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PAYMENT TERMS OF USE
PAYMENT TERMS OF USE
This User Privacy Notice is effective from January 1, 2024.
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.
