Jam Terms & Conditions

JAM TERMS AND CONDITIONS OF USE

1. GENERAL
1.1. These Terms and Conditions apply to the use of the JAM application and related features.
1.2. By accessing, registering and using any of the JAM application features, you indicate your acceptance of these Terms and Conditions.
1.3. Please read these Terms and Conditions carefully and store them in a safe place.
1.4. You must contact JAM if you do not understand any part of this document.
1.5. The JAM call centre can be reached on +27 10 100 0111

2. DEFINITIONS
2.1. “Call Centre” means JAM’s customer service centre.
2.2. “Cashback Transaction” means a transaction where a JAMMER withdraws cash from the JAM JAR at a participating retail store. A Cashback is an agreement concluded between a Jammer and a Retail Store in terms of which the Jammer withdraws cash from his her JamJar.
2.3. “Cash-out Transaction” means a transaction where the recipient of a Send Money transaction withdraws cash at a participating retail shop or Jam Agent, where the recipient has not enrolled for a JamJar. By using this service no legal relationship is created between the recipient and JAM.
2.4. “FICA” means Financial Intelligence Centre Act.
2.5. "JAM", means Jam Money for All (Pty) Ltd, a company registered in South Africa with Registration Nr. 2015/340133/07 as well as any contracted service provider.
2.6. "JAM APP", means the JAM application with all related features including but not limited to the JAM JAR and JAMCHAT.
2.7. "JAMCHAT" the social media communication facility of JAM application allowing the user to communicate and share files and media with other JAM users and communicate with mobile phones and landlines.
2.8. "JAM JAR", means the JAM pre-funded e-Wallet functionality available on the JAM application.
2.9. "JAM RETAIL STORES" means a shop or retailer that has contracted with 2D South Africa (Pty) Ltd and JAM (or intermediary appointed by JAM) and can facilitate transactions with Jammers, including 2D transactions and has signed up for the JAM loyalty rewards program.
2.10. "JAMMER" means a registered user of the JAM App and Services
2.11. "JAM BENEFICIARY ORGANISATION" an organisation nominated by the JAMMER that benefit from the JAM loyalty rewards program.
2.12. "PIN" means the Personal Identification Number
2.13. “2D” means 2D South Africa (Pty) Ltd (Registration Number 2014/107777/07) a company duly registered and incorporated, with limited liability, according to the company laws of South Africa that is licensed and authorised by the 2D Group to provide 2D Payment Services.
2.14. “2D Payment” means a transaction entered into between you and a shop or retailer, e.g. where you make a payment for purchases using 2D. Once a 2D transaction has been approved by a Jammer, it cannot be reversed or charged back.
2.15. “2D Transaction” means any transaction facilitated by 2D South Africa (Ltd) which can include but is not limited to a 2D payment, a cash deposit or a cashback transaction,
2.16. “Recipient” means the party who receives funds as a result of a “Send Money” transaction executed by a Jammer.
2.17. “RICA” means RICA or the Regulation of Interception of Communication Act is a new law that has been passed by the South African government that makes it compulsory for everyone to register all new and existing mobile phone numbers.
2.18. “Send Money Transaction” means a transaction executed by a Jammer whereby funds are sent to a recipient’s mobile phone number or another Jammer’s JamJar.
2.19. "You" and "Your" means the JAMMER
2.20. “VoIP” means Voice over IP and is a methodology and group of technologies for the delivery of voice communications and multimedia sessions over Internet Protocol (IP) networks, such as the Internet.
2.21. "We" or “Us” means JAM.
2.22. “Wi-Fi” means a facility allowing computers, smartphones, or other devices to connect to the Internet or communicate with one another wirelessly within a particular area.
2.23. “2D Rules” means terms and conditions of use published from time to time by 2D.

3. JAM SERVICES
JAM services are included but not limited to the following:
3.1. The JAMCHAT communication service
3.2. The JAM JAR and related services
3.3. Send and Receive Money services
3.4. Cashback at participating retail stores
3.5. Use the 2D payment mechanism to pay for goods and services at participating retail stores
3.6. Buy Value added services such as airtime, electricity and data
3.7. Participate in earning loyalty rewards for you or your nominated Beneficiary Organisation

4. JAMMERS
4.1. You are a JAMMER if you have opened a Jam Jar with us, provided us with the required KYC (Know Your Customer) information, that is your identity number, name and surname, and where this information has been verified against your South African Identity document. In the case of a minor an additional application form must be completed and signed by the parents or guardian before a JAM JAR can be activated for a minor.
4.2. You must provide complete and accurate information.
4.3. The application may be declined at JAM’s discretion.
4.4. If you cannot provide satisfactory proof of identity, JAM may decline your application.

