Payment Terms and Conditions for Users of Moonlighter Group Digital Platforms
Constitution of the Republic of South Africa, 1996 · Electronic Communications and Transactions Act 25 of 2002 · Consumer Protection Act 68 of 2008 · Protection of Personal Information Act 4 of 2013 · Financial Intelligence Centre Act 38 of 2001 · Cybercrimes Act 19 of 2020 · South African common law of contract · South African Reserve Bank requirements · SARS VAT and invoicing requirements
In these Payment Terms and Conditions ("Payment Terms"), unless the context clearly indicates otherwise, the following words and expressions bear the meanings assigned to them below, and cognate expressions bear corresponding meanings:
1.1 "Company", "Moonlighter Group", "we", "us" or "our" means Moonlighter Group (Pty) Ltd, a private company duly incorporated in accordance with the company laws of the Republic of South Africa, registration number 2013/139783/07, with its registered address at Pretoria, Gauteng, South Africa;
1.2 "Platform(s)" means any website, web application, mobile application, SaaS product, or digital service owned, operated, or made available by Moonlighter Group, including but not limited to HealthGrid Africa, Alternivite, SME Business OS, and any successor or related platforms, through which Users may access services and make or receive payments;
1.3 "User", "you" or "your" means any natural or juristic person who accesses, registers on, subscribes to, or makes a payment through a Platform, whether as a consumer, business customer, subscriber, or authorised representative of an entity;
1.4 "PayFast" means PayFast (Pty) Ltd, a registered payment service provider and gateway operating in the Republic of South Africa, engaged by the Company to process electronic payments on its behalf, and includes PayFast's own terms, merchant agreement, and payment processing policies as amended from time to time;
1.5 "Payment Instrument" means any credit card, debit card, instant EFT, bank transfer, mobile payment method, or other payment mechanism supported by PayFast from time to time;
1.6 "Transaction" means any payment, subscription charge, refund, or other monetary movement initiated by a User or the Company through the Platform via PayFast;
1.7 "Personal Information" bears the meaning given to it in section 1 of POPIA, and includes information relating to an identifiable, living natural person and, where applicable, an identifiable, existing juristic person;
1.8 "POPIA" means the Protection of Personal Information Act 4 of 2013, together with its Regulations;
1.9 "ECTA" means the Electronic Communications and Transactions Act 25 of 2002;
1.10 "CPA" means the Consumer Protection Act 68 of 2008 and its Regulations;
1.11 "FICA" means the Financial Intelligence Centre Act 38 of 2001;
1.12 "Cybercrimes Act" means the Cybercrimes Act 19 of 2020;
1.13 "SARB" means the South African Reserve Bank;
1.14 "SARS" means the South African Revenue Service;
1.15 "VAT" means Value-Added Tax levied in terms of the Value-Added Tax Act 89 of 1991;
1.16 "Business Day" means any day other than a Saturday, Sunday, or public holiday in the Republic of South Africa;
1.17 "Confirmation of Payment" means the electronic notification generated by PayFast and/or the Platform confirming that a Transaction has been successfully processed;
1.18 words importing the singular include the plural and vice versa, words importing a gender include the other genders, and references to a statute include that statute as amended, re-enacted, or replaced from time to time.
2.1 These Payment Terms govern all payments made by, or refunded to, Users in connection with any Platform operated by Moonlighter Group, and are supplementary to, and must be read together with, the applicable Platform's general Terms of Use and Privacy Policy.
2.2 These Payment Terms are prepared with regard to the rights entrenched in the Constitution of the Republic of South Africa, 1996 ("the Constitution"), including the right to privacy (section 14), the right to fair administrative action, and the right of access to information (section 32), and are interpreted, applied, and administered by the Company in a manner consistent with those rights.
2.3 These Payment Terms are drafted with reference to, and are intended to comply with, ECTA, the CPA, POPIA, FICA (where applicable), the Cybercrimes Act, the South African common law of contract, the PayFast Merchant Agreement and associated payment processing rules, applicable SARB requirements relating to electronic payments, and SARS requirements relating to VAT and tax invoicing.
