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LegalProduct TermsFiveWest Pay

FiveWest Pay

FiveWest Pay

Last updated: 2025-02-10
  1. General
  1. These Product Terms for the FiveWest Pay shall be supplemental to and is read together with the Terms of Service and Additional Documents. The Product Terms, Terms of Service and Additional Documents constitute a legally binding agreement between you and FiveWest.
  2. This version of the Product Terms for FiveWest Pay shall replace and supersede any previous agreements between us with respect to the FiveWest Pay that may have been accepted, or otherwise made available on, the Site or Portal. By utilising FiveWest Pay, you agree that you have read, understood and accepted the Product Terms and agree to be bound and act in accordance with them.
  3. FiveWest may amend these Terms from time to time without providing any prior notice. Therefore, it is your responsibility to ensure that you regularly check the Site or Portal to determine if the Terms have been updated.
  4. The API Documentation in respect of FiveWest Pay which can be accessed at https://docs.fivewest.co.za/introduction, must be read as if specifically incorporated herein.
  5. FiveWest will do their best to notify you of any changes to the Terms that will materially affect your rights and obligations, however we cannot provide such guarantee.
  6. The continued use of FiveWest Pay after any amendment to the Terms constitutes your acceptance of such Terms as modified by such amendment. If you do not accept the Terms or any amendment thereof, you must immediately stop using the FiveWest Pay and notify FiveWest accordingly.

  1. The Service
  1. FiveWest Pay is a crypto assets payment gateway, which enables Merchants to accept crypto assets from customers as a payment method for goods or services provided by the Merchant.
  2. As part of FiveWest Pay, the Merchant will be provided with the following services:
  1. clearing payments received in crypto assets through FiveWest Pay for the Merchant and crediting the Merchant’s FiveWest Wallet on the Portal, less the Transaction Fee (“Settlement”).
  2. access to the FiveWest Wallet which allows you to utilise other FiveWest Services where you can withdraw, trade or earn yield on the funds at any time;
  3. access to a wide range of supported crypto Assets (including stablecoins) and network which allows the Merchant to customise a variety of user preferences;
  4. provide information about the status of the transaction on the Merchant Platform, including charge statuses of active, inactive or complete;
  5. API Documentation and technical integration support and training;
  6. technical support;
  7. branded QR Codes for point of sale;
  8. branded Market Material to advertise FiveWest Pay and/or the acceptance of crypto assets;
  9. mutual marketing campaigns upon mutual agreement.
  1. FiveWest may improve or amend FiveWest Pay over time and create additional versions of FiveWest Pay which you will have access to.
  2. Supported Network and Currencies
  1. FiveWest Pay supports a wide range of currencies and networks. The Merchant and its customers are responsible for considering transaction speed and fees when selecting a network. The network choice is determined by the crypto asset used, and each network supports only specific coins.
  2. There may be additional blockchain fees, which FiveWest has no control over. This may result in a delay of the payment being cleared.

  1. FiveWest Pay’s supported currencies and networks can be found in the API Documentation and FiveWest reserves the right to remove or add supported currencies and networks at their sole discretion.
  2. FiveWest Pay integrates directly with Binance Pay, VALR Pay and Luno Pay.
  3. At the request of the Merchant, FiveWest may remove certain currencies and networks in order to create a customisable user experience for their customers.
  1. Settlement
  1. The Merchant can receive Settlement in local fiat currency (Rands) or in any of the supported crypto assets (including stablecoins) in the Merchant’s FiveWest Wallet.
  2. Settlement will occur on an instant basis after deduction of the Transaction Fee.
  3. Once settlement is in the Merchant’s FiveWest Wallet, the Merchant shall have access to FiveWest Services where the Merchant will be able to withdraw the funds contained in the Merchant’s FiveWest Wallet in accordance with FiveWest’s Terms of Use and Additional Documentation. The Merchant will be able to:
  1. withdraw the funds contained in its FiveWest Wallet in local currency into their named bank account approved by FiveWest;
  2. withdraw the funds contained in its FiveWest Wallet to a wallet address in the Merchant’s name or under the Merchant’s ownership and control and that is approved by FiveWest;
  3. exchange the funds to a supported fiat currency or crypto asset;
  4. utilise FiveWest Earn in accordance with the Product Terms.

  1. Service Fee
  1. You will be required to pay a Transaction Fee, as agreed upon between you and FiveWest.
  2. The Transaction Fee is calculated at a percentage of the total transaction value per transaction.
  3. FiveWest shall credit the value of each payment accepted by the Merchant and processed by Fivewest, less the Transaction Fee.

  1. Marketing
  1. With your prior approval, we may publish your business name, URL, artwork, text, logo, case studies and other publicly available information (“Content”) about your business in FiveWest Pay promotional materials, marketing channels or directory.
  2. Upon mutual agreement, you and FiveWest may engage in separate marketing campaigns.

  1. Prohibited Use and Business
  1. In connection with your use of FiveWest Pay and your interactions with your customers or other third parties, you agree that you will not engage in the following Prohibited Uses. The list is non-exhaustive and FiveWest reserves the right to modify it at any time. It is within FiveWest’s sole discretion to determine whether an activity falls into one of these categories.
  1. Unlawful Activity: Actions which would violate or would assist in the violation of any law, statute or regulation or any action which would involve the proceeds of any unlawful activity.
  2. Fraud: Actions which operate to defraud FiveWest, your customers or any third parties or any other person.
  1. In addition to the Prohibited Uses, the following categories of businesses, business practices and items for sale are prohibited. This list is non-exhaustive and FiveWest reserves the right to modify it at any time. It is FiveWest’s sole discretion to determine whether an activity falls into a Prohibited Business Category.
  1. Weapons or other explosives that require licensing;
  2. Toxic, flammable and radioactive materials;
  3. Drugs, drugs paraphernalia and pseudo-pharmaceuticals;
  4. Sexually explicit content and services;
  5. Pyramid and investment schemes, multi-level marketing schemes or other unfair, predatory or deceptive practices;
  6. High risk activities and controversial activites that do not align with FiveWest’s risk appetite;
  7. Unethical labour practices;
  8. Unlicensed or unregulated business model.
  1. Additional Conditions
  1. If you engage in any of the following categories of businesses, business practices and items for sales, FiveWest may impose certain restrictions or additional conditions that you must comply with. This list is not exhaustive and FiveWest reserves the right to modify it at any time. It is within FiveWest’s sole discretion to determine whether an activity falls into one of these categories
  1. Gambling and E-Gaming;
  2. Charitable Organisations;
  3. High value goods where transfer of ownership is required.

  1. Limitations
  1. Transactions with FiveWest Pay may be subject to minimum or maximum transaction value limits which will be set by FiveWest from time to time and which can be amended by FiveWest in their sole discretion. If a customer of the Merchant utilises their Luno Wallet, a transaction limit has been set to R100 000.00 per transaction.
  2. FiveWest may limit your access to certain supported wallets or payment methods at its sole discretion.

  1. Operational Incidents
  1. Underpayments occur when a Merchant’s customer sends insufficient funds to fully pay an invoice or order. In such an event, the Merchant will be required to request that the customer complete an additional transaction in terms of the amount still outstanding.
  2. Overpayment occurs when a Merchant’s customer sends funds in excess of the amount needed to fulfill the invoice or order. In such cases, the Merchant will be settled the exact invoice or order amount received by the customer, minus the Transaction Fee.
  3. In the event that the Merchant’s customer requests a refund, the Merchant must handle such refund procedure independently from FiveWest.

  1. Merchant Obligations
  1. The Merchant acknowledges that it must be verified before it may access or use FiveWest Pay in any way.
  2. The Merchant shall not use FiveWest Pay for any illegal or unauthorised purpose or in any manner that could damage or cause risk to FiveWest Pay’s business, reputation, personnel, consumers, facilities or any third party.

  1. Service Availability and Security
  1. While FiveWest will do everything possible to provide continuous and uninterrupted operations, FiveWest does not provide any warranty in relation to FiveWest Pay, the Portal or Site. FiveWest does not guarantee that you will have continuous access or access without interruptions, delays, errors or loss of transmitted information, however FiveWest will continue to strive to provide you seamless access to and the usage of FiveWest Pay, the Portal or Site.
  2. FiveWest cannot guarantee that FiveWest Pay will be available at any particular time or that FiveWest Pay will not be subject to unplanned outages, network congestion, maintenance or system errors.  
  3. FiveWest shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control.

  1. Statements
  1. The Merchant is able to download a statement on the Merchant’s Profile which will detail all transactions flowing through the Merchant’s FiveWest Wallet.
  2. It is the responsibility of the Merchant to review the statement on a regular basis and notify FiveWest in the event there are any inaccuracies.

  1. Intellectual Property and API Documentation
  1. The Intellectual Property of FiveWest shall remain vested in FiveWest.
  2. Intellectual Property means means any creation of the mind that is recognised and/or capable of being protected by law from use by any other person, whether in terms of South African law or foreign intellectual property law, including but not limited to source code, methodologies, specifications and formulae, procedures, processes, plans, data, diagrams, photographs, know-how, marketing and production techniques and designs, models, systems, reports, statements, templates, products, services, software, software tools, utilities, memoranda, reports, prototypes and computer modeling, trade names, the Domain Names, the Software trade secrets, inventions, trade marks, designs, API and API Documentation, copyrightable works, whether registrable, registered or the subject matter of an application for registration or not; and all statutory intellectual property, including all patents, design and trade mark registrations and copyrighted works, owned by Fivewest or used by the Fivewest in connection with its business.
  3. FiveWest grants you a non-exclusive license, limited, non-transferrable, non-sublicensable for the duration of these Terms, or until we suspend or terminate your access to the FiveWest Services, whichever is sooner, to use the FiveWest Intellectual Property, excluding any trademarks, solely as necessary to allow you to receive the FiveWest Services for non-commercial personal or internal business use, in accordance with these Terms. You are prohibited to use FiveWest’s Intellectual Property for resale or commercial purposes and from using FiveWest’s Intellectual Property in any way not expressly authorised by these Terms.
  4. You shall have no right to alter, amend, replicate or otherwise use for commercial gain any of the Intellectual Property belonging to FiveWest without the express prior written consent.
  5. FiveWest does not transfer any rights to or against FiveWest’s Intellectual Property to you or any third party. All the text, graphics, user interfaces, visual interfaces, photos, sounds, processes, API, computer code, programs, software and content is exclusively owned, controlled and/or licensed by FiveWest.
  6. Subject to the provisions of these Terms, FiveWest may provide you the non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable authorisation to use FiveWest’s API in accordance with these Terms.
  7. FiveWest shall provide you with the following support in respect of the API:
  1. notification if there a substantial program change;
  2. shall verify and attempt to correct any such error immediately after the date of notification or discovery in order to prevent or mitigate any potential loss which may occur.
  1. You agree and undertake not to:
  1. use the API in ways other than as specified in these Terms and the Product Terms and associated with the API documentation;
  2. distribute, rent, lease, sell, transfer or sublicense the API;
  3. use the API in any manner or for any purpose that infringes, abuses, misappropriates or otherwise violates any Intellectual Property or other right of FiveWest or is not used for the intended purpose of the API.
  1. You acknowledge and agree that FiveWest is the sole and exclusive owner of all right, title and interest in and to the API and API Documentation including all Intellectual Property rights relating thereto.
  2. In the event that there are errors in the API, you agree to notify FiveWest and undertake to not take advantage of any errors.
  3. The FiveWest API Documentation must be read as if specifically incorporated herein and can be found at https://docs.fivewest.co.za/introduction.

  1. Liability and Indemnity
  1. You acknowledge that FiveWest Pay is offered strictly “as is” and “where available” basis and FiveWest expressly disclaims and you waive all warranties of any kind, whether express or implied.
  2. FiveWest does not warrant that FiveWest Pay:
  1. will operate error-free or without defects or error;
  2. will meet your requirements or will be available, uninterrupted or secure at any particular time or location.
  1. In no event shall FiveWest be responsible or liable to you or any other person or entity for:
  1. any direct or indirect losses, including loss of profits, business or opportunities, damages or costs arising out of or in connection with these Terms, including but not limited to:
  1. any risk identified in the Risk Warning, as updated from time to time;
  2. the operation of the protocols underlying any digital assets, their functionality, security or availability;
  3. any breach of the Terms of Use, Product Terms or Additional Documents;
  4. regular or unscheduled maintenance or system error or failure carried out including any service interruption and change resulting from maintenance or system error;
  5. inability to use or unavailability of FiveWest Pay, the Site or Portal.
  1. In no event shall FiveWest’s total liability (if any) to you for any claim arising out of or as a result of these Terms or the Product Terms applicable exceed (in aggregate) the fees earned by FiveWest in connection with your use of your FiveWest Account in the six month period immediately preceding the event giving rise to the claim for liability.

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