Here are some important things to note about using our NightsBridge Tap product, and the terms of use you agreed upon in order to use the NightsBridge Tap product.
1. Agreement Overview
These Terms and Conditions ("T&Cs") govern the relationship between NightsBridge ("the Service Provider") and the client ("you" or "the client") for the use of the SoftPOS solution, a software-based payment acceptance tool integrated with the NightsBridge booking platform.
By accepting these T&Cs, the client agrees to comply with all stipulated terms for using the payment service.
2. Definitions
| Term | Definition |
|---|---|
| SoftPOS Solution |
A software application enabling the client to accept card-present payments using compatible mobile devices. |
| Card Present Transactions |
Transactions where the cardholder is physically present, and payment is processed via the SoftPOS solution. |
| Client | The individual or entity accepting payments for bookings or related services via the NightsBridge platform. |
| NightsBridge |
The payment service provider and platform integrating the SoftPOS solution. |
| Cardholder |
The individual making payments using a payment card. |
| Payment Processor |
The third-party financial institution or gateway facilitating transaction processing. |
3. Client Responsibilities
3.1. Use of the SoftPOS Solution
- The client agrees to use the SoftPOS solution solely for processing payments related to services offered via the NightsBridge platform.
- The client must ensure all transactions comply with South African legal and regulatory requirements, including those imposed by the Payments Association of South Africa (PASA).
3.2. Device and Software Compatibility
- The client is responsible for maintaining compatible devices and software to use the SoftPOS solution.
- NightsBridge does not guarantee compatibility with all mobile devices and operating systems.
3.3. Data Security and PCI Compliance
- The client must ensure secure handling of cardholder data in compliance with PCI DSS (Payment Card Industry Data Security Standards).
- The client agrees not to store sensitive card data on their device.
3.4. Fraud Prevention and Risk Management
- The client must take reasonable steps to prevent fraud or misuse of the SoftPOS solution.
- Any suspicious or fraudulent activity must be immediately reported to NightsBridge.
4. NightsBridge Responsibilities
4.1. Provision of Services
- NightsBridge will provide access to the integrated SoftPOS solution and ensure its functionality within the booking platform.
4.2. Transaction Processing
- NightsBridge will facilitate secure payment processing through a third-party payment processor.
- Transaction funds will be settled in accordance with agreed timelines and subject to deductions for applicable fees.
4.3. Support and Maintenance
- NightsBridge will provide reasonable support and updates to ensure the ongoing functionality of the SoftPOS solution.
5. Fees and Charges
- Transaction fees, service charges, and any other applicable costs will be communicated to the client in advance.
- NightsBridge reserves the right to adjust fees with a 30-day notice period.
6. Transaction Disputes and Refunds
- The client is responsible for resolving cardholder disputes related to transactions.
- Refunds must be processed in compliance with NightsBridge’s refund policy and may incur processing fees.
7. Liability and Indemnity
7.1. client Liability
- The client assumes full responsibility for all transactions processed through the SoftPOS solution.
- NightsBridge is not liable for losses resulting from the client’s misuse of the SoftPOS solution or non-compliance with these T&Cs.
7.2. Indemnity
- The client agrees to indemnify NightsBridge against any claims, damages, or losses arising from misuse, fraud, or non-compliance with applicable regulations.
8. Termination
8.1. Termination by the client
- The client may terminate the agreement with a 30-day written notice.
8.2. Termination by NightsBridge
- NightsBridge reserves the right to suspend or terminate services immediately in cases of non-compliance, fraud, or misuse of the SoftPOS solution.
9. Regulatory Compliance
The client agrees to comply with all applicable South African laws, including the Financial Intelligence Centre Act (FICA) and Consumer Protection Act (CPA), where applicable.
10. General Provisions
10.1. Amendments
- NightsBridge reserves the right to update these T&Cs. Updates will be communicated at least 30 days in advance.
10.2. Governing Law
- These T&Cs are governed by the laws of the Republic of South Africa.
10.3. Dispute Resolution
- Any disputes will first be resolved through mediation. If unresolved, the matter will be subject to the jurisdiction of South African courts.
11. Acceptance of Terms
By using the SoftPOS solution, the client acknowledges that they have read, understood, and agreed to these T&Cs.