Capitec Masterpass Services carelessly or negligently.
2. You must ensure that you only use the latest version of the App. The AppStore 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.
3. You must only use the App on the Device with which you registered for the Masterpass Wallet. All users of the App will also be subject to the terms of the AppStore where you downloaded the App.
4. You are solely responsible for ensuring that your use of the Capitec Masterpass Services complies with the terms and conditions that govern your Cards that you store and use through your Masterpass Wallet. Nothing in these Terms override the terms and conditions of your Card as agreed with the Issuer and it is your responsibility to comply with such agreement.
5. If you have any issues regarding any of your Cards, then you must contact your Issuer directly.
TRANSACTING WITH A MERCHANT
1. When you click on the "Pay Now" button or other prompter at a Merchant, the Payment Information that you have registered in your Masterpass Wallet will be used to process your Transaction.
2. Each Transaction is subject to the Merchant's specific terms and conditions, and is a contractual relationship directly between you and the relevant merchant. Our inclusion of a Merchant in the Capitec Masterpass Services does not constitute any approval, endorsement or warranty by us of such Merchant or the products or services offered by them.
3. You must check that the contents of your purchase is correct as well as the details of the Merchant. We will process your instruction to debit your Card for the particular Transaction in real time.
4. Once you submit your Transaction it cannot be reversed. 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 which you may suffer because you repeated a purchase or Transaction.
5. If you have any disputes with respect to any Transaction made via the Capitec Masterpass Services, you must contact your Issuer.
FEES AND COSTS
1. While the Capitec Masterpass Services are currently available free of charge, we may, in the future charge for it (or additional functionality) in our sole discretion. We will notify you prior to imposing any such charges.
2. When you download and access the App, you will be charged standard data charges by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.
3. You are responsible for all charges and fees to your Cards that result from Transactions, including any fees charged by the relevant Issuer.
INTELLECTUAL PROPERTY
1. All Intellectual Property Rights in and to the Capitec Masterpass Services or contained in any documents (in electronic form or otherwise) relating to the Capitec Masterpass Services belong to us and/or our licensors. You do not have any Intellectual Property Rights in the Masterpass Wallet, or in any improvements or variations that may be made to them.
2. The licence granted to you in paragraph 6 are subject to the Licence Restrictions and extends to any Third Party Sites that are found on the App or accessed through links which are found on the App.
3. You acknowledge that you will not:
  1. in any way represent that you have any rights of any nature (including Intellectual Property Rights) in any current and future Intellectual Property belonging to us or any third parties featured on the App;
  2. apply for or obtain registration of our current and future Intellectual Property which may be confusingly similar to in any country;
  3. challenge our rights in our current and future Intellectual Property in any country;
  4. do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our current and future Intellectual Property or the reputation or goodwill associated therewith or with us and/or any third party featured on the App, or which would be expected to jeopardise or invalidate any registration of our current and future Intellectual Property;
  5. use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta tags, email addresses, server names or search engine markers anything that is identical to, contained in whole or part, or is otherwise confusingly similar to our current and future Intellectual Property in any country;
  6. establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the App without our prior written consent.
4. You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the Capitec Masterpass Services, the App, the contents therein or any other Intellectual Property Rights flowing from them.
5. Nothing contained in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property without the express permission of Capitec or Mastercard or such party that may own the trademark.
6. Mastercard, Masterpass and the Mastercard brand mark are registered trademarks of Mastercard.
7. Any breach of this clause 11 entitles us, in addition to our other remedies available in law, to take legal action against you without prior written notice and you agree to reimburse the costs associated with such legal action on an attorney and own client scale.
TERMINATION AND SUSPENSION
1. Suspension
  1. In addition to any other rights and remedies we may have in terms of these Terms or in law, we are entitled (but not obliged) to temporarily suspend all or part of the App or to suspend or terminate your right to access and use the App where we:
    1. need to perform maintenance on, upgrades or updates to, the App or any of the systems, software, technology or other IT Facilities that we use to provide the App or the Capitec Masterpass Services;
    2. have reasonable grounds to believe that you are using the App recklessly, with gross negligence or with the intention to defraud or for fraudulent purposes;
    3. have reasonable grounds to believe that you are engaging in any actual or suspected or threatened breach of the Licence Restrictions;
    4. become aware of any actual, threatened or suspected unauthorised use of the App, your Device, or PIN;
    5. reasonably suspect that we are exposed to any risk through your use of the App and/or the Capitec Masterpass Services;
    6. reasonably suspect that you are attempting to compromise or interfere with the Capitec Masterpass Services system;
    7. reasonably believe that the security of your Devices or the IT Facilities used to provide the App may be compromised;
    8. become aware of any information provided by you that is false, inaccurate, invalid, incomplete or misleading;
    9. must do so to comply with the law; or
    10. a court or regulator tells us to do this.
  2. The suspension will continue for so long as we reasonably believe is appropriate.
  3. We will notify you if we suspend part or all of the App or your use of the Capitec Masterpass Services where it is reasonably practical to do so
  4. Without limiting our other rights and remedies in terms of these Terms or in law, if we exercise our suspension rights we will restore access to and use of the App as soon as reasonably practical after we become satisfied that the cause of suspension has been removed, avoided or completely mitigated.