5. AUTHORISED USE
5.1. You are the only person who may use the JAM JAR registered to you.
5.2. You use the JAM JAR at your own risk, and JAM will not be responsible for any loss, theft or fraud resulting from the use of the JAM JAR.
5.3. The safekeeping of your PIN is your responsibility.
5.4. You must notify the JAM call centre as soon as possible if your phone is lost or stolen and/or if you suspect that your PIN might have been compromised in any way.

6. THE JAM JAR
6.1. You can load your JAM JAR with an electronic monetary value.
6.2. JAM Money for All may refuse to load funds you transfer to your e-wallet if you have not completed the necessary FICA process, or if JAM has any legal or regulatory reason to decline these funds.
6.3. If you deposit into your JAM JAR using a cheque or negotiable instrument, the relevant amount will be available only after the cheque or other negotiable instrument has been honoured by your bank.
6.4. We will keep records of the funds in your JAM JAR as well as transactions processed through your JAM JAR.
6.5. Should you lose your phone or should you change to a new mobile number, it is your responsibility to contact the JAM call centre immediately.

7. AUTHORISATION TO DEBIT YOUR JAM JAR
7.1. You hereby authorise JAM to debit your JAM JAR with the value of:
7.1.1. All 2D payments to retail stores for purchases made by you using your JAM JAR;
7.1.2. Any instruction from the JAM JAR, be it electronic or otherwise;
7.1.3. The standard transaction fees in respect of the JAM JAR as notified to you from time to time by the JAM;
7.2. A 2D payment made to a shop or retailer for any transaction is final and irreversible.
7.2.1. JAM is unable to reverse or charge-back any 2D payment once it has been authorised by the Jammer.
7.2.2. Any dispute with a shop or retailer regarding a refund should be resolved by you with that shop or retailer directly.
7.2.3. When paying for goods at a shop or retailer, you will be requested to confirm the 2D Payment before the transaction is processed. It is your responsibility to ensure that the payment details are accurate before authorising the 2D Payment.
7.2.4. 2D Payments will be made to shops or retailers regardless of any product disagreement you may have with them.
7.2.5. JAM will not be liable if a shop or retailer refuses to accept or honour your 2D Payment from your JAM JAR.
7.2.6. JAM will not be liable for the quality of goods or services purchased.
7.2.7. We will not get involved with any disputes between yourself and any recipient regarding any 2D payments made.

8. TRANSACTION HISTORY
8.1. Your transaction history may be accessed via the JAM JAR’s Mini Statement facility or on the internet facility available at m.jam4all.co.
8.2. If you believe that your transaction history contains an error you must notify JAM of the error in writing to customersupport@jam4all.co. Should notification not be received within 30 (thirty) days, JAM will not be liable for correction of the error.

9. APPLICABILITY OF 2D RULES
9.1. Where relevant, 2D Rules apply to the contractual relationship between you and JAM, and such rules form part of these terms.

