Terms and conditions
1. Definitions
“ATM” means Ama Top-up Manje a subsidiary of ZB Financial (Pty) Ltd, a private company, (Registration No. 2010/020539/07), registered in the Republic of South Africa and a registered credit provider with NCR Reg. No: NCRCP10779 (which may also be referred to as “Us, Our, We”) and which for purposes of any disclaimer and for indemnity includes its directors, shareholders, employees, subcontractors and/or agents and successors-in-title;
1.2 “ECT Act” means the Electronic Communications and Transactions Act 2002;
1.3 “Website” means www.amatopup.co.za;
1.4 “User/s” means any person accessing any part of this Website and may also be referred to as “You, Your or Yourself”.
2. Acceptance of Terms
2.1 By accessing and using the Website, You agree to be bound by these Terms. The Terms become
effective when You access the Website for the first time and constitute a binding agreement
between ATM and Yourself.
2.2 ATM may at any time withdraw, deny access to or modify any of the Terms, Website, web
service, database, pricing, documentation without prior notice. Such modification will supersede and
replace any previous versions. The amended Terms will be made available on the Website. Each time
you access the Website and continue to use it after having seen these terms of use. You agree to be
bound by the Terms, as they have changed.
2.3 If You do not accept these Terms, please do not continue to use this Website.
2.4 Please note that the Terms stated in this document refer to the use by You of this Website and
are not related to any commercial agreement concluded between You and ATM or any other third
party pursuant to the use of this Website.
3. Content of the Website
While ATM makes every effort to update the information provided on the Website on a regular
basis, ATM makes no representations or warranties, whether express, implied in law or residual, as
to the accuracy, completeness or reliability of any information, data and/or content on the Website.
4. Use of the website and indemnification
4.1 By accessing the Website, You warrant and represent to ATM that You are legally entitled to do
so.
If You subscribe for any of Our services You warrant and represent that You are legally authorised to
subscribe for such services. You further warrant You will not use the Website, the services or any
information made available or sent to You by Us pursuant to Your use of the Website for any
purpose that is unlawful or prohibited under South African or International law or is in contravention
of the Terms. You hereby indemnify ATM against any loss, liability, damage or expense of whatever
nature which ATM or any third party may suffer which is caused by or attributable to, whether
directly or indirectly, a breach by You of any of the warranties in these Terms.
4.2 You may print pages for Your personal use but no part of this Website may be reproduced or
transmitted for any other purpose.
4.3 This Website is intended to provide general information regarding ATM, Our services, and other
information which may be of interest to You. It is not intended to provide exhaustive treatment of
any subject. The information on this Website including all research, ideas, opinions or other content
is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or
other professional advice or services. Before making any decision or taking any action based, on or in
relation to such research, ideas, opinions or other content which might affect You, You should take
appropriate advice from a suitably qualified person.
5. Collection of anonymous data
5.1 In order to provide the best possible service, this Website uses standard technology to collect
information about the use of this Website. This technology is not able to identify individual Users but
simply allows this Website to collect statistics. This Website utilizes temporary or session cookies
that collect the first level domain name of the User. This means that if the e-mail address is
user@email.com, the cookie will collect the "email.com" part of the address.
5.2 Cookies are small pieces of information sent to the User's browser and stored on the User's hard
drive. Temporary or session cookies expire and are deleted when the browser is closed.
5.3 Cookies by themselves cannot be used to personally identify Users. If necessary Users can alter
the manner in which their browser handles cookies.
6. Third party Information Aggregators
ATM works with reputable service provides to process and aggregate Account Information. ATM
makes no effort to review your Account Information for any purpose, including but not limited to
accuracy, legality or non-infringement.
You consent to your personal information (including Account Information and Security Credentials)
being transferred to third-parties so that we can render the Service to you. We will ensure that all
such authorised service providers have security and privacy policies and procedures providing at
least the same level of protection as our Privacy Policy.
7. Third party links
7.1 From time to time this Website may also include links to other websites. These links are provided
in order to enhance the interest of other featured content and are not intended to signify that ATM
endorses or otherwise has any responsibility for the content of the linked website.
7.2 No endorsement or approval of any third party or their advice, opinions, information, products
or services is expressed or implied by any information on this Website.
7.3 External links may be provided for Your convenience, but they are beyond the control of ATM
and no representation is made as to their content. Use or allowance on any external links provided is
at Your own risk. When visiting external links You must refer to that external Terms of use. No
hypertext links shall be created from any website controlled by You or otherwise to this Website
without the express prior written permission of ATM.
8. Linking this Website to other websites
No third party or unauthorized User may establish a hyperlink, frame, meta tag or similar reference,
whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary
pages.
9. Crawlers and spiders
No person, business or website may use any technology to search and/or gain information from
ATM's Website without its prior written consent.
10. Security
10.1 While all reasonable measures are taken to ensure the security and integrity of information
submitted to this Website, ATM cannot under any circumstances be held liable for any loss or other
damage sustained by a User or Users as a result of the intentional or accidental release of
information by an employee of ATM or any third party.
10.2 ATM is under no legal duty to encrypt any content or communications from and to this Website
and is also under no obligation to provide digital authentication of any page on this Website. Users
are expressly prohibited from delivering any damaging code such as computer viruses to this
Website, whether negligently or otherwise.
10.3 Any User who commits an offence as outlined above and in terms of section 85 to 88 of the ECT
Act will hold ATM harmless and indemnify them against any and all liability, damages and losses that
ATM may suffer as a result thereof. Any User who commits such offence will also be criminally
prosecuted.
11. Copyright and Intellectual Property and Domain Name Use
Copyright and all intellectual property rights and all materials, texts, drawings and data made
available on the Website (collectively "the materials") are owned by ATM, alternatively ATM is the
lawful User thereof, and are protected by both South African and International intellectual property
laws. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale,
publication, broadcast or other circulation or exploitation of such material or any component
thereof will be an infringement of such copyright and other intellectual property rights; save that
You may use the materials or any component thereof for Your own internal purposes and for
purposes of considering and making use of the services offered by ATM. The trademarks, names,
logos and service marks (collectively "trademarks") displayed on this Website are the registered and
unregistered trademarks of ATM. Nothing contained on this Website should be construed as
granting any licence or right to use any trademark without the prior written permission of ATM.
12. Disclosures required by Section 43 of the ECT Act
12.1 Access to the services and content available from this Website is classified as “electronic
transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the
ECT Act and ATM has the duty to disclose the following information:
12.1.1 The full name and legal status of the Website owner: ZB Financial Services (Pty) Ltd;
12.1.2 Street address: 117 4 th Street, Parkmore, Sandton, Johannesburg, Gauteng, South Africa.
12.1.3 Postal address: 117 4 th Street, Parkmore, Sandton, Johannesburg, Gauteng, South Africa.
12.1.4 Physical address for receipt of legal service: 117 4th Street, Parkmore, Sandton,
Johannesburg, Gauteng, South Africa.
12.1.5 Main business: Credit Provider.
13. Warranties, disclaimers and limitation of liability
13.1 Save as set out in the Terms, ATM makes no warranties, representations, statements or
guarantees (whether express, implied in law or residual) regarding the Website and the service/s
and the Website and service/s made available via the Website are provided "as is".
13.2 ATM does not make any warranty or representation that information and service/s advertised
on the Website are appropriate for use in any jurisdiction.
13.3 To the fullest extent possible by law, ATM expressly disclaims all (express or implied)
warranties, including, without limitation, warranties and not infringement, compatibility, security
and accuracy in respect of this Website. We do not warrant that the Website or any software
available for download via the Website is free of viruses or destructive codes.