2. Termination
  1. You may deregister from using the Capitec Masterpass Services at any time.
  2. We reserve the right at any time and for any reason to terminate these Terms, the operation of the App and your right to use the App on [10] (ten) days prior written notice unless termination is required by law or it is reasonable to give less than 10 (ten) days, having regard to the reasons why we are taking these actions.
  3. We may immediately terminate these Terms and your use of the App and Capitec Masterpass Services without notice:
    1. if you commit a material breach of any of these Terms;
    2. if you breach any of the Licence Restrictions;
    3. if you attempt to use the App outside of the Territory;
    4. where we must do so to comply with law or to avoid breaching another person's rights; or
    5. where a court or regulator tells us to do so.
3. Consequences of termination
  Where we terminate your use of the Masterpass Wallet for any reason, all rights granted to you in respect of the Capitec Masterpass Services will cease immediately.
INDEMNITITES
1. As far as the law allows, you indemnify us and agree to hold us, our Affiliates, Mastercard and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
  1. your use of the Capitec Masterpass Services;
  2. your breach of these Terms or any applicable law'
  3. your negligence or wilful misconduct;
  4. you infringing or misusing any person's rights, including Intellectual Property Rights;
  5. you performing any of the Licence Restrictions; or
  6. any deliberate or unlawful act that you commit or a failure to act;
DISCLAIMERS AND LIMITATIONS OF LIABILITY
1. Disclaimer of warranties
  1. As far as the law allows, the App and Capitec Masterpass Services are provided to you on an "as is" and "as available" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).
  2. As far as the law allows, we make no representations and give no warranties regarding (i) the operation, integrity, compatibility, availability or functionality of the App, or (ii) that the App and/or Capitec Masterpass Services will:
    1. be available or accessible at all times;
    2. be uninterrupted, timely, error-free, secure or free from Destructive Code; or
    3. meet your individual requirements.
  3. You specifically acknowledge that we have no control over whether all your Transaction with a particular Merchant will be completed and whether the Issuer will authorise the Transactions you initiate through the App.
2. Limitation of liability
  1. As far as the law allows, neither Capitec nor Mastercard will be responsible to you (and we disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from:
    1. any interruption or cessation of transmission to or from the App, or technology used by you or us to download, provide or receive the App or the Capitec Masterpass Services;
    2. any Destructive Code which may be transmitted to or through the App and/or the Capitec Masterpass Services
    3. any defect, fault, malfunction and/or delay in your Device, or your IT Facilities, hardware and/or software;
    4. any defect, failure, fault and/or delay in connectivity to the Internet;
    5. any lost data arising out of the installation or use of the App;
    6. the use of the App in combination with any Third Party Site;
    7. someone finding out your password and/or your PIN;
    8. any disputed Transaction (including any errors in the description of the products and services that are offered or the actions of a Merchant);
    9. any event that we have no control over, such as you having sufficient funds on your Card, your network's coverage or availability of your Device's capacity or capability; and
    10. any unauthorised access to or use of our IT Facilities and/or any and all Personal Information stored therein.
      whether based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such loss, liability, injury or damages.
NOTICES
1. Any notices sent to us under these Terms, including legal notices, must be delivered to us at any one of the following addresses:
  1. By hand or post: 1 Quantum Street, Techno Park, Stellenbosch, 7600
  2. By email: (i) ClientCare@capitecbank.co.za; or
    (ii) ComplaintManagement@capitecbank.co.za.
2. These addresses are known in law as our domicilium citandi et executandi.
3. Any notices we send to you under these Terms, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about. If you change addresses but do not tell us you agree that you will accept notices, including legal notices, at the address which you provided at registration.
4. If you chose email as your preferred method of communication at registration, you agree that we may deliver notices, including legal notices, to your email address.
5. These addresses are known in law as your domicilium citandi et executandi
6. As far as the law allows, we both agree that any notice delivered under this Agreement is treated as being received:
  1. on the date of delivery, if delivered by hand to the physical address;
  2. 10 days after posting, if sent by ordinary mail to a postal address;
  3. on the first business day after sending an email;
  4. at 09h00 on the first business day after sending a SMS to your mobile number.
7. We have the right to send you notices about the following issues by SMS or email or through the App:
  1. notices that we intend to suspend or terminate your use of the Capitec Masterpass Services or your use of the App; and
  2. notices that we have amended or updated any part of these Terms.
8. You may not unsubscribe to receive notices from us regarding the above information.
9. Direct marketing
  1. We may send you notices from time to time about marketing offers, newsletters or other recommendations or information which we may think will be relevant or interesting to you.
  2. You may unsubscribe from these communications at any time, by following the unsubscribe link in the communication.
  3. You can also contact us on the details provided in paragraph 16 for assistance in unsubscribing from marketing communications.
