Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and LegendTags (Pty) Ltd ("LegendTags", "we", "us", or "our"), governing your use of our QR code payment services, website, and related platforms.

By registering for an account, accessing our website, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

To use LegendTags services, you must:

• Be at least 18 years of age
• Be a resident or business operating in South Africa
• Have the legal capacity to enter into binding contracts
• Provide accurate, complete, and current information
• Not be prohibited from using our services under South African law

3. Account Registration and Security

3.1 Account Creation

To use our services, you must create an account by providing:

• Full legal name
• Valid mobile number or email address
• Secure password
• Bank account details for disbursements

3.2 Account Security

You are responsible for:

• Maintaining confidentiality of login credentials
• All activity under your account
• Notifying us of any unauthorised access
• Using a strong, unique password

3.3 Account Verification

We may require identity verification, including:

• Government-issued ID
• Proof of address
• Bank account verification
• Business registration documents (if applicable)

4. Services Provided

LegendTags provides:

• QR Code Generation for payments
• Payment Processing (card, Apple Pay, Google Pay, etc.)
• Transaction Dashboard and reporting
• Fund Disbursement to your bank account
• Customer Support services

5. Fees and Pricing

5.1 Account Fees

• Registration: Free
• Monthly Subscription: No monthly fees for standard accounts

5.2 Transaction Fees

LegendTags charges the following fees:

• Standard Transactions: 3.5% + R2.30 per transaction
• Payout Fees (Non-Bank Account / eWallet withdrawals):
  • R5 per R100 withdrawn
  • Thereafter, an additional R3 per R100 within the same transaction

Examples:

• R100 withdrawal → R5 fee
• R200 withdrawal → R8 fee
• R300 withdrawal → R11 fee

Fees are displayed at the time of transaction. LegendTags reserves the right to update fees with prior notice.

5.3 Chargebacks and Refunds

In the event of chargebacks or disputes, you may be liable for:

• The full transaction amount
• Chargeback processing fees
• Any associated costs

6. Payment Processing

6.1 Transaction Settlement

Payments are typically processed within 1–3 business days. Settlement times may vary depending on banking partner schedules. LegendTags reserves the right to hold or delay funds where necessary for security, fraud prevention, or regulatory compliance purposes.

6.2 Payment Disputes

If a customer disputes a charge:

• You will be notified promptly
• You must provide supporting documentation within 7 days
• Funds may be held pending resolution
• Final decisions are subject to applicable card network rules

7. Prohibited Activities

You agree NOT to:

• Use our services for illegal activities or prohibited goods or services
• Process payments for illegal drugs, weapons, adult content, gambling (without proper licensing), counterfeit goods, stolen property, or money laundering
• Manipulate or attempt to circumvent our fee structure
• Share, transfer, or sell your account access
• Reverse engineer, exploit, or interfere with the platform
• Submit false, misleading, or fraudulent transactions
• Harass, abuse, or threaten our support staff
• Violate any applicable local, provincial, or national laws

8. Compliance and Regulations

You agree to:

• Comply with all applicable South African financial regulations
• Maintain proper tax records and report income as required
• Adhere to the Financial Intelligence Centre Act (FICA)
• Follow applicable card network rules (including Visa and Mastercard)
• Comply with the Protection of Personal Information Act (POPIA)
• Comply with the Consumer Protection Act (CPA), 68 of 2008
• Comply with the Electronic Communications and Transactions Act (ECTA), 25 of 2002
• Comply with the National Credit Act (NCA), 34 of 2005 (where applicable)

8A. Consumer Protection Act (CPA) Compliance

LegendTags is committed to full compliance with the Consumer Protection Act, 68 of 2008. As a user of our platform, you are also required to ensure your activities comply with the CPA when transacting with consumers. The following rights and obligations apply:

8A.1 Your Rights as a Consumer

• Right to Equality: You have the right to be treated fairly and without discrimination in accessing our services.
• Right to Privacy: Your personal information is protected in accordance with POPIA and our Privacy Policy.
• Right to Choose: You may cancel services and close your account as set out in Section 12 of these Terms.
• Right to Disclosure: You are entitled to clear, accurate, and timely information about our services, fees, and terms before agreeing to them.
• Right to Fair and Responsible Marketing: We will not use misleading, deceptive, or unconscionable marketing practices.
• Right to Fair and Honest Dealing: We will not engage in conduct that is unfair, unreasonable, or unjust.
• Right to Fair, Just, and Reasonable Terms: All terms in this agreement are intended to be fair and comply with the CPA.
• Right to Quality Service: We will deliver services with reasonable care and skill and address failures promptly.

