PAYMENT TERMS OF USE

INTRODUCTION

The terms under which the Snowtrack Payment listed below provides you with Payment Services in connection with your use of the Snowtrack Services are outlined in these Payments Terms of Use. The User Agreement that applies to you will still govern how you use Snowtrack Services. The User Agreement's definitions apply to capitalised terms used in these Payments Terms of Use that are not otherwise defined. The terms governing your use of the Snowtrack Services may be found in the relevant User Agreement, associated Snowtrack, or other agreements between you and us. You acknowledge that these Payments Terms of Use replace any and all such conflicting rules with regard to our Payment Services. By using or utilising our payment services, you agree to abide by these terms of use. If you find any aspect of these Payments Terms of Use offensive, please refrain from using Snowtrack to post products for sale.

I. GENERAL PAYMENT TERMS
All Payment Services you get from the Snowtrack Payment Entities (sometimes referred to as "we" or "us" collectively in this Part) are subject to the Payments Terms of Use.
1. About Payments on the Snowtrack Services

By using the Snowtrack Services, you consent to have the Snowtrack Payment Entities handle the execution or receipt of payments on your behalf and the settlement of any associated payments owed to you (referred to as "Payment Services," or similar titles)..

Buyers may pay for your items using payment methods such as the following, the availability of which may vary-
• DPO (MTN,MOMO, MPESA, ORANGE)- USD for buyers 
• PAYNOW-ZIG AND USD (inclusive of bank to bank transfers, MASTERCARD, VISA)
At our sole discretion, we have the right to change the range of acceptable payment options.

The customer and you directly negotiate the terms of the underlying contract for the buyer's purchase of "items" from you, which could include products and/or services.

You'll get a notification once a payment transaction has taken place verifying it. The proceeds that you have received will be deposited into your linked financial account by us. We have the right to recover any payments that are incorrectly paid to you or that you receive at the time of distribution that you are not otherwise entitled to.

Sellers will receive their money within 48 hrs to their linked financial account upon request. We will only hold funds on transactions that involve big amounts for example cars.

Payout Currency
The currency that we will use to transfer the results of your transaction to your linked financial account is known as your "Payout Currency." Unless you and we agree differently, we will typically choose the following as your payout currency:

• If you are a seller and the buyer has purchased using ZIG your cash out currency will be ZIG.
• If you are a seller and the buyer has purchased using USD your cash out currency will be USD;
• If you are a seller and the buyer has purchased using USD OR ANY OTHER CURRENCY your cash out currency will be USD.

Payout options
No money will be transferred to another account the payout will be processed by the bank.
In the disbursements of funds, there is USD$ 8.50 liquidation fee for Paynow as our payment gateway in every $USD 50.00 which is the current liquidation amount. Sellers will split using the ratio system depending on the amount each seller has if the amounts reach liquidation levels. (For example if Seller A has $30-00 and seller B $20-00 worth of sales paid through paynow, it means USD$8.50 will be shared in that same ratio of 30:20 respectively).

For sellers to be able to make a request for withdrawal, the following is applicable:
1. Duration of payment (payout) to sellers will be dependent on the payment method/gateway used by the buyers. If the buyers use DPO pay as the payment method the money can be requested within 48 hours by the seller. If the buyer chooses Pay now as the payment method, there's a liquidation threshold of $50-00 which is mainly set by taking into account liquidation fee of $8.50. In the event that the seller wants to withdraw the amounts without reaching the liquidation after confirming how many sales have been done through Pay now, they can request the available amount given that they will cover the charge of their part of the liquidation fee. (For example if there's USD$30-00 in the Pay now account and the seller wants to withdraw $20-00, they will have to settle their fair share of the USD$8.50).
2. For ZIG, we are still working on integrating it. The users will be notified in due course. 

We may enable further Payout Currencies at our sole discretion in the future.

NB: THE BUYER MUST NOTIFY US OR CONFIRM THE RECEPTION OF GOODS THROUGH MESSAGING, EMAIL veliledube03@gmail.com or nyathitolvish@gmail.com WHATSAPP PLATFORM (+263712546523/+263776381534) BEFORE WE DISBURSE FUNDS TO THE SELLER.  WE MAY CHANGE HOW THESE NOTIFICATIONS ARE MADE, FOR EXAMPLE INTERGATED TO OUR WEBSITE. THE FAILURE TO NOTIFY BY THE BUYER, IF THERE ARE NO COMPLAINTS RECEIVED, IT WILL NOT AFFECT ANY PAYOUT REQUEST BY THE SELLER.

