Terms and Conditions of Use

BankProof operates as an information-publishing and information-relay platform. The Platform enables Suppliers to publish their Bank Details in a structured format and enables Payers to access and view those details using Verification Codes. BankProof does not independently verify, validate, authenticate, or confirm the accuracy, correctness, or legitimacy of any Bank Details or any other information published on the Platform.

All Bank Details displayed on the Platform are provided by Suppliers. BankProof makes no representation, warranty, or guarantee, whether express or implied, that any Bank Details published on the Platform are accurate, current, complete, authentic, or free from error or fraud. The presence of Bank Details on the Platform does not constitute an endorsement, certification, or validation by BankProof of those details.

BankProof is not a bank, financial institution, financial services provider, payment facilitator, or credit provider. BankProof does not process, facilitate, or execute any financial transactions, payments, or transfers. BankProof is not registered as a financial services provider under the Financial Advisory and Intermediary Services Act (FAIS), 2002, or any other financial services legislation. The Platform does not constitute financial advice or a financial service of any kind.

Nothing on the Platform or in any communication from BankProof constitutes financial, legal, tax, investment, or professional advice. Users must exercise their own independent judgment and seek independent professional advice before making any payment or financial decision based on information obtained through the Platform.

ALL USE OF THE PLATFORM AND RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE PLATFORM IS ENTIRELY AT THE USER'S OWN RISK. BankProof expressly disclaims all responsibility for any decision made, action taken, or payment processed by any User based on information obtained through the Platform. Users are solely responsible for independently confirming all Bank Details through their own verification procedures before making any payment.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE LAWS OF THE REPUBLIC OF SOUTH AFRICA, BankProof, its directors, officers, employees, shareholders, subsidiaries, affiliates, successors, assigns, agents, and contractors (collectively, the "BankProof Parties") shall not be liable, under any theory of liability whatsoever (whether in contract, delict, strict liability, statutory liability, or otherwise), for any loss, damage, cost, expense, claim, or liability of any nature whatsoever, whether direct, indirect, incidental, special, consequential, punitive, or exemplary, arising out of or in connection with:

• (a) the use of, inability to use, or reliance on the Platform or any information, content, or data obtained through the Platform;
• (b) any Bank Details published, displayed, transmitted, or accessed through the Platform, whether accurate or inaccurate, complete or incomplete, authentic or fraudulent;
• (c) any payment made, or any failure or refusal to make a payment, based in whole or in part on information obtained through the Platform;
• (d) any fraud, misrepresentation, identity theft, invoice interception, business email compromise, phishing, social engineering, or any other criminal or unlawful activity, whether facilitated through, directed at, or in any way connected with the Platform;
• (e) any interception, alteration, corruption, or unauthorised access to any data, communication, or information in transit to or from the Platform;
• (f) any failure, error, delay, interruption, or unavailability of the Platform, including but not limited to system failures, server outages, network interruptions, software bugs, security breaches, cyberattacks, or force majeure events;
• (g) any failure or delay in the delivery of OTP messages via WhatsApp, SMS, email, or any other communication channel;
• (h) any error, omission, or inaccuracy in any Verification Confirmation, PDF document, QR code, or other output generated by the Platform;
• (i) any loss of data, corruption of data, or unauthorised access to data stored on or transmitted through the Platform;
• (j) any actions taken or decisions made by any third party based on information obtained through the Platform;
• (k) any dispute between a Supplier and a Payer, or between any Users of the Platform;
• (l) any tax, regulatory, or compliance consequences arising from the use of the Platform.

Notwithstanding clause 3.1, to the extent that any court of competent jurisdiction holds BankProof liable for any loss or damage, the total aggregate liability of the BankProof Parties to any User shall not exceed the lesser of: (a) the total subscription fees actually paid by that User to BankProof in the 12-month period immediately preceding the event giving rise to the claim; or (b) R1,000 (one thousand South African Rand). This limitation applies regardless of the theory of liability and regardless of whether BankProof has been advised of the possibility of such damages.

Each User agrees to indemnify, defend, and hold harmless the BankProof Parties from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the User's use of the Platform; (b) any information submitted by the User to the Platform; (c) the User's breach of these Terms; (d) the User's violation of any applicable law or the rights of any third party; or (e) any payment made or action taken by the User based on information obtained through the Platform.

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANKPROOF EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, SECURITY, AND TIMELINESS.

BankProof does not warrant that the Platform will be available at all times or without interruption. The Platform may be taken offline for maintenance, updates, or for reasons beyond BankProof's control. BankProof shall have no liability for any loss or damage arising from any period of unavailability.

The Platform may integrate with or rely on third-party services, including WhatsApp, payment processors, SMS providers, and hosting providers. BankProof makes no warranty in respect of such third-party services and shall have no liability for any failure, error, or delay in such services.

Verification Codes enable Payers to access Bank Details published by a Supplier. Verification Codes do not constitute BankProof's authentication, endorsement, or verification of the Bank Details or of the Supplier's identity. The purpose of the Verification Code is to enable structured access to Supplier-published information only.

When a Supplier modifies their Bank Details, the new details are subject to a Cooling-Off Period (default 24 hours, configurable) before becoming active. During this period, the previous Bank Details remain visible to Payers, and a notice is displayed indicating a pending change. The purpose of the Cooling-Off Period is to reduce the risk of fraudulent changes taking effect immediately, but BankProof does not warrant that it will prevent all fraudulent modifications. The Cooling-Off Period is a risk-mitigation measure only.

Verification Codes expire after a period set by the Supplier (default 90 days). Suppliers may deactivate codes at any time. BankProof does not guarantee the availability or validity of any Verification Code.

The Supplier warrants that all information submitted to the Platform, including Bank Details, company information, and contact details, is accurate, complete, current, and not misleading at the time of submission and at all times while published on the Platform. The Supplier undertakes to update their information promptly whenever it changes.

The Supplier warrants that they are duly authorised to publish the Bank Details submitted to the Platform, that the Bank Details are the Supplier's own legitimate bank account details, and that no third party's rights are infringed by such publication.

The Supplier is solely responsible for maintaining the confidentiality and security of their account credentials, including passwords, two-factor authentication codes, and backup codes. The Supplier shall be liable for all activity occurring under their account, whether authorised or unauthorised.

The Supplier warrants that their use of the Platform complies with all applicable laws, regulations, and industry standards, including but not limited to the Companies Act, 2008, the Consumer Protection Act, 2008 (CPA), POPIA, the Financial Intelligence Centre Act (FICA), 2001, and any applicable anti-money laundering legislation.

Each Payer acknowledges and agrees that the Platform is a supplementary verification tool only and is not a substitute for the Payer's own independent verification of Bank Details. The Payer remains solely responsible for confirming Bank Details through independent means (such as direct telephonic confirmation with the Supplier using a known, independently obtained telephone number) before making any payment.

The Payer acknowledges that the Platform cannot guarantee protection against all forms of invoice fraud, business email compromise, or payment diversion schemes. The Payer acknowledges that sophisticated fraud schemes may involve compromised Supplier accounts, social engineering, or other methods that the Platform cannot detect or prevent.

Any payment made by the Payer, whether to bank details obtained through the Platform or otherwise, is made entirely at the Payer's own risk. BankProof shall have no liability for any payment made to an incorrect or fraudulent account, regardless of whether the Payer relied on the Platform in making that payment.

For purposes of the Protection of Personal Information Act, 2013 (POPIA), BankProof is the responsible party in respect of the personal information it collects and processes through the Platform. BankProof's processing of personal information is governed by its separate Privacy Policy, available on the Platform.

By using the Platform and providing personal information, each User consents to the collection, processing, storage, and use of their personal information by BankProof as described in these Terms and in BankProof's Privacy Policy, for the purposes of providing the Services, maintaining the audit trail, complying with legal obligations, and for such other purposes as may be reasonably necessary.

BankProof implements reasonable technical and organisational measures to protect personal information and Bank Details, including encryption of sensitive data. However, BankProof does not warrant that its security measures will prevent all unauthorised access, data breaches, or data loss. No system connected to the internet can guarantee absolute security.

Users may exercise their rights under POPIA (including rights of access, correction, and deletion) by contacting BankProof at the contact details provided on the Platform. BankProof will respond to valid requests within a reasonable time, subject to applicable legal requirements and legitimate business interests.

BankProof retains personal information and audit records for such periods as are reasonably necessary for the purposes for which the information was collected, for the establishment, exercise, or defence of legal claims, and for compliance with legal and regulatory obligations.

The Platform operates on a freemium model. Suppliers receive a limited number of free verifications per month. Additional verifications and premium features are available through paid subscription tiers as published on the Platform from time to time.

Subscription fees are payable in advance via the payment methods offered on the Platform. All fees are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.

All subscription fees paid are non-refundable, except where required by the Consumer Protection Act, 2008. Downgrading a subscription does not entitle the User to a refund of any fees already paid.

BankProof reserves the right to change its fees and pricing at any time upon 30 days' written notice to affected Users. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the new fees.

A User may terminate their account at any time by contacting BankProof. Termination does not entitle the User to a refund of any fees paid.

BankProof may, in its sole and absolute discretion, suspend or terminate any User's account at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to: breach of these Terms, suspected fraud, inaccurate information, non-payment, or conduct that BankProof considers harmful to the Platform or other Users.

Upon termination, the User's access to the Platform will be revoked. BankProof may retain data as required by law or for legitimate business purposes. Active Verification Codes associated with a terminated account may be deactivated.

Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation between the parties for a period of not less than 30 days.

If the dispute is not resolved by negotiation within 30 days, the parties shall submit the dispute to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) or such other mediation body as the parties may agree.

If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the rules of AFSA. The arbitration shall take place in Johannesburg, South Africa. The arbitrator's decision shall be final and binding.

Nothing in this clause 13 prevents either party from seeking urgent interim or interlocutory relief from a court of competent jurisdiction.

These Terms, together with BankProof's Privacy Policy and any subscription agreement, constitute the entire agreement between the User and BankProof regarding the subject matter hereof and supersede all prior agreements, understandings, representations, and warranties.

BankProof reserves the right to amend these Terms at any time. Amended Terms will be published on the Platform and shall take effect 30 days after publication, or immediately in cases of legal or regulatory requirement. Continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

No failure or delay by BankProof in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. A single or partial exercise of any right shall not preclude further exercise of that right or any other right.

BankProof may assign, transfer, or delegate its rights and obligations under these Terms to any third party without the User's consent. The User may not assign any rights under these Terms without BankProof's prior written consent.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between BankProof and any User.

The directors, officers, employees, shareholders, subsidiaries, and affiliates of BankProof are intended third-party beneficiaries of the limitation of liability, indemnification, and disclaimer provisions of these Terms and shall be entitled to enforce those provisions directly.

BankProof may give notice to Users by publication on the Platform, by email to the address associated with the User's account, or by any other reasonable means. Notices to BankProof must be sent by email to the address published on the Platform.

BankProof chooses as its domicilium citandi et executandi for all purposes under these Terms its registered office address, as published on the Platform from time to time.