13.4 ATM shall not be responsible for and disclaims all liability for any loss, liability, damage
(whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be
suffered by You or any third party, as a result of or which may be attributable, directly or indirectly,
to Your access and use of the Website and/or any information contained on or received via the
Website, Your use of the service/s and/or Your reliance on any information offered via the Website
and service/s.
13.5 Without limiting the generality of the aforegoing, neither ATM nor its directors shall be liable
for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the
Website for any reason whatever and/or the failure/delay by any third party service provider to
render any service/s which are necessary to ensure the availability of the Website. You hereby
indemnify ATM or its directors against any loss, liability, damage (whether direct, indirect or
consequential) or expense of any nature whatsoever which may be suffered by You or any third
party as a result of or which may be attributable directly or indirectly to the aforesaid.
13.6 Information transmitted via the internet is susceptible to monitoring and interception. You will
bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or
damage suffered by You as a result of transmitting information to Us.
13.7 Any unsolicited confidential or proprietary information sent to Us via the internet cannot be
guaranteed to remain confidential. If You need to send such information to Us and are concerned
about the security of this information please contact Us and We will advise You of the most
appropriate method of transmission.
13.8 This Website is made available for public viewing on the basis that ATM excludes, to the extent
lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of
this Website or reliance upon the content of this Website.
13.9 Nothing on this Website is intended to be nor should be construed as an offer to enter into a
contractual relationship with You or anyone else, except for these Terms which govern the
relationship between Us in relation to Your use of the Website. The advertising of Our services via
the Website merely constitutes an invitation by ATM for You to contract with it. ATM reserves the
right not to accept and/or comply with any application for any reason whatsoever on notice to You.
Should ATM enter into an agreement with You for the provision of services or otherwise, that
agreement will be governed by the terms and conditions thereof and not by these Terms which
specifically relate to the use of the Website.
14. Interception of Communications
14.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act, 70 of
2002, the User agrees that ATM have the right to intercept, block, filter, delete, read, use and
disclose all communications send or posted by the User to this Website.
14.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent
provided by the User above satisfies the “writing” requirement.
15. Agreement in terms of Section 21 of the ECT Act
The User and ATM agree that:
15.1 the User shall be bound to these Terms and such agreement is concluded in Johannesburg,
Gauteng, South Africa at the time the User accesses the Website for the first time;
15.2 data messages (as defined in the ECT Act) addressed by the User to ATM shall be deemed to
have been created and send by the User from within the geographical boundaries of South Africa;
15.3 data messages addressed by the User to ATM shall only be deemed to have been received by
ATM if ATM responds thereto.
15.4 electronic signatures, encryption and/or authentication are not required for valid electronic
communications between the User and ATM.
15.5 the User agrees and warrants that data messages that are sent to ATM from a computer, IP
address or mobile device normally used by or owned by the User, was sent and / or authorized by
the User personally.
16. Applicable and Governing Law
16.1 This Website is hosted, controlled and operated from the Republic of South Africa and
therefore the South African law enforced by the South African courts governs the use or inability to
use this Website, its content, services and these Terms.
16.2 Your use of this Website and any dispute arising out of the Website is subject to the laws of
South Africa. Any dispute arising out of the use or publication of this Website is subject to the
exclusive jurisdiction of the courts of South Africa.
16.3 ATM will institute legal action to enforce any right or address a breach of these Terms and the
costs incurred to do so will be borne by the User or individual against whom a court order or relief is
sought on the attorney and client scale.
16.4 A certificate signed by the administrator of this Website will serve as prima facie proof of the
date and time on which any transaction was concluded on this Website.
16.5 You are prohibited from making use of the services offered on Our Website if you are not 18
years or older.
17. Alternative Dispute Resolution
All disputes that may arise through the use or accessing of this Website by any User shall be referred
to arbitration in terms of the rules of the Arbitration Foundation of South Africa and the arbitration
will be held in Sandton, Gauteng.