2. Transaction Fees

Sellers If it's an internal transfer CABS to CABS (Bank costs 1% minimum of 0.50c max of 3usd  plus 2% IMTT) per transfer. If its an external CABS to other BANKs (3usd plus 2% IMTT) that will be covered by Sellers in every withdrawal.

3. Buyers
• Buyers will only be charged by the payment gateways that we use which are DPO Pay and Paynow.
• There will be no charges by Snowtrack 

4. Seller Onboarding
In order to use our services, you must register and accept these Payments Terms of Use. 

To set up and use your Snowtrack account for Payments, you must:
• Link a financial account, so you may receive settlements of proceeds from Payments to this account (“Linked Financial Account”). The seller must have a bank account (ZIG AND USD) with registered bank.
• You may change your Linked Financial Account at any time. Payouts will be made to your new Linked Financial Account subject to:
◦ (i) your completion of the Linked Financial Account verification process, and 
◦  the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations.

After you have finished the verification process, our assessment normally takes five (5) working days. If there are any problems or abnormalities, it may take longer, in which case it will be finished as soon as possible. You guarantee and indicate that any Linked Financial Account you link to your Snowtrack account is legitimately yours, or that you have permission to use it.
• Give us all the information we might need to authenticate your identification, abide by applicable anti-money laundering regulations, handle settlements of the proceeds from your transaction, and evaluate fraud and risk. In the event that you are an individual, your data might consist of your complete name, address, phone number, date of birth, bank account details, and a copy of a government-issued ID (such as a driver's licence or identity card). If you are a business, the information may include, but is not limited to, your full business name, address, phone number, entity type, bank account information, and business number; additionally, details about your beneficial owner(s), director(s), officer(s), authorised representative, and/or primary contact, including name, contact information, nationality, title, and government-issued. When using Payments, provide us all the information we need to verify your identity, which can involve verifying your email address or phone number. You acknowledge that without this information, we might not be able to carry out specific requests or transactions.
• Consent to our periodic updating of such stored information based on information provided by you, your bank, or other payment service providers, promptly maintain the accuracy of the information we have on file. You will only tell us about settlement or payment options that you are permitted to utilise. You are aware that in order to continue using Payment Services, you might have to go through the on-boarding process again, either partially or completely, if your information changes.
• In relation to your use of the Snowtrack Services, abide by all applicable laws, regulations, rules, and terms and conditions, and do not permit any third party to do so. You are aware that certain third parties (banks, credit and debit card issuers, networks, and providers of payment services, for example) may impose additional terms and conditions on you or the buyers regarding the payment or settlement methods you choose to use in relation to payments that we handle. These additional terms and conditions may include those pertaining to chargebacks, prohibited items, overdrafts, and the settlement of funds.
You give us and our Affiliates permission to review the data you submit to us, including to confirm the validity of your bank account and to get reports from or contrast your data with those from other sources. These outside sources could be banks, credit bureaus, data brokers, and other service providers, among others. In the event that we are unable to collect or verify any of this information, we have the right to limit, suspend, or close your account or to remove your access to Payments. We disclaim all liability for any damages you may incur as a result of providing false or incomplete information.

5. Returns, cancellations and chargebacks.

5.0 The defaulting party will bear the costs of refunds, cancellations and returns. In the event that the buyer is in default, it may fall within the discretion of the seller to settle the costs related to refunds.

5.1 The recipients must check their goods thoroughly before collection to avoid collection of non-conforming goods. The Recipients are expected to check their goods for conformity before leaving warehouses or shops. In the event that there is an alternative shop with the conforming goods, the buyer may be encouraged to collect goods from the next shop, which matches the description and pricing.

5.2 It is encouraged that cancellations be done at payment point before payments. In the event that a purchase (payment) has already been made and the buyer decides to get a refund, they may do so at their own expense. Thus the buyer will bear costs if the reason for withdrawal, has nothing to with the defective and non-conforming goods. In the event that they are conforming goods and the buyer decides to get a refund they will bear the transactional costs associated with the refund unless the seller act in terms of clause 5.0.