2.4 Where any provision of these Payment Terms is found to conflict with a peremptory (non-waivable) provision of applicable South African legislation, the legislative provision prevails to the extent of the conflict, and the remaining provisions of these Payment Terms continue in full force and effect.
3.1 By creating an account, subscribing to a service, or initiating any Transaction on a Platform, you conclude a binding agreement with the Company incorporating these Payment Terms, in accordance with the South African common law of contract and section 22 of ECTA, which recognises the validity of agreements concluded by electronic means.
3.2 Where you click "I agree", "Pay Now", "Subscribe", or a similarly worded button or checkbox, that action constitutes a valid electronic signature and unambiguous acceptance of these Payment Terms for the purposes of section 13 of ECTA.
3.3 If you accept these Payment Terms on behalf of a company, close corporation, government entity, or other juristic person, you warrant that you are duly authorised to bind that entity, and references to "you" in these Payment Terms then refer to that entity as well as to you personally in your representative capacity.
3.4 If you do not agree to these Payment Terms, you must not proceed with any Transaction and should not use the payment functionality of any Platform.
4.1 The Company uses PayFast as its third-party payment gateway to process card payments, instant EFT payments, and other supported Payment Instruments on its Platforms. PayFast is an independent payment service provider and is not an employee, partner, or agent of the Company for any purpose other than the processing of Transactions.
4.2 By making a payment through a Platform, you also agree to be bound by PayFast's own terms and conditions, privacy policy, and any policies published at www.payfast.co.za, as amended from time to time. In the event of any direct conflict between PayFast's terms and these Payment Terms regarding the mechanics of payment processing (as opposed to the underlying Platform service), PayFast's terms shall govern the processing of the Transaction itself.
4.3 The Company does not itself store full card numbers, card verification values (CVV), or complete card magnetic-stripe or chip data. All such sensitive payment card data is captured, transmitted, and stored by PayFast in accordance with the Payment Card Industry Data Security Standard (PCI DSS) and PayFast's own security architecture.
4.4 The Company will only receive confirmation of successful, failed, or reversed Transactions, together with such limited transactional metadata as PayFast provides via its Instant Transaction Notification (ITN) or equivalent mechanism, for the purposes of reconciling accounts and granting or revoking access to the relevant Platform service.
4.5 The Company is not a bank, a deposit-taking institution, or a payment system operator as contemplated in the National Payment System Act 78 of 1998, and does not hold Users' funds in its own right. All fund flows occur through PayFast's regulated settlement infrastructure.
5.1 To make a payment on a Platform you must be at least 18 years old, or if you are a juristic person, duly and validly registered under the laws of your jurisdiction of incorporation, and you must have the legal capacity to enter into a binding agreement.
5.2 You warrant that all registration and payment information you provide is true, accurate, current, and complete, and you undertake to update such information promptly if it changes.
5.3 You warrant that you are the lawful holder of, or are duly authorised to use, any Payment Instrument you use to make a Transaction, and that sufficient funds or credit are available to honour the Transaction.
5.4 You may not use a Payment Instrument that does not belong to you, or use the Platform for any unlawful purpose, including but not limited to money laundering, terrorist financing, fraud, or the processing of proceeds of unlawful activity.
6.1 All prices, subscription fees, and charges displayed on a Platform are quoted in South African Rand (ZAR) and, unless expressly stated otherwise, are inclusive of VAT at the rate prescribed by SARS from time to time, where the Company is a registered VAT vendor.
6.2 The Company will disclose the full price of goods or services, including all compulsory fees, prior to a User confirming a Transaction, in accordance with section 26 of the CPA, which prohibits false, misleading, or deceptive pricing representations.
6.3 PayFast may levy its own transaction or gateway fees in accordance with its Merchant Agreement with the Company. Save where expressly disclosed to Users as a separate line item, such fees are for the Company's account and are not passed on to the User as a hidden charge.
6.4 The Company reserves the right to amend its prices and fees at any time. Amended pricing will not apply retrospectively to a Transaction already confirmed, but will apply to any renewal, new subscription period, or new Transaction initiated after the effective date of the change, subject to the notice requirements in clause 6.5.
