In order to sell items using the AMO Wallet (the “Application”), you must agree to the Terms of Service outlined below, which includes the terms and conditions that guide your use of the service. By listing an item for sale via the Application, you agree to be bound by all terms and conditions within these Terms of Service.
The Application is operated by MOTECH FUSION (PTY) LTD (“Motech”), which reserves the right to make changes to the terms of service at any time. Changes to these terms of service are effective when the changes are posted on to the system and website. Continuing to sell items using the AMO Wallet system will constitute your agreement to the new Terms of service. It is your responsibility to review the changes and decide if you want to continue to use the AMO Wallet service. Changes to the terms of service will occur at any time and you will be notified of these changes.
Motech provides a service using our software and systems that allow school tuckshops (Vendors/Merchants) to sell their products to buyers, in the form of students, parents, school staff, visitors & any other parties that are permitted to purchase from the school’s tuck-shop. Motech does not act as the agent for either buyers or Vendors.Our service provides a platform for these transactions to take place.
Motech Fusion is a 3rd-party and provides a platform and system to facilitate transactions between buyers and vendors.We do not represent either buyers or sellers and we do not directly sell any products. We provide a platform to facilitate digital orders and payments as a service for both buyers and sellers. It is the Vendor’s responsibility to provide an accurate product listing, with the correct prices and accurate descriptions.
Vendors cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed must provide an accurate description of the products sold. Vendors may not use the AMO system to illegally sell products to minors. Motech Fusion reserves the right to refuse service to anyone at any time for any reason. Motech Fusion reserves the right to prohibit the sale of any items on the application. All items sold must not pose any risk to any minors and no items that cannot be sold to any minors as per South African law may be soldon the application.
At Motech Fusion’s discretion, products may be removed at any time with notice provided. The way listings appear on the application may change without notice to vendors.
Vendors are expected to only list items and quantities they are capable of providing and willing to sell. Vendors are required to sell items at the price they listed to customers that meet the Vendor’s terms. By listing an item on the AMO Wallet system you agree that you have the right to sell the item, that you have access to the item and that your description provided in your listing is complete and accurate. Vendors are required to provide items ordered to any buyers, and refund application users upon failure to provide items purchased.
When a buyer completes a purchase on the AMO Wallet, the Vendor will be able to access the order/payment details and amounts on the merchant system. Merchants will be provided with a monthly statement which details all payments received through the AMO system. The statement will detail all transactions and the fees on each transaction, as well as the totals for each.
It is the Vendors responsibility to submit the banking details in which payments received through the system are to be paid. The Vendor agrees to submit these details and receive these amounts as per their preferred intervals with the relevant charge being applicable upon each payment made to the merchant’s bank account. These payments will be the total amount of sales made through the application, excluding the fees charged by Motech Fusion.
Motech Fusion charges merchants 3.5% on wallet deposits made through the application, as all deposits are made for the specific purpose of making a purchase at the tuckshop. These fees are charged on all payments received using the AMO system, through either orders or payments made through the QR code. A fee of R7 per payment into the merchant’s bank account will also be charged. Motech Fusion reserves the right to make changes to fees with a 2-week notice to vendors provided. All refunds provided through the AMO system will be processed at a R2 charge per refund.
All payment related transactions are processed by a third-party being Peach Payment Services (Pty) Ltd. Motech Fusion is not liable for any losses incurred due to any third-party related system failures.
It is the Vendor’s responsibility to collect and remit any taxes associated with a transaction. Motech Fusion will not be held responsible for the collection or lack of collection of any taxes due to the use of the AMO Wallet. Motech Fusion is not responsible for determining when tax should be charged.
Motech Fusion reserves the right to monitor Vendor accounts to determine if these terms or any laws are being broken. Any illegal or fraudulent activity may be reported by Motech Fusion to law enforcement or other third parties. Upon termination, Vendors must pay Motech Motech any fees that were incurred prior to the effective date of termination. Motech Fusion & Merchants are free to terminate the business relationship at any point, for any reason, without notice. Upon termination, all outstanding funds belonging to merchants will be paid excluding all fees incurred upon termination.
You will defend, indemnify and hold harmless Motech Fusion and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these terms; or (ii) your ownApplication or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collector pay any taxes.
MOTECH FUSION WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ILLEGAL PRODUCTS SOLD. MOTECH FUSION WILL NOT BE LIABLE FOR PRODUCTS ILLEGALLY SOLD TO MINORS AND IT IS THE RESPONSIBILITY OF MERCHANTS TO ENSURE THAT ALL PRODUCTS NOT FOR SALE TO U18S ARE NOT BEING SOLD. PRODUCTS INTENDED FOR CUSTOMERS OVER THEAGE OF 18 NEED TO BE VERIFIED BY A VALID SOUTH AFRICAN IDENTITY DOCUMENT OR A VALID PASSPORT.MERCHANTS ARE RESPONSIBLE FOR VERIFYING THE AGE OF CUSTOMERS FOR PRODUCTS THAT MAY NOT BESOLD TO MINORS. MOTECH FUSION IS NOT RESPONSIBLE FOR THE SALE OF MERCHANT GOODS AND ONLY PROVIDES A SERVICE TO MERCHANTS WHICH ENABLES THEM TO USE THE PRODUCT TO OFFER THEIR CUSTOMERS A SYSTEM TO ORDER AND PAY FOR PRODUCTS AND SERVICES. MERCHANTS ARE RESPONSIBLE FOR MARKING PRODUCTS UPLOADED AS INELIGIBLE FOR SALE TO U18S.
MOTECH FUSION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT,INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE APPLICATION, THE INABILITY TO USE THE APPLICATION OR THE SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR SOLD OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE APPLICATION.
You agree to release Motech Fusion from claims, demands, and damages related to transaction disputes not directly related to the AMO Wallet platform. If a dispute arises between buyers and tuckshops, Motech Fusion will assist in mediating the dispute to reach a mutually satisfactory agreement and failure to do that will require Motech Fusion to determine arbitrary resolution as per these Terms of Service, user Terms and Conditions and all relevant SouthAfrican laws.
The AMO Wallet system and application is provided as is and without warranty. Motech Fusion makes no warranties of any kind expressed or implied. Motech Fusion will provide best effort to ensure the AMO Wallet application and system is available 24 hours-a-day 365 days- a-year, but we do not guarantee the AMO system will always be available. Motech Fusion will not be liable for any loss due to AMO Wallet not being available. Motech Fusion will not be liable for any loss due to errors in our software or the software of others that we use.
An electronic signature is any electronic sound, symbol, or process that is related to an agreement and executed with the intent to sign that agreement. You agree that the process of including this document on the system and application constitutes a binding electronic signature by Motech Fusion and that the process of proceeding to use the system after being informed that doing so constitutes agreeing to the Terms of Service during the process of account creation and/or accessing the system represents your binding electronic signature.
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us, with contact details available at motech.dev.