5.3 Charge backs

1. Chargeback Rights and Responsibilities:
• If a customer feels that goods are not conforming and defective they may contest the charges and request a chargeback.
• To prevent chargebacks, sellers must give genuine and accurate product descriptions to ensure conformity and must make sure that their goods are not defective (both in storage and expiry).

2. Settlement of Conflicts:
• The seller will be informed in the event of a chargeback and given the chance to present proof to refute the chargeback. This could include correspondence with the customer, product information, and evidence of collection.
• Before resorting to a chargeback, both parties are urged to settle disagreements amicably through our platform's dispute resolution procedure.
• For every dispute we must be contacted through vdube@snowtrack.shop, veliledube03@gmail.com or nyathitolvish@gmail.com.
NB: We encourage buyers to notify our customer support team of any suspicious activity or suspected fraudulent listings so that they can be looked into further.

3. Adherence to Laws:
The purpose of this chargeback policy is to abide by Zimbabwean laws and regulations. The applicable laws of Zimbabwe will govern any disputes resulting from chargebacks.

6.0 Fines, Penalties and Losses

There will be penalties in the event that the seller is found with defective and non-conforming goods. After an investigation has been made and is found that the seller has sold defective and non-conforming goods, for every dispute the seller will be charged $USD 20. The chargeback amount is taken out of the seller's account and they can also be assessed a dispute fee if they lose the dispute. In the event that the seller prevails, there is no dispute fee and they keep the money.

Payments for things that are banned or forbidden won't be handled by us. Ascertain that your item conforms to Snowtrack's policies, relevant laws, and any further limitations imposed by credit card organisations, network policies, or third-party payment service providers that we may utilise, before listing it.

You undertake to indemnify and pay us for all reversals, chargebacks, claims, charges, losses, damages, fees, fines, penalties and other liabilities and expenditures incurred by us or taken against us by a third party arising out of 
(a)Any violation of Snowtrack's policies or these Payments Terms of Use;
(b) Any infringement on any law or third party's rights; or
(c) Any transaction we process on your behalf for an item or service you listed on Snowtrack (including, but not limited to, the accuracy of your item description or any claim or dispute arising out of items or services offered or sold by you)..

Holds

As explained in more detail below, we reserve the right to manage the risks involved in offering you the Payment Services, including the right to impose restrictions on your ability to access your funds as we see fit.

You accept that, before your funds are disbursed, we may put holds on them or give instructions to a payment service partner to do so. We'll let you know via the Snowtrack Message Centre and/or email, and depending on the situation, we could ask for more details from you to help us fix it. If we have good reason to think that there is a higher risk involved in providing our payment services—for instance, if we are unable to confirm your identification or if your buyer raises a dispute—we may impose an immediate hold on your account. When evaluating the risks, we take into account pertinent variables such as transaction value, selling history, seller performance, chargebacks, returns and cancellations, listing category risk, and the capacity to initiate direct debits from your linked financial account. If necessary, we may also halt or cancel the settlement of your funds in order to fulfil our legal responsibilities related to risk management, fraud prevention, or regulatory compliance. Your cash will no longer be held until the problem is fixed.

We have no control over the delays that may occasionally occur when funds are deposited to your linked financial account due to your bank's holds and settlement processes.

Our Liability

When unforeseen and unusual events outside our control result in payment transactions that are unauthorised, wrong, unexecuted, or delayed, we are not responsible for them, provided that we have taken reasonable safeguards and/or complied with our legal duties.

Signature

If applicable law permits, we may consider your approval of these Payments Terms of Use as the same as your signature in cases where we need to obtain it to comply with anti-money laundering and/or other regulatory obligations.

7. Security; Third-Party Payment Services Providers; Data Protection

Security

You understand the significance of the security controls we implemented for payments. Subject to Snowtrack's seller protection measures, you are in charge of keeping all passwords, codes, or other login credentials that are used to access your Snowtrack account and the associated Payment Services secure. You are also in charge of any transactions or other actions that are carried out using your Snowtrack account.

You must contact us right once at vdube@snowtrack.shop, veliledube03@gmail.com and nyathitolvish@gmail.com if you become aware of any unauthorised payment transactions, delayed transactions, or improperly completed transactions..