6.5 Where a User is subscribed to a recurring billing service, the Company will give the User at least 20 Business Days' prior written notice (by email or in-Platform notification) of any price increase applicable to that subscription, and the User may cancel the subscription prior to the increase taking effect without penalty.
7.1 When you initiate a Transaction, you will be redirected to, or presented with, a secure PayFast payment interface (or equivalent secure iframe/hosted field) to enter your Payment Instrument details. The Company does not receive or process your raw card details at any point in this flow.
7.2 A Transaction is only regarded as complete once the Company has received a valid Confirmation of Payment from PayFast. Until such confirmation is received, access to the relevant service, product, or feature may be withheld or provided on a provisional basis at the Company's discretion.
7.3 Settlement of funds from PayFast to the Company's nominated bank account occurs in accordance with PayFast's settlement schedule and merchant terms, and the Company has no control over, and accepts no liability for, delays in settlement caused by PayFast, the User's bank, or the broader national payment system.
7.4 Should a Transaction fail, be declined, be flagged for manual review, or be reversed by PayFast, the User's bank, or a card scheme (such as Visa or Mastercard) for any reason, including suspected fraud, the Company reserves the right to suspend or withhold the associated service pending resolution.
7.5 The Company is not liable for any Transaction that fails, is delayed, or is declined due to circumstances outside its reasonable control, including insufficient funds, bank system downtime, incorrect Payment Instrument details, or PayFast system unavailability.
8.1 Where a Platform offers subscription-based or recurring billing services, you expressly authorise the Company, via PayFast's secure tokenisation service, to store a payment token (not your full card details) and to initiate recurring charges against your chosen Payment Instrument on the applicable billing cycle, until the subscription is cancelled in accordance with clause 8.3.
8.2 You will receive an electronic Confirmation of Payment or invoice for each recurring charge, which will also serve, where applicable, as a SARS-compliant tax invoice as contemplated in clause 12.
8.3 You may cancel a recurring subscription at any time via the applicable Platform's account settings or by written notice to the Company's support channel referenced in clause 21. Cancellation will take effect at the end of the then-current billing cycle unless otherwise stated for the specific Platform, and no further recurring charges will be initiated thereafter.
8.4 It is your responsibility to ensure that your stored Payment Instrument remains valid and adequately funded. The Company or PayFast may attempt to retry a failed recurring charge in accordance with standard industry practice; repeated failure may result in suspension of the relevant service.
9.1 Refund eligibility for a specific Platform's products or services is set out in that Platform's own refund policy, which forms part of these Payment Terms by reference. In the absence of a specific policy, the general provisions of this clause 9 apply.
9.2 Where the CPA applies to a Transaction (that is, where the User is a natural person or a juristic person with an asset value or annual turnover below the threshold prescribed under the CPA, and the Transaction does not fall within an excluded category), the User has the statutory rights afforded under the CPA, including in relation to defective, unsafe, or materially unsuitable goods or services, and the right to cancel a fixed-term agreement on reasonable notice subject to a reasonable cancellation charge as contemplated in section 14 of the CPA.
9.3 Where a Transaction is concluded as a direct marketing transaction in terms of section 16 of the CPA, the User may have a cooling-off right to cancel within 5 Business Days of the Transaction without penalty, save for the cost of returning any goods already delivered, where applicable.
9.4 Approved refunds will be processed back to the original Payment Instrument used for the Transaction via PayFast, and the Company cannot direct a refund to a different account, card, or third party. Refund processing times are subject to PayFast's and the relevant bank's processing timelines and are outside the Company's direct control.
9.5 The Company will process an approved refund request within a reasonable time, and in any event within 15 Business Days of approval, unless a longer period is disclosed to the User at the time of approval.
9.6 Digital products, once accessed, downloaded, or activated, or services already substantially rendered, may be excluded from cancellation and refund to the extent permitted by the CPA and as disclosed on the relevant Platform prior to purchase.
