BNK Connect Terms & Conditions
BNK CONNECT TERMS OF SERVICE
Effective Date: 9 January 2024
Welcome to BNKConnect!
By clicking “I Agree” or continuing to use the Platform, you confirm that you have read, understood, and accept these Terms of Service, our Privacy Policy, and any additional agreements incorporated by reference.
These Terms of Service (“Terms”) govern your use of the BNKConnect platform (“Platform”), operated by BNKConnect (Pty) Limited (“we,” “our,” or “us”). By accessing or using our Platform, you (“User” or “You”) agree to comply with these Terms and our Privacy Policy.
Please read these Terms carefully.
If you do not agree with these Terms, you may not use the Platform.
1. Definitions
1.1 “Service Providers” refers to professionals offering services via the Platform.
1.2 “Clients” refers to individuals or entities seeking to book or engage services through the Platform.
1.3 “User” refers to any person who accesses or uses the platform, including service providers (“Providers”) and clients seeking services (“Clients”).
1.4 “Content” refers to any text, images, videos, reviews, or other material uploaded or shared by Users on the Platform.
1.5 “Services” refers to any service provided by a Service Provider through BNKConnect.
1.6 “Platform” refers to the BNK Connect website, mobile application, and associated services.
1.7 “Agreement” refers to these Terms and any other policies or guidelines incorporated by reference.
2. Eligibility
2.1. You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that:
2.2 You are at least 18 years old and have the legal capacity to enter into this Agreement.
2.3 You will comply with all applicable laws and regulations while using the Platform.
3. Account Registration
3.1 To use certain features of the Platform, Users must create an account.
3.2 You agree to:
3.3 Provide accurate and complete information during registration.
3.4 Maintain the security of your account credentials.
3.5 Notify BNKConnect immediately of any unauthorized use of your account.
3.6 BNKConnect reserves the right to suspend or terminate accounts that violate these Terms.
3.7 Once a Client independently registers and verifies their profile, they are a direct User. BNK Connect may thereafter communicate or market other Service Providers’ services to them, provided such communications comply with POPIA and contain a clear opt-out link.
4. Services Provided by the Platform
4.1 BNK Connect facilitates:
4.2 The connection between Clients and Providers for the provision of services.
4.3 Scheduling, booking, and payment processing tools.
4.4 BNKConnect is not a party to any contract between Clients and Providers and is not responsible for the quality, timing, or legality of the Services provided.
4.5 Once a Client independently registers and verifies their profile, they become a direct User of BNKConnect. BNKConnect may thereafter communicate or market other Providers’ services to them, provided that such communications comply with POPIA and include a clear opt-out mechanism.
5. Intellectual Property (IP) Protection
5.1 Platform Content
All content on the Platform, including text, graphics, logos, software, and designs, is our exclusive intellectual property or licensed to us. Unauthorized use, reproduction, or distribution of this content is prohibited.
5.2 User Content
Any content you upload to the Platform, including service descriptions, profiles, and feedback, remains your property. By uploading content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and promote this content on the Platform.
5.3 Trademark Usage
BNK Connect’s trademarks, logos, and branding may not be used without our prior written consent.
6. Billing and Subscription Policies
6.1 Fees
Service Providers will be charged subscription fees or transaction fees as outlined in our pricing structure, which is subject to change with 30 days’ notice.
6.2 Billing Transparency
All fees, charges, and payment terms are clearly displayed prior to subscription or booking. Users can access their billing history and manage subscriptions via their account settings.
6.3 Payment Method
All payments are processed securely through third-party payment processors. By providing payment details, you authorize us to charge the applicable fees.
6.4 Non-Payment
Failure to pay subscription or transaction fees may result in suspension or termination of your account.
7. Refund Policy
7.1 Service Refunds
Refunds for services provided by Service Providers are subject to their individual policies. BNK Connect is not responsible for refunds unless explicitly stated otherwise.
7.2 Platform Subscription Refunds
Subscription fees are generally non-refundable unless required by applicable law or unless a specific issue arises due to an error on our part.
8. Chargeback Policy
8.1 Prohibited Chargebacks
Users agree not to initiate chargebacks without valid cause. Unwarranted chargebacks may result in account suspension or legal action.
8.2 Dispute Notification
If you believe a charge is incorrect, you must contact us within 30 days of the transaction to resolve the issue before initiating a chargeback.
9. Dispute Resolution Policy
9.1 Between Clients and Service Providers
BNK Connect is not a party to agreements between Clients and Service Providers. Any disputes between these parties should be resolved directly. We are not obligated to intervene. We may, at our discretion, assist by providing the necessary data for issues to be reported to local authorities.
9.2 Platform-Related Disputes
Any disputes arising from your use of the Platform will be subject to the jurisdiction and governing law of the Republic of South Africa. Disputes should first be addressed informally by contacting our support team. If unresolved, disputes will be referred to binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
10. Compliance with Card Network Rules
10.1 Card Network Standards
All transactions conducted through the Platform adhere to the applicable rules and regulations of card networks (e.g., Visa, Mastercard). Users agree to comply with these rules, which strictly prohibit fraudulent or unauthorized transactions. Please note that the Platform does not process card payments directly; instead, it relies on third-party service providers to handle all card payment processing securely.
10.2 Merchant Responsibilities
Service Providers must provide accurate descriptions of services and honour all commitments made to Clients.
11. User Responsibilities
11.1 You are responsible for maintaining the confidentiality of your account credentials.
11.2 You agree to provide accurate and up-to-date information when creating an account and using the Platform.
11.3 You will not engage in any fraudulent, abusive, or unlawful activity on the Platform.
12. Service Provider Data Obligations
12.1 Service Providers are required, before uploading any client data or offering Services, to warrant that they have obtained valid, informed consent from each client to process and share their personal information under POPIA.
12.2 Service Providers hereby indemnify BNKConnect against any claim arising from improper data collection.
13. POPIA Compliant Marketing
BNK Connect may send promotional emails or messages regarding Platform updates and other Providers’ offerings, only to Users who have consented. Each message will include a visible opt-out link. Users may also manage preferences in Account Settings.
14. Limitation of Liability
BNKConnect is not liable for any disputes, damages, or losses arising from the use of services provided by Service Providers.
We are not responsible for any interruptions or errors in the Platform but will make reasonable efforts to address such issues promptly.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. Any legal action or arbitration must be initiated in the Magistrate’s Court of South Africa.
16. Arbitration and Dispute Resolution
By clicking ‘I Agree,’ you further agree that any disputes not resolved informally will be referred to binding arbitration under the Arbitration Foundation of Southern Africa, in accordance with POPIA’s dispute-resolution requirements.
17. Amendments to Terms
We reserve the right to update or modify these Terms at any time. Changes will be communicated via the Platform, and continued use after updates constitutes acceptance of the revised Terms.
18. Termination
We may suspend or terminate your account at any time for violation of these Terms or other conduct detrimental to the Platform.
19. Contact Us
If you have questions or concerns about these Terms, please contact us at [email protected].
By using BNK Connect, you acknowledge that you have read, understood, and agreed to these Terms of Service.