Third-Party Payment Services Providers

In order to help us provide payments, we might work with outside payment service providers (such as businesses that handle payments and settlements, carry out risk analyses or compliance checks, authenticate identities, or approve payment or settlement methods). We might process your data and give it to these outside parties. By using these third-party service providers, you expressly agree to our using their services, as well as any associated data transfers and processing. You hereby relinquish any right to professional secrecy where appropriate so that we can pay you. The relevant Snowtrack Payment Entity is nonetheless liable to you for the performance of the services covered by these Payments Terms of utilise, even if we utilise outside service providers.

8. Collection of Fees and Other Amounts You Owe

In accordance with these Payments Terms of Use, the User Agreement, any other service contract, policy, agreement, or as required by law, you give us permission to collect from you any amounts you owe us or our Affiliates (specifically, the Affiliate that offers you the Snowtrack Services) (referred to as "Owed Amounts"). Typical Owed Amounts consist of the following:
▪ Fees;
▪ Costs pertaining to your use of our services or those of our Affiliates, if any, as mandated by law; and
▪ Amounts that we erroneously paid to you as a result of a payment processing error or for other reasons.

9. Amendment

All sellers
We reserve the right to modify these Payments Terms of Use and may do so by sending you written notice of the changes (for instance, by updating this page on our website). Prior to the change's planned effective date.

10. Assignment
We may assign our rights and obligations under these Payments Terms of Use at any time, for any reason, and we will notify you in such a case..

II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY SNOWTRACK

The following terms and conditions apply to the Payment Services you receive from Snowtrack in addition to the General Payments Terms mentioned above. "We" or "us" in this section refers to Snowtrack. Insofar as it relates to this agreement, the terms of the User Agreement are incorporated herein by reference into the Payments Terms of Use between you and Snowtrack. These Payments Terms of Use shall take precedence over the User Agreement in the event of any controversy.

We may change, discontinue, enhance, or modify features of Payments at any time.

Regardless of whether we actually settle the payment with you, a buyer's duty to you in the amount of the payment received is satisfied when we receive it from them. You will only have recourse against us and not the buyer in the event that we fail to make the payment to you as specified in these Payments Terms of Use. This is because the payment is considered to have been made by the buyer to you at the time it is received by us. You acknowledge and agree that we shall not be liable for your activities or omissions, to the extent permitted by the laws of any third party or governmental agency having jurisdiction over us.

Receipt and Settlement of funds

You'll get a notification once a payment transaction has taken place verifying it. Your transaction may occasionally be refused, blocked, or held for any reason, such as fraud suspicion, high risk or possible regulatory violations, adherence to trade or economic sanctions, Snowtrack, or a third-party payments service provider's policy.

The proceeds obtained will be settled to your linked financial account by us. Unless otherwise requested by you and agreed to by us, the proceeds from your transactions, excluding those held in accordance with these Payments Terms of Use, will be aggregated to a daily batch for settlement to you on a regular basis (e.g., a single daily settlement for all transactions ready for disbursement to you that day). The payment transaction proceeds are expected to be paid to your linked financial account about 48 hours after the withdrawal request is made. However, the actual settlement dates for individual transactions may differ depending on factors including the processing timings of your bank.

When necessary, we may deviate from this protocol for operational or compliance concerns. If we are unable to settle the Payments proceeds, we may, in accordance with applicable law, process these funds in another way or refund the buyer (for example, if we are unable to process your information due to technical difficulties or if you violate these Payments Terms of Use).

Authorization for Collection of Owed Amounts

By using your linked financial account or any other payment method you have on file with us, you hereby give Snowtrack permission to debit or charge any outstanding balance. Your consent will stay in full force and effect until, whichever comes first: your Snowtrack account is closed or terminated; or we receive from you any written notice rescinding such consent.

In order to satisfy any and all obligations or liabilities you owe to Snowtrack or its applicable Affiliate in connection with your use of Payments and Snowtrack Services for the sale of goods or services to your Buyers, you hereby irrevocably sell, assign, grant, convey, and transfer to Snowtrack and its Affiliates, as applicable, all of your rights, title, and interests in any and all accounts receivable, money payments, and general intangibles owed in your favour.