10.1 If you believe a Transaction was unauthorised, incorrect, or fraudulent, you must notify the Company without undue delay via the support channel in clause 21, and you may also be entitled to lodge a chargeback query directly with your card issuer or bank in accordance with the relevant card scheme rules.
10.2 The Company will cooperate reasonably and in good faith with PayFast, the User's bank, and applicable card schemes in investigating a disputed Transaction, and will provide such transactional records as it lawfully holds to support the investigation.
10.3 The Company reserves the right to suspend a User's access to a Platform while a chargeback or dispute in respect of that User's account is under investigation, and to recover, set off, or withhold service corresponding to the disputed amount pending resolution.
10.4 Repeated, vexatious, or fraudulent chargeback claims may result in immediate suspension or termination of a User's account without prejudice to the Company's other rights and remedies at law.
11.1 The Company processes Personal Information collected in connection with Transactions strictly in accordance with POPIA and its own Privacy Policy, which is incorporated into these Payment Terms by reference and available on the relevant Platform.
11.2 Personal Information collected for payment purposes (such as name, contact details, billing address, and transactional metadata) is processed for the specific, explicitly defined, and lawful purposes of concluding, administering, and reconciling the Transaction, complying with legal and tax obligations, preventing fraud, and providing the underlying Platform service, in accordance with the purpose specification and further processing limitations in sections 13 and 15 of POPIA.
11.3 The Company does not collect, view, or store your full card number, CVV, or PIN. Such data is collected and processed directly by PayFast as an independent responsible party (or operator, as applicable) under POPIA, in accordance with PayFast's own privacy and security policies.
11.4 Where the Company shares Personal Information with PayFast for the purposes of processing a Transaction, this constitutes a lawful operator relationship and/or a justified disclosure under section 11 of POPIA, being necessary for the performance of a contract to which the User is a party.
11.5 The Company implements appropriate, reasonable technical and organisational measures, as required by section 19 of POPIA, to secure the integrity and confidentiality of Personal Information in its possession or under its control, and to prevent loss, damage, unauthorised destruction, and unlawful access to or processing of such information.
11.6 In the event of a reasonable belief that Personal Information relating to a User has been accessed or acquired by an unauthorised person, the Company will notify the Information Regulator and affected Users as soon reasonably possible, in accordance with section 22 of POPIA.
11.7 A User has the rights afforded under Chapter 3 of POPIA, including the right to request confirmation of whether the Company holds Personal Information about them, to request access to and correction or deletion of such information, and to object to processing, subject to the exceptions and limitations set out in POPIA. Requests may be directed to the Company's Information Officer using the contact details in clause 21.
11.8 The Company will not retain payment-related Personal Information for longer than is necessary to achieve the purpose for which it was collected, or for longer than is required by applicable law (including tax, FICA, and financial recordkeeping legislation), whichever is longer, in accordance with section 14 of POPIA.
12.1 Where the Company is a registered VAT vendor, it will issue a valid tax invoice in respect of each Transaction in accordance with section 20 of the Value-Added Tax Act 89 of 1991 and applicable SARS requirements, either electronically or in such other format as SARS permits.
12.2 Tax invoices and Transaction records will reflect, at minimum, the Company's name, address and VAT registration number (where applicable), the User's details to the extent required, a description of the goods or services, the price, the VAT charged, and the date of the Transaction.
12.3 The Company will retain Transaction and invoicing records for the minimum period prescribed under the Tax Administration Act 28 of 2011 and other applicable South African legislation, currently five years from the date of the relevant record, unless a longer period is required by law.
12.4 Users requiring a corrected or reissued tax invoice may contact the Company via the channel in clause 21.
13.1 To the extent that the Company or its payment arrangements fall within the scope of "accountable institution" obligations under FICA, or where PayFast or a banking partner requires client identification and verification, the Company and/or PayFast may request identification and verification documentation from Users in accordance with FICA and the Financial Intelligence Centre's Directives and Guidance Notes.