10. JAM SEND MONEY SERVICE
10.1. When you send funds to a recipient using the JAM JAR Send Money service to a recipient who has not enrolled for a JamJar, you instruct us, and agree to allow the recipient to withdraw cash for all of the funds received from the sender at participating JAM retail stores.
10.2. When you use the JAM JAR Send Money service to send money to a recipient who has not enrolled for a JamJar, you understand that there is no agreement between us and any recipient that you nominate to access the funds. The recipient referred to is the person to whom you send the money using the JAM JAR Send Money service. JAM only facilitates the transaction based upon the instruction given to JAM.
10.3. We will not be party to any dispute between you and any recipient or you and any third party product or service provider.
10.4. When using the JAM Send Money service, it is your responsibility to ensure that the correct recipient mobile phone number is used before sending the funds and that the correct sum of money is transferred.
10.5. We will send an SMS to the recipient notifying the recipient of the fact that the funds are available. Before you send the money, it is your responsibility to inform the recipient that you will be sending money to him/her. You must also let the recipient know to expect the funds before you send him/her funds using the service.
10.6. Where the recipient has not enrolled for a JamJar, it is important that you explain to the recipient that he / she must safeguard the information received in the Send Money notification.
10.7. Where a recipient without a Jam Jar receives money from you through a Send Money transaction, and where the recipient does not claim any of the funds or enrol for a JAM JAR within 30 (thirty) days of you sending the money, we will cancel the Send Money instruction, and return the funds to your JAM JAR.
10.8. Should the recipient’s mobile phone number have changed in any way, JAM will not transfer the JAM JAR to the new mobile phone number
10.9. We may reverse a transaction upon you requesting us to do so. Any reversal of a transaction will only be possible if the recipient has not accessed the money in any way. Should the recipient have accessed a portion of the money, the reversal will only apply to the funds remaining. JAM has the right to approve or refuse any reversal at its own discretion. Any reversal must be requested through the JAM call centre within 10 (ten) business days. JAM will charge a fee for reversing a Send Money transaction. We will not refund you the Send Money transaction fee if you ask us to reverse the transaction.
10.10. JAM will not be held liable by you or the recipient for any transactions in circumstances which include but are not limited to:
10.10.1. Funds accidentally transferred to the wrong cell phone number.
10.10.2. The mobile number of the recipient has changed.
10.10.3. A Send Money instruction was duplicated by you.
10.10.4. Illegal and fraudulent use or swap of recipient’s sim card.
10.10.5. Any unauthorised transactions by any person other than the recipient.
10.10.6. Loss or accidental disclosure of JAM JAR security information.
10.10.7. Churning and re-allocation of a mobile phone number under the RICA process.
10.10.8. If the recipient may not be legally entitled to the funds for any reason.
10.11. We will not be responsible to you or the recipient if the recipient loses or accidentally discloses any JAM JAR information, including the secret code sent to the recipient to enable them to withdraw cash at a retail store.
10.12. We will not be responsible to you or the recipient or any other person if the funds are accessed by a third party because the mobile phone number was churned and re-allocated under the RICA process.
10.13. We cannot guarantee that the recipient will receive the notification message since this depends on the service of the mobile network operators. We are not liable for any loss or damage caused to any person (directly or indirectly) because of the operation of, failure, or malfunction of third party systems or communication devices.

11. CASHBACK AT PARTICIPATING RETAIL STORES
11.1. A JAMMER can do a cashback transaction at participating retail stores to obtain cash from the Jam Jar. To see what limits apply and at which retail stores a cashback transaction can be performed, visit www.JAM4all.co.
11.2. A cashback transaction at a retail store or Jam agent is an agreement concluded between a Jammer / recipient of a “Send Money” transaction and a retail store or Jam Agent in terms of which the Jammer or recipient of a “Send Money” transaction receives cash from the retail store or Jam agent and simultaneously transfers an amount equal to the cash received from his / her JamJar or clearing account to the retail store or Jam agent’s JamJar.

12. CASHOUT AT A PARTICIPATING RETAIL STORES
12.1. A recipient of a Send Money transaction can do a Cash-out transaction at participating retail stores. To see what limits apply and at which retail stores a Cash-out transaction can be performed, visit www.JAM4all.co.
12.2. A Cash-out transaction at a retail store or Jam agent is an agreement concluded between a recipient of a “Send Money” transaction and a retail store or Jam Agent in terms of which the recipient of a “Send Money” transaction receives cash from the retail store or Jam agent and simultaneously transfers an amount equal to the cash received from a clearing account to the retail store or Jam agent’s JamJar.

13. CASH DEPOSIT AT A PARTICIPATING RETAIL STORES
13.1. A JAMMER can do a cash deposit transaction at participating retail stores to deposit cash into his / her JamJar. To see what limits apply and at which retail stores a cash deposit transaction can be performed, visit www.JAM4all.co.
13.2. A Cash deposit transaction at a retail store or Jam agent is an agreement concluded between a Jammer and a retail store or Jam Agent in terms of which the Jammer gives cash to the retail store and simultaneously receives an amount equal to the cash given to the retail store into his / her JamJar from the retail store or Jam agent’s JamJar.