8A.2 Cooling-Off Period

In accordance with the CPA, if you entered into this agreement as a result of direct marketing, you have the right to cancel the agreement without reason or penalty within 5 business days of entering into the agreement or receiving goods or services, whichever occurs last.

To exercise this right, contact: Contact Us

8A.3 Complaints and Remedies

If you believe LegendTags has failed to meet its obligations under the CPA, you may:

• Contact us directly at Contact Us to resolve the matter informally.
• Lodge a complaint with the National Consumer Commission (NCC) at www.thencc.gov.za.
• Refer the matter to the Consumer Goods and Services Ombud (CGSO) or another applicable ombud.
• Approach the National Consumer Tribunal for adjudication.

8A.4 Supplier Obligations (If You Use LegendTags to Sell to Consumers)

If you use LegendTags as a payment platform to transact with consumers, you are acting as a "supplier" under the CPA and must independently comply with the Act, including:

• Providing accurate descriptions of goods and services.
• Honouring advertised prices and promotions.
• Not engaging in misleading, unconscionable, or discriminatory conduct.
• Honouring the consumer's right to return defective goods within applicable time periods.
• Maintaining a fair returns and refunds process.

LegendTags is not responsible for your compliance with the CPA in your capacity as a supplier. Any disputes between you and your customers arising from CPA obligations are your sole responsibility.

9. Intellectual Property

9.1 Our Rights

All content, logos, trademarks, systems, and technology on the LegendTags platform are owned by LegendTags or its licensors and are protected by applicable intellectual property laws.

You may not:

• Copy, reproduce, modify, or distribute any of our intellectual property
• Use our branding, trademarks, or logos without prior written consent
• Claim ownership of any part of our technology, platform, or content

9.2 Your Content

By uploading or submitting any content to the platform, including business names, logos, or product information, you grant LegendTags a non-exclusive, royalty-free licence to:

• Display your content on QR codes, payment pages, and related services
• Store and process your data for the purpose of providing our services
• Use anonymised data for analytics, reporting, and service improvement

10. Limitation of Liability

To the maximum extent permitted by law:

• LegendTags services are provided on an "as is" and "as available" basis, without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability is limited to the total fees paid by you to LegendTags in the 12 months preceding the claim
• We are not responsible for failures or disruptions caused by third-party providers, including banks, payment networks, or internet service providers
• We do not guarantee uninterrupted, secure, or error-free operation of the platform

11. Indemnification

You agree to indemnify, defend, and hold harmless LegendTags, its directors, employees, and affiliates from any claims, damages, losses, or expenses arising from:

• Your breach of these Terms
• Your violation of any applicable laws or regulations
• Any disputes between you and your customers
• Your negligence, misconduct, or misuse of the platform
• Unauthorised use of your account

12. Account Suspension and Termination

12.1 Our Right to Suspend or Terminate

We may suspend or terminate your account, without prior notice where necessary, if:

• You breach these Terms
• Suspicious or fraudulent activity is detected
• You fail required verification processes
• You incur excessive chargebacks or disputes
• Required by law, regulation, or a competent authority

12.2 Your Right to Terminate

You may close your account at any time by:

• Contacting our support team at Contact Us
• Ensuring all pending transactions are resolved
• Withdrawing any remaining balance

12.3 Effect of Termination

Upon termination:

• Your QR codes will be deactivated
• Access to your account and dashboard will be removed
• Any outstanding balances will be settled within up to 90 days, subject to applicable holds
• We may retain certain information where required by law or regulatory obligations

13. Dispute Resolution

13.1 Informal Resolution

Before initiating legal proceedings, you agree to contact us at Contact Us. We will attempt to resolve the matter promptly and in good faith.

13.2 Arbitration

Any disputes that cannot be resolved informally will be referred to binding arbitration in South Africa, in accordance with the Arbitration Act, 1965.

13.3 Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any legal proceedings must be instituted in the courts of South Africa.

14. Changes to Terms

LegendTags reserves the right to update these Terms from time to time. Changes will be communicated via:

• Email notification to your registered address
• Prominent notice on our website or platform
• In-platform notification (where applicable)

Continued use of the platform after such updates constitutes acceptance of the revised Terms. Material changes will take effect no sooner than 30 days after notification.

15. Force Majeure

LegendTags shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including:

• Natural disasters (such as floods, earthquakes, or fires)
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Internet or telecommunications failures
• Banking system disruptions
• Pandemics or public health emergencies

16. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, Consumer Protection Statement, and Acceptable Use Policy, constitute the entire agreement between you and LegendTags (Pty) Ltd regarding your use of our services and supersede any prior agreements or understandings.

18. Contact Information

For any questions regarding these Terms, please contact:

19. Acknowledgment

20. Acceptable Use Policy

20.1 Purpose

This section defines the acceptable use of LegendTags systems, data, and technology resources to ensure security, integrity, and compliance with applicable laws and internal standards. It is intended to protect LegendTags, its users, and third parties from misuse, unauthorised access, and security risks.

20.2 Scope

This policy applies to all individuals who access or use LegendTags systems or information, including:

• Directors and executive management
• Employees (full-time, part-time, and temporary)
• Contractors, consultants, and third-party service providers
• Any other individual granted access to LegendTags systems or data

This policy applies to all LegendTags systems, platforms, networks, devices, and data, whether accessed on-site or remotely.

20.3 Acceptable Use

All users of LegendTags systems and resources must:

• Access systems only for legitimate and authorised business purposes
• Maintain the confidentiality of all business, customer, and personal information
• Comply with all applicable South African laws and regulations, including POPIA and FICA
• Use systems responsibly and avoid misuse or abuse of resources
• Protect login credentials and not permit access by any other individual
• Report any suspected security risks, incidents, or policy breaches promptly

20.4 Prohibited Activities

The following activities are strictly prohibited:

• Unauthorised Access: Accessing systems, accounts, or data without proper authorisation
• Credential Sharing: Sharing login credentials, passwords, or access tokens
• Data Misuse: Using, copying, or transmitting data outside the scope of authorised use
• Malicious Software: Introducing viruses, malware, ransomware, or any harmful code
• Illegal Activities: Using systems in violation of any applicable laws
• Unethical Conduct: Engaging in fraudulent, deceptive, or harmful activities
• Circumventing Security: Attempting to bypass or disable security controls
• Unauthorised Disclosure: Sharing confidential or sensitive information without permission
• System Interference: Disrupting or impairing system performance or availability

20.5 Access Control

Access to LegendTags systems is managed on a role-based and need-to-know basis:

• Access rights are granted according to an individual's role and responsibilities
• Users must not attempt to access systems or data beyond their authorised scope
• Users are responsible for safeguarding their login credentials at all times
• Access must not be shared, transferred, or delegated
• Access rights are reviewed periodically and revoked when no longer required

20.6 Data Protection

All personal and business data must be handled in accordance with applicable data protection laws, including POPIA:

• Personal data must only be collected, stored, and used for legitimate purposes
• Sensitive information, including financial data and identity information, must not be disclosed without proper authorisation
• Data must be stored securely and not transmitted via unsecured channels
• Any suspected or actual data breach must be reported immediately in accordance with internal procedures

20.7 Monitoring

LegendTags reserves the right to monitor the use of its systems, platforms, and data to:

• Ensure compliance with this policy and applicable laws
• Detect and investigate misuse, fraud, or security incidents
• Protect the integrity, availability, and confidentiality of systems and data

By using LegendTags systems, users acknowledge and consent to such monitoring, subject to applicable privacy laws.

20.8 Reporting

Any suspected misuse, policy violation, security incident, or concern must be reported immediately.

20.9 Enforcement

Violation of this Acceptable Use Policy may result in one or more of the following actions:

• Formal warning or disciplinary action
• Suspension or permanent revocation of system access
• Termination of employment, contract, or business relationship
• Civil or criminal legal action where applicable
• Reporting to relevant regulatory or law enforcement authorities