13.2 The Company reserves the right to decline, delay, or reverse a Transaction, and to report a Transaction to the Financial Intelligence Centre where required, if it reasonably suspects that the Transaction is connected to money laundering, terrorist financing, proliferation financing, or any other unlawful activity, as contemplated in sections 28 to 29 of FICA.
13.3 The Company will treat any information obtained for FICA compliance purposes as confidential and will only use or disclose it as permitted or required by FICA and other applicable law.
14.1 Users may not attempt to gain unauthorised access to, interfere with, or impair the integrity or availability of any Platform, payment system, or data hosted thereon. Such conduct may constitute an offence under the Cybercrimes Act 19 of 2020, including unlawful access to data (section 2), unlawful interception of data (section 3), and unlawful acts in respect of software or hardware tools (section 6).
14.2 Users may not use a Platform to transmit malware, conduct phishing, engage in card testing, use stolen or cloned Payment Instruments, or otherwise facilitate cyber fraud, extortion, or any offence under the Cybercrimes Act, ECTA, or the common law.
14.3 The Company will cooperate with the South African Police Service, PayFast, and relevant financial institutions in investigating and, where appropriate, reporting suspected cybercrime or payment fraud in accordance with applicable law.
14.4 The Company maintains reasonable technical safeguards, including encryption in transit, restricted access controls, and monitoring, to protect its Platforms and payment integrations from unauthorised access, consistent with its obligations under POPIA and prevailing industry practice, without warranting that such safeguards render any Platform entirely immune from compromise.
15.1 In accordance with sections 11 to 15 of ECTA, data messages (including Transaction logs, Confirmation of Payment notices, and electronic invoices) generated or retained by the Company or PayFast are admissible as evidence and may not be denied legal effect solely on the grounds that they are in electronic form.
15.2 The Company's electronically generated Transaction records, in the absence of manifest error, constitute prima facie proof of the details of a Transaction between the Company and a User.
15.3 Notices, confirmations, invoices, and other communications relating to a Transaction may be given to a User electronically, including by email or in-Platform notification, and are deemed received in accordance with section 23 of ECTA, unless the contrary is proven.
16.1 To the extent that a User is a "consumer" as defined in the CPA, nothing in these Payment Terms limits, excludes, or is intended to limit or exclude, any right conferred on that User by the CPA, including but not limited to the right to fair, just and reasonable terms (section 48), the right to plain and understandable language (section 22), the right to receive notice of any provision that limits the Company's liability or assumes risk on the part of the User (section 49), and the right to demand quality service and goods that are reasonably suitable for the purpose for which they are intended (sections 54 and 55).
16.2 Any provision of these Payment Terms that purports to limit the Company's liability, constitutes an assumption of risk by the User, imposes an obligation on the User to indemnify the Company, or constitutes an acknowledgement of a fact by the User, is drawn to the User's attention in accordance with section 49 of the CPA, and the User confirms that they have had a reasonable opportunity to review such terms before accepting them.
16.3 If any provision of these Payment Terms is found by a court, the National Consumer Tribunal, or the Information Regulator (as applicable) to be unfair, unreasonable, or unjust under the CPA, or unlawful under POPIA, that provision will be severed and the remainder of these Payment Terms will continue to apply.
17.1 To the maximum extent permitted by applicable law, and without limiting any right a User has under the CPA that cannot lawfully be excluded, the Company shall not be liable for any indirect, special, incidental, or consequential loss or damage arising from or in connection with a Transaction, including loss of profit, loss of data, or business interruption, save where such loss arises from the Company's gross negligence or wilful misconduct.
17.2 The Company shall not be liable for any loss or damage arising from acts, omissions, delays, errors, or system failures on the part of PayFast, a User's bank or card issuer, a card scheme, or any other third-party financial institution or payment infrastructure provider, over which the Company has no direct control.
17.3 Nothing in these Payment Terms excludes or limits liability that may not lawfully be excluded or limited under the CPA, POPIA, or any other applicable South African legislation, or liability for death or personal injury caused by the Company's negligence, or liability arising from fraud.
18.1 You indemnify and hold the Company harmless against any direct claim, loss, liability, cost, or expense (including reasonable legal costs) arising from your breach of these Payment Terms, your unlawful or fraudulent use of a Payment Instrument, or your provision of false or misleading information in connection with a Transaction, save to the extent such claim, loss, liability, cost, or expense arises from the Company's own negligence, wilful misconduct, or breach of applicable law.
19.1 The Company may suspend or terminate a User's access to payment functionality on a Platform, with or without notice where reasonably necessary, where it reasonably believes a Transaction is fraudulent, unlawful, or in breach of these Payment Terms, PayFast's terms, or applicable law, including FICA, the Cybercrimes Act, or sanctions and anti-money-laundering requirements.
19.2 Save in cases of suspected fraud, unlawful conduct, or a requirement imposed by PayFast, a regulator, or applicable law, the Company will give the User reasonable prior notice of any suspension or termination materially affecting a paid, active subscription.
19.3 Termination of these Payment Terms does not affect any rights or obligations of either party that have already accrued as at the date of termination, including the Company's right to receive payment for services already rendered and the User's right to a refund lawfully due.
20.1 Neither party shall be liable for any failure or delay in performing its obligations under these Payment Terms to the extent that such failure or delay is caused by an event beyond its reasonable control, including but not limited to load-shedding or national electricity supply disruptions, internet or telecommunications outages, acts of God, war, civil unrest, governmental action, or failure or unavailability of PayFast's, a bank's, or a card scheme's systems.
21.1 Users may direct payment-related queries, complaints, or POPIA-related requests to the Company at: admin@moonlightergroup.co.za, or in writing to the Company's registered address at Pretoria, Gauteng, South Africa.
21.2 The Company's Information Officer, appointed in accordance with section 55 of POPIA, may be contacted at admin@moonlightergroup.co.za for any request relating to the processing of Personal Information.
21.3 Where a complaint relating specifically to the processing of a payment or PayFast's services cannot be resolved by the Company, the User may also contact PayFast directly via www.payfast.co.za.
21.4 A User who is not satisfied with the Company's response to a POPIA-related complaint may lodge a complaint with the Information Regulator of South Africa (contact details available at www.justice.gov.za/inforeg), and a User who is not satisfied with the Company's response to a consumer-related complaint may approach the National Consumer Commission or an accredited consumer protection ombud.
22.1 The Company may amend these Payment Terms from time to time to reflect changes in law, PayFast's requirements, SARB or SARS requirements, or the Company's business practices. The updated version will be published on the relevant Platform with an updated "Last Reviewed" date.
22.2 Save as provided in clause 6.5 regarding pricing changes, material amendments will take effect 10 Business Days after publication, or such other period as required by applicable law, and your continued use of the payment functionality of a Platform after that date constitutes acceptance of the amended Payment Terms.
23.1 Governing law and jurisdiction: These Payment Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South African courts, without prejudice to a consumer's right to approach the National Consumer Tribunal, the Information Regulator, or another statutory forum with competent jurisdiction.
23.2 Severability: If any provision of these Payment Terms is held to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
23.3 No waiver: No failure or delay by the Company in exercising any right under these Payment Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that or any other right.
23.4 Entire agreement: These Payment Terms, together with the applicable Platform's Terms of Use, Privacy Policy, and any specific product or refund policy referenced herein, constitute the entire agreement between the User and the Company in respect of payments, and supersede all prior discussions, representations, or agreements on that subject, save for any representation that would constitute fraud if excluded.
23.5 Assignment: The Company may cede, assign, or delegate its rights and obligations under these Payment Terms, in whole or in part, to a third party, including in connection with a merger, acquisition, or corporate restructuring, provided that the User's rights under applicable consumer and data protection law are not diminished as a result.
23.6 Language: These Payment Terms are drafted in plain and understandable English in accordance with section 22 of the CPA. Should these Payment Terms be translated into another official South African language, the English version shall prevail in the event of any conflict.
| Document Owner | Moonlighter Group Compliance Division |
| Approved By | Moonlighter Group (Pty) Ltd |
| Effective Date | 01/02/2026 |
| Applicable Platforms | Moonlighter Group Platforms |