14. PRE-PAID SERVICES
14.1. A JAMMER can buy various pre-paid services from the JAM JAR.
14.2. The list of available pre-paid services can be accessed at www.JAM4all.co.
14.3. All available pre-paid services will also be displayed on your JAM app.
14.4. Pre-paid products purchased using the JAM JAR are sold under the product rules of the applicable Mobile Network or Wi-Fi Network operators and these terms and conditions do not supersede the purchase agreement between the Jammer and the applicable Network Operator.
14.5. A transaction concluded for the purchase of any pre-paid services cannot be reversed.
14.6. If a Jammer confirms in writing to JAM or a Jam Service Provider that a pre-paid services transaction from their JamJar was unsuccessful, the relevant Service Provider shall immediately investigate the instructions received from JAM. Any investigation shall be carried out within seven (7) days from receipt of instructions from JAM.
14.7. Once the Service Provider has finalised its investigation and has confirmation that the pre-paid services transaction was unsuccessful, the Service Provider shall refund the amount, including charges, to Jam. JAM shall then be responsible for refunding the Account holder the appropriate value.

15. JAM COMMUNICATOR (JAMCHAT)
Voice Calls
15.1. System and Supplier - JamChat is a messaging and phone service from a company based in South Africa. The supplier aims at providing a cost-effective and ubiquitous communication service which will adapt and grow and the right to change the service is reserved by the supplier and owner.
15.2. Personal use - The JamChat system is mainly aimed at facilitating a wide variety of affordable (mostly free) personal communication. Personal use of JamChat is defined as any electronic form of communication such as the sending and receiving of messages or the making of phone calls between two natural persons.
15.3. Commercial use and prohibitions - Although the system allows the sending of any messages of whatever nature, the use of the system to transmit unsolicited or marketing information of any sort is strictly prohibited. By using the system, the user and owner of the phone which is used to send the messages is bound by this statement and regulated by the Protection of Personal Information Act as well as the Consumer Protection acts in South Africa. Commercial use is available to enterprise or business customers with an established user base but it will never be used for unsolicited or illegal advertising commonly known as spam.
15.4. Protection of Personal Information – Unless required by law, the providers and operators of the JamChat system do not and will never provide information to any third party about its users, their phone numbers, their messages or to whom they send messages and about any of the content of the messages. The content of messages and detail about senders and receivers are not stored in any way after the messages have been transmitted.
15.5. Misuse guidelines - Users will be protected from illegal use such as spam by means of the enforcement of laws that exist for this purpose. Misuse is defined inter alia as sending information over the system which the receiver did not specifically request or which was not sent in the course of a genuine interpersonal communication sequence of JamChats. The decision whether misuse occurred will be taken by management at JamChat in its sole discretion and by using the system the user agrees to abide by such ruling. JAMCHAT reserves the full rights to allow or disallow use of the JAMCHAT service, completely at JAMCHAT's sole discretion
15.6. Misuse actions - If it comes to the attention of JamChat that misuse occurred, a warning will be issued by virtue of a JamChat message to the offending user. If misuse is found to reoccur, then JamChat reserves the right to disengage from that user and prevent further use of the system by that user for a certain period of time, to be determined by JamChat depending on the seriousness of the offense.
15.7. Blacklisting and banning - Recurring misuse, as defined internally by JamChat from time to time, will have the effect of banning and blacklisting the offending user's GSM phone number and publishing such numbers on the JamChat name and shame website. Removing the misuse information from the site and lifting the ban on the number will require the user to pay a fine imposed by JamChat and to publicly apologise for the transgression.
15.8. Internet connection - The use of JamChat requires a smart phone and an internet connection. The type of connection is not restricted however different services may require different connection speeds. For normal messaging a simple GPRS connection will suffice. To send bigger pictures or other files, a 3G or better connection will be suitable. For voice calls, a proper 3G or Wi-Fi connection is required. The internet connection is not supplied or regulated by JamChat. The acquisition of data or internet access is the responsibility of the user and the payment for the (minimal) data usage by the JamChat program will be for the account of the user as JamChat does not provide that at this stage.
15.9. Free and Low Cost Services - JamChat provides the following free and Low Cost services:
15.9.1. Free messaging (except minimal data usage not paid to JamChat) from JamChatter to JamChatter.
15.9.2. Free voice calls (except minimal data usage not paid to JamChat) from JamChatter to JamChatter and to participating VoIP vendors as announced from time to time. JamChat implements VoIP for voice calls which are routed to all possible telephones via a VoIP service provider. If the calls are made from JamChat to any other JamChat user, it will not incur any costs payable to JamChat or the VoIP service provider. If the calls are made to any of participating VoIP service providers' other services such as PBX office phone systems or the Web-Office/ pbx.net/ Cloudvoice hosted PBX systems, the calls will also not incur any charges from JamChat or the VoIP service provider.
15.9.3. Low cost voice calls to all destinations which are not on the participating VoIP networks. A JamChat user may elect to call another JamChat user on the other user's normal mobile phone number. Then JamChat / VoIP service provider charges will be deducted from the user's pre-paid balance at the low call rate of the JamChat VoIP service provider. The VoIP service can be used to make inexpensive calls to all telephones in the world but this requires payment for the calls.
15.9.4. Very low cost SMS messaging to all networks.
15.9.5. In certain cases, calls can be made from JamChat (under direct control of the user at the time) using the user's mobile phone number when the user is not in a physical area where the internet signal is good enough - then the user will incur the normal mobile operator charge. JAMCHAT does not charge the user for this convenience.
15.9.6. On the free service, JamChat will display very limited advertisements which are used to sponsor the free service to users. The commitment is that this will be kept as unobtrusive as possible, with an option always open to the user to convert to the prime service.
15.10. Prime Service - If the user prefers to use JamChat without receiving any advertisement, a minimal monthly fee is payable by the user and will be deducted off the user's account at the VoIP service provider at the beginning of the month. The user will then enjoy ad-free JamChatting for that specific month.
15.11. Calls via other Operators - In certain cases, calls can be made from JamChat (under direct control of the user at the time) using the user's mobile phone number when the user is not in a physical area where the internet signal is good enough - then the user will incur the normal mobile operator charge. JamChat does not charge the user for this convenience. In other cases, the user may elect to call the other JamChat user on the other user's normal mobile phone number. Then JamChat / VoIP service provider charges will be deducted from the user's pre-paid balance at the VoIP service provider at the low call rate of the JamChat VoIP service provider.
15.12. A right to use - JamChat reserves the full right to allow or disallow use of the JamChat service, completely at JamChat's sole discretion. Neither the existence and operation of the service, nor the user's involvement with the service at any time imposes any obligation on JamChat to continue service to the specific or any other users whatsoever. The Service is available to specific users at JamChat's sole discretion and best endeavours and there exists no obligation to provide service at any time. If any decision to change or discontinue the service is made, the users will not have grounds to dispute the rights of the operating company or the owners of the JamChat services / software to do so at their sole discretion and no amount of dependency or purported or actual losses or damages may be used to institute any claims or lawsuits against the operating company, its owners, management staff or contractors. No liabilities are accepted by anybody involved with JamChat at any time for any non-operational situations or any disruptions in any of the services whether in part or in total and by accepting the rights to use the service from the operating company or owners, the users accept this and commit not to attempt to dispute any of these disclaimers.
15.13. Privacy and Confidentiality - JamChat provides the messaging service on a one-time store and forward basis. It is JamChat's firm commitment that no personal data will be provided to any third party whatsoever, unless JamChat is required to do so by law. JamChat will use its best endeavours to secure user data and user message content at all times while it is traversing JamChat's systems or JamChat's connections. Users must be aware that internet connections are open to abuse and listening-in and any radio frequency or other connection could be monitored by criminals using sophisticated equipment. By using the system the user commits that JamChat cannot be held responsible for any data spoofing or security breaches which will always be deemed to have occurred outside of JamChat's control and sphere of influence. Users' messaging and voice communications are as secure as their normal mobile phone connection allows it to be. It is more secure than normal SMS messaging due to the fact that records of messages are not stored by JamChat but absolutely no guarantees are given to anybody in this regard.
15.14. Terms of Reference regarding VoIP service - The JamChat system links with and relies on a VoIP service provider's platform to switch calls. The VoIP service is dependent on a specific "Non-geographic" telephone number, which is much the same as the mobile telephone number. To use the service, each JamChat user will be supplied automatically and transparently with a unique telephone number which will always be linked to the users' mobile number in the JamChat database. This unique combination in perpetuity, allows identification of the user as required by law but it will only be made known as required in legal cases under strict control of court or police orders. The VoIP service can be used to make inexpensive calls to all telephones in the world but that requires payment for the calls. The JamJar makes provision for topping up of JamChat airtime.
15.15. Distribution to others - Users may distribute the use of the JamChat system to any other user with a compatible smart phone. JamChat does not provide any commitment that a specific phone will be able to use the system as it could be that there are specific anomalies in either the specific phone's operating System or incompatibilities with certain versions. The distribution message is sent to the targeted new user's phone as a normal text message originating user's phone and the cost of the message is for the user’s account. The message will be displayed with the originating user's details such as JamChat name and mobile phone number. The receiving user will always have the option to refuse to download the app or may un-install it at any time.
15.16. Blacklisting - If the receiving user decides to disengage and ignore messages from a specific user, then the receiving user can implement a blacklisting against the sender thereby preventing messages from the specific sender to be received on the receiving user's phone. This blacklisting will be removable as well. JamChat cannot guarantee at all times that this method of blacklisting will be successful under all circumstances and no liability is created in either case, whether blacklisting works in the wrong direction or does not work at all.
15.17. Commercial / Marketing messages - In order to provide the service as inexpensively as possible to the users, JamChat would allow commercial use of the service in several respects. Apart from subscribing enterprises which may send messages like invoices, proof of payments or bank notifications through the system, certain group-targeted information may be sent to users. This will take the form of unobtrusive notifications and the user may then elect to peruse the information such as special offers, informative messages (such as traffic jams) etc. by clicking on identifiers (logos ) which will then reroute to a page for the specific information required. By using the system, the user concedes to the receipt of the information and will not see this as unsolicited marketing or any form of obtrusive or unwarranted invasion of privacy. The option to prevent such information from being displayed is available through the “prime” service, which will be available to subscribe to the use of the JamChat system without these information messages.
15.18. Service Reliability and dependence - By using the service, the users agree that all services provided by JamChat will be done on a best effort basis and that no situation should be created or be accepted to exist by the users where any of the JamChat services can be relied upon where danger to property or life may exist if a communications service or system may fail. If such danger could possibly exist then it is clearly stated that the users should take appropriate action to ensure communications is available by other means than through any of the services provided by JamChat or the VoIP service provider.
15.19. Advertising - On the free service, JAMCHAT will display very limited advertisements which are used to sponsor the free service to users. JAM commits that this will be kept as unobtrusive as possible, with an option always open to the user to convert to the advertisement-free paid for service. By agreeing to these terms and conditions, you agree to receive the advertising on the JAMCHAT app.
15.20. Acceptance by use - It is made abundantly clear in sufficient documentation that JamChat’s terms and conditions of use as summarised in this document, is available to all users on the website at www.jam4all.co. It is therefore clear that these terms and conditions are accepted by users through their sheer use of the system and ignorance of these terms and conditions cannot be used as any excuse in any circumstances.

16. COMMUNICATION
16.1. Any communication to you will be done via JamChat, SMS, e-mail or any other electronic channels available to JAM.
16.2. The JAM call centre will be available from 8am to 7pm Monday to Saturday and from 8am to 1pm on a Sundays. The JAM call centre will not be available on public holidays. To block a JAM JAR on a public holiday you may phone the Call Centre.

17. YOUR OBLIGATION
Your obligations when using JAM include but are not limited to:
17.1. Complying with the JAM Terms and Conditions of Use and any other documentation sent to you from time to time.
17.2. Checking your instructions for payments given to us either for money transfers, 2D payments, value added services bought or any other transaction.
17.3. Not using your JAM JAR for any unlawful transactions. It is your responsibility to determine that a transaction is lawful before you use the JAM JAR to execute and authorise any transaction.
17.4. Reporting any misuse or abuse timeously.
17.5. Complying with all relevant legislation at all times, including laws to stop money laundering.

18. LIMITS APPLY
18.1. Transaction and channel limits apply to the JAM JAR and related services. There are balance limits and daily / monthly transaction limits. These limits apply to all the JAM services. To understand the limits that apply, please refer to the Frequently Asked Questions on www.JAM4all.co, or contact the JAM call centre for more information.
18.2. Limits can be amended by Jam from time to time and you will be notified of these amendments.

19. FEES AND CHARGES
19.1. Some Jam Jar and JamChat services incur charges; we will deduct these fees from the funds in your Jam Jar. To see which Jam Jar services incur charges and to understand what the fee is, visit www.JAM4all.co, Frequently Asked Questions or call the Jam call centre. These fees may change from time to time.
19.2. When you use the JAM JAR Send Money service, the Send Money service fee will be deducted from the sender’s JAM JAR.
19.3. If you deposit cash into the JAM JAR by way of a cash deposit you agree that the cash deposit transaction fees will be deducted directly from the money you deposited. The cash deposit transaction fees will reduce the amount deposited in the JAM JAR.
19.4. If there are no transactions on the JAM JAR for 6 (six) continuous months, from the 7th month we may charge a monthly dormancy fee on the JAM JAR. We will continue to charge this fee until a transaction occurs or the balance on the JAM JAR is reduced to zero (R0.00). The JAM JAR will be closed once the balance is reduced to zero.
19.5. We do not pay interest on positive balances held in the JAM JAR.

20. OTHER FEES MAY ALSO APPLY
20.1. When using any other services available on the JAM JAR, additional fees and standard mobile network operator fees may also apply to you.

21. TERMINATION
21.1. JAM may at any time and without prior notice, suspend or terminate your access to all or some of the JAM products and services. Reasons may include without limitation:
21.1.1. Fraud or suspected fraud.
21.1.2. Illegal or unauthorised use or improper conduct.
21.1.3. Breach of any of the Terms and Conditions.
21.1.4. If it becomes necessary in order to protect JAM, JAMMERS, JAM’s systems or any recipient of a Send Money transaction.
21.1.5. Or if JAM is required to do so by law.
21.1.6. If the mobile phone service provider terminates the mobile phone number from its network or if the JAM Service is compromised in any way.
21.2. You may terminate your JAM service at any time by giving us notice in writing to the email address published on www.jam4all.co.
21.3. Any JAM JAR that is compromised for any reason whatsoever will be frozen subject to an investigation.
21.4. Nothing in this clause prevents us from taking any other action.
21.5. JAM will not be liable for any claims from recipients who have not received funds or if funds are received later than expected due to the implementation of this clause.

22. PRIVACY POLICY
22.1. JAM respects and recognises your right to privacy. Any information collected by JAM directly from you or from third parties will be handled as confidential and all reasonable steps will be taken to protect your personal information.
22.2. Our Privacy Policy describes how we deal with the limited amount of information you supply to us. By using the JAM services, you agree to the JAM Privacy Policy. A copy can be accessed on www.JAM4all.co
22.3. We will only process or share your personal information where:
22.3.1. You have given us your consent;
22.3.2. The law requires us to do so;
22.3.3. To detect, prevent and report theft, fraud, money laundering and other crimes.
22.3.4. it is in the public interest to do so;
22.3.5. our interests require disclosure, for example default or breach of this agreement
22.3.6. to manage our relationship with you
22.3.7. our internal marketing and product development require the information
22.3.8. to process payment instructions
22.4. In order to provide the Jam services described in this agreement we may disclose some of your personal information to specific third parties, who are also under obligation to keep your information secure and confidential. If we do this we will never disclose more information than we need to and will be in compliance with the POPI and Consumer Protection Act.
22.5. Any information relating to the Jam services may be communicated via SMS, data messages or email and users of the service consent to receive product related information via these mechanisms.

23. DISPUTES AND COMPLAINTS
23.1. Any complaint should be dealt with in accordance with the JAM complaint lodgment and resolution procedures. A copy of this is available on the web site at www.JAM4all.co.

24. RISK AND LIABILITY
24.1. The JAM service is used at the JAMMER’s own risk.
24.2. JAM will not be held liable for any damages or losses as a result of the use of the service or in any circumstance including but not limited to the following:
24.2.1. Load Shedding periods or power failures.
24.2.2. Unavailability of services from third party service providers.
24.2.3. During periods of maintenance to any system or infrastructure.
24.2.4. Breakdown or malfunction of any system.
24.2.5. Unlawful and or fraudulent use of the JAM system.
24.2.6. Any other reason beyond JAM's control.
24.2.7. During periods where JAM declares Force Majeure.
24.3. JAM will not be held liable for any loss or damages arising from any failure, malfunction or delay during the use of any of the JAM features, including but not limited to point of sale devices, 2D payment systems, JAM JAR or JamChat features, resulting from any circumstances beyond the reasonable control of JAM, including but not limited to network failures and Service Provider failures for which JAM is not responsible.
24.4. