TERMS & CONDITIONS

Definitions:

Virtual Good: The e-commerce platform that provides access to online purchasing of electricity, airtime, data and other “virtual” products.
EFT: Electronic funds transfer via a secure internet banking site.
Instant EFT: Secure Internet Deposit via SID
Registration details: User’s name, Email address, Cell number or any other detail that Virtual Good might require to affect a transaction.
Member: A customer that is a registered member of the Virtual Good community.
User: A member that uses the Virtual Good platform.
Introducer: The member who introduced the user to Virtual Good and under who’s code the user is registered.
VG Affiliate: A Virtual Good member who has also registered as an affiliate.
Beneficiary: Any organisation or initiative that has been nominated as a recipient of re-directed rebates by Virtual Good Members.
VG Credits: A rebate awarded to the user which is re-directed to other members that can be used to purchase product/s on the Virtual Good platform and can also be converted to cash by VG Affiliates and when allocated to beneficiaries. VG Credits can also be bought or topped up via EFT. (1VG Credit = R1.00)
Rebate: VG Credits awarded to a member for using the Virtual Good platform.
Referral Fee: VG Credits re-directed by a user to an introducer and their introducer.
Third party: Any other party that Virtual Good interfaces with in order to ensure that service is provided to the member. These include: Municipalities, Private metering companies, Cell phone service providers, Internet platforms, Vending companies contracted by municipalities and telephone networks.
Communication: The communication channels for purposes of this agreement will be via online chat, sms or email. No contact telephone numbers will be provided by Virtual Good.
Awareness: Will be deemed as the time Virtual Good support staff read any request and not the time an enquiry has been sent.
Recharge Voucher/Token or Pin: A sequence of numbers sent by Virtual Good to the user via an electronic medium. This could include a sms, an email or any message via a choice of other electronic platforms.

1. General
1.1. These terms and conditions will not in any way overrule or eliminate or adjust the terms and conditions entered between the client, the bank and/or any service provider.
1.2. Users acknowledge that Virtual Good does not hold deposit-taking licenses (a banking license) and cannot hold funds on the user’s behalf which are not the proceeds of payments made to purchase specific goods or products.
1.3. Virtual Good will not be liable for any loss due to incorrect information supplied by a user such as: The incorrect cell number, electrical meter number or email address. Virtual Good will however make all effort to recharge the supplied prepaid number or electrical meter.

2. Copyright
3rd Parties or users may not use a Virtual Good logo or other proprietary graphic or trademark of Virtual Good to link to this Site without the express written permission of Virtual Good. Virtual Good may revoke this right at any time. 3rd Parties or users are granted a limited; non-exclusive right to create a hyperlink to this Site provided such link does not portray Virtual Good in a false, misleading, derogatory or otherwise defamatory manner.

3. Intellectual Property Rights
All the trademarks, data and content on this web site, including but not limited to software, databases, text, video clips, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to Virtual Good. All these are protected from infringement, from any third party, by local and international legislation and treaties.

4. Virtual Good service delivery
4.1 Although Virtual Good affects most recharges in less than 15 minutes, Virtual Good does not in any way guarantee any turnaround time. The main reason for this being Virtual Good's reliance on third parties.
4.3 Transactions will only be processed once the payment has been cleared by the bank or if VG Credits are sufficient to cover the transaction amount.
4.4 Should a recharge not have been affected, and Virtual Good has been made aware of this fact, Virtual Good will answer all such queries in a fast and efficient manner. Although most personal communication from Virtual Good to the user will commence within an hour or two from receiving the enquiry, Virtual Good commits to communicate with users personally with regards to any failures within 2 business days from receiving a failure report via the Virtual Good provided contact methods. The only reason Virtual Good reserves this right is to ensure communication to all users, during critical system failures of any third party.
4.5 Should a user request a refund for any reason, such refund will be processed, unless a voucher or pin has been requested by Virtual Good prior to Virtual Good becoming aware of such a request. The time of issuing such a request, by the user, will not be deemed as the time that Virtual Good was notified. Notification will be deemed as the time that Virtual Good support staff became aware of such a request. Automatic programmed processes continuously run in the background to attempt recharging unsuccessful transactions, for this reason Virtual Good cannot be held liable for a recharge taking place in the window period from the user sending such a request to the time support staff becomes aware of such a request.
4.6 Should a Voucher/token or pin not have been issued and support staff becomes aware of a user’s request for a refund, such refund will be affected within 2 business days, should Virtual Good have the necessary bank details of the particular user.

5. Fees and charges
5.1 Virtual Good provides a method of obtaining prepaid airtime and electricity vouchers by combining existing payment methods and infrastructure. Virtual Good will retain the right to deduct any or all costs and legal fees from users that have received their recharges and payment has not been effected or reversed. The user shall be responsible to supply sufficient proof of payment to the satisfaction of both the Bank and/or Virtual Good should the client claim a recharge or refund.
5.2 Virtual Good processes cellular recharges at no charge to the user.
5.3 Some municipalities may levy fees/charges/deductions when buying electricity that is outside of Virtual Good’s control.
5.4 All prices are inclusive of VAT
5.5 Standard rates apply for USSD services
5.6 A nominal transaction fee is charged if the user elects to use “Instant EFT” as a payment method. This fee will be indicated and will have to be agreed to in order to use this payment method.

6. User conduct and responsibility
6.1 Should the user, commence a transaction with Virtual Good, the user acknowledges and accepts the possible delay between any of the third parties involved to successfully recharge your SIM or electrical meter. Should a user supply incorrect registration details or an incorrect reference no to Virtual Good to do a successful recharge, the user will be responsible to supply sufficient and original Proof of Payment with the correct cell number or meter number to be charged and the reference number used. Such to be attached to an enquiry done via the Virtual Good provided contact methods.
6.2 It is the responsibility of the user to notify Virtual Good via it’s provided contact methods, should the user not have received his or her recharge voucher or pin within 15 minutes.

7. Privacy
Please refer to our Privacy Policy

8. Disclaimer and Warranty
8.1 Virtual Good is merely a payment platform and does not guarantee the Vouchers/Tokens or pins it supplies. These are generated by third parties. These companies are ultimately responsible to ensure that same is in working order. Should any Voucher/Token or pin not be in working order Virtual Good will do everything in its power to assist the user in obtaining a voucher or pin in working order, by giving all relevant contact details of suppliers to users. By doing this, Virtual Good does not in any way acknowledge responsibility for a "working" Voucher/Token or Pin, but is merely acting in the interest in connecting the end user and supplier, and should not be interpreted differently.
8.2 Transactions where an incorrect electrical meter number has been supplied by the client and Virtual Good has affected the recharge on this wrong number, cannot be reversed. Virtual Good can also not be held responsible for any losses.
8.3 Users understand and agree that this site and the information, services, products available through it are provided on an "as is" and "as available" basis and expressly agree that use of this site is at the sole risk of the user.
8.4 To the fullest extent permissible according to applicable law, Virtual Good and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchant ability or fitness for a particular purpose. No oral or written information provided by Virtual Good or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such advice or information.
8.5 The user expressly agrees that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at the user’s sole risk. The user understands and agrees that they will be solely responsible for any damage to their business or computer system or loss of data that results from the download of such content, data and/or software.
8.6 The user acknowledges that Virtual Good or any of its affiliates do not in any respect control any information, products or services offered by third parties on or through this site, except as otherwise agreed in writing. Virtual Good and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.
8.7 Neither Virtual Good nor any affiliate makes any warranty that this site or its contents will meet your requirements, or that the site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Virtual Good does not represent or warrant that materials in this site or information provided by Virtual Good via e-mail or other means, are accurate, complete, reliable, current or error free. Nor does Virtual Good make any warranty as to the results that may be obtained from use of Virtual Good or its content or as to the accuracy, completeness or reliability of any information obtained through use of this site
8.8 Virtual Good assumes no responsibility for: Any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content, sms or e-mail, network or system outages, file corruption or service interruptions caused by the negligence of Virtual Good, its affiliates or a user’s own errors and/or omissions. Virtual Good disclaims any warranty or representation that confidentiality of information transmitted through this web site will be maintained. All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and Virtual Good and its affiliates disclaims any liability to the user in this regard.

9. Disputes
Virtual Good and the user, "the Parties", agrees irrevocably that any dispute whatsoever arising from the above mentioned Terms and Conditions shall be settled as follows:
9.1 The Parties shall firstly make their best efforts to attempt to settle the dispute amicably between them through negotiation. This entails that the one party invites the other in writing to a meeting to attempt to resolve the dispute within thirty (30) days from the date of written invitation;
9.2 should such negotiation fail to resolve the dispute, "the Parties" irrevocably agree that the dispute shall be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa ("AFSA");
9.3 should the mediation fail to resolve the dispute, "the Parties" agree irrevocably that the dispute shall be finally settled by arbitration. The arbitration proceedings shall be conducted according to the AFSA arbitration rules, in Cape Town, South Africa, before: a single arbitrator appointed in terms of those rules in the event that the amount in dispute is less than R1,000,000 (One million rand) OR three arbitrators appointed in terms of those rules in the event that the amount in dispute is greater than R1,000,000 (One million rand).
9.4 The arbitrator shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially; and shall be obliged to provide written reasons for his decision.
9.5 The Parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding on "the Parties"; and shall be carried into effect; and may be made an order of any court of competent jurisdiction.
9.6 The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings.

The Parties agree that:
the nature of any dispute arising from this agreement; and the resolution thereof in terms of this clause which shall include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause; and any settlement agreement in terms of this clause as well as any arbitration award, shall be considered Confidential Information.
This clause shall not preclude either Party form obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator as the case may be from time to time. The provisions of this clause will continue to be binding on "the Parties".

10. Limitation of liability
10.1 Under no circumstances, including without limitation negligence, shall Virtual Good or its affiliates, officers, directors, employees, agents, providers, suppliers or any other party involved in creating, producing, transmitting or distributing Virtual Goods be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use Virtual Good or any other content provided by or through the site, or resulting from unauthorised access to or alteration of your transmissions or data or other information that is sent or received , including but not limited to damages for lost profits, use, data or other intangibles, even if Virtual Good has been advised of the possibility of such damages.
10.2 Virtual Good or any affiliate shall have no liability to in connection with any product, service or otherwise, purchased or used as a result of this site. It is expressly understood that the user is aware that Virtual Good provides a service to bring service provider and service consumer together and accepts no responsibility for the quality, reliability, safety, function, sustainability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of this site.

11. Virtual Good membership
11.1 The user agrees that any rebate awarded to the user shall be re-directed as VG Credits to a beneficiary/beneficiaries of the user’s choice as well as to the user’s introducer and their introducer as a reward for making the introduction..