CONSUMER PROTECTION ACT, ECT ACT AND OTHER LAWS
1. If these Terms or the Capitec Masterpass Services provided and/or made available on the App is regulated by or subject to the Consumer Protection Act, the ECT Act or other laws it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, the ECT Act or 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 Consumer Protection Act, the ECT Act or 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), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
3. The Processing of your Personal Information is explained and shall be governed by the Privacy Notice located at https://www.capitecbank.co.za/terms-of-use (under heading 7: Privacy Notice - mobile payment applications).
SUPPORT
1. Should you experience any technical difficulties with any aspect of the App or Capitec Masterpass Services you may contact our technical support team on 0860 10 20 43 or send us an email at ClientCare@capitecbank.co.za.
2. If you have any questions about a product or service, you must call the Merchant directly.
3. We are a member of the Banking Association of South Africa. If we do not solve your problem or you are not satisfied with the way we have solved your problem, you may contact the Ombudsman for Banking Services at:
  - Telephone: 0860 800 900 or 011 712 1800.
  - Email:info@obssa.co.za
  - Website: www.obssa.co.za
MISCELLANEOUS
1. We may update these Terms from time to time upon written notice to you. Your continued use of the Capitec Masterpass Services and App will be deemed an acceptance to these Terms.
2. These Terms and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you.
3. We may, at any time, transfer, delegate or assign any or all of our rights and obligations under these Terms. We will notify you if we transfer, delegate or assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors, which we may appoint.
4. These Terms shall apply for the benefit of and be binding upon each party's successors and assigns.
5. These 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 and/or 3D Secure transactions as stipulated by the Payment Association of South Africa. As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in Cape Town, South Africa.
6. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
7. These Terms makes up the whole agreement between you and us relating to the license of the App. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the App that is not written in these Terms.
8. Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
DEFINITIONS AND INTERPRETATION
1. In these terms, the following defined words and phrases have the meanings set out below:
  1. "Affiliates" means with respect to any entity, any other entity that Controls, is Controlled by, or is under common Control with such entity;
  2. "App" means the Capitec Masterpass mobile payment application for your Device, through which you can pay for Transactions with Merchants;
  3. "AppStore" means your Device's application store provided by Apple, Blackberry, Microsoft or Google Android as is applicable to you;
  4. "Capitec" means Capitec Bank Limited a bank registered in terms of the Banks Act 94 of 1990 and a company incorporated in the Republic of South Africa with registration number 1980/003695/06 having its registered address at 1 Quantum Street, Techno Park, Stellenbosch, 7600 South Africa;
  5. "Capitec Masterpass Platform" means the Masterpass platform made available by Capitec through the App;
  6. "Capitec Masterpass Services" means the payment processing services provided by Capitec through the Capitec Masterpass Platform;
  7. "Card" means your personal credit, debit and/or cheque card(s) with a PIN and includes prepaid cards;
  8. "Control" shall have the meaning ascribed to it in terms of the Companies Act 71 of 2008;
  9. "Device" means the mobile device which is capable of connecting to the internet that you use to access the App, and may include mobile phones, tablets and any other device;
  10. "Destructive Code" means any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;
  11. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;
  12. "Intellectual Property Rights" means any and all rights, title and interest, any know how (not in the public domain); invention (whether or not patented); design, goodwill, trade name, trade mark (whether or not registered), or any material in which copyright subsists (whether or not registered), and all other identical or similar intellectual property as may exist anywhere in the world and any applications for the registration of such intellectual property;
  13. "Issuer" means the bank or financial institution that issued your Card to you;
  14. "Mastercard" means Mastercard International Incorporated and any of its Affiliates;
  15. "Masterpass" means the mobile payment platform developed by Mastercard known as "Masterpass" and all technical interfaces, application programming interfaces, websites, dashboards and Intellectual Property Rights in and to Masterpass;
  16. "Masterpass Wallet" means the Masterpass digital wallet created by you when you register to use the Capitec Masterpass Services;
  17. "Merchant" means a merchant which you purchase any product or service from and which participates in the Capitec Masterpass Services;
  18. "Payment Information" means you Card number and expiration date, billing information and other information for your card(s), along with your preferred shipping address;
  19. "Personal Information" shall have the meaning set out in the Protection of Personal Information Act 2013;
  20. "PIN" means personal identification number;
  21. "Process" shall have the meaning set out in the Protection of Personal Information Act 2013;
  22. "Territory" means the Republic of South Africa;
  23. "Third Party Sites" means any website or content that belongs to a third party (including a Merchant) that is either featured on the App or is linked to the App;
  24. "Transaction" means any transaction where you purchase any product or service from a Merchant by transmitting your Payment Information through the Capitec Masterpass Platform;
  25. "we", "our", "us" means Capitec and references to "we", "our" or "us" also includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, licensors, service providers and suppliers; and
  26. "you" and "your" means a person who downloads, installs and uses the App or who agrees to these Terms.
2. References to the singular includes the plural and vice versa;
3. Clause headings are for convenience and not to be used in interpreting these terms and conditions.
4. Words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders.
5. The word 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word:
  1. 'including' means 'including but not limited to';
  2. 'include' means 'include but is not limited to'; and
  3. 'includes' means 'includes but is not limited to'
6. Where any number of days is given, those days are counted to exclude the first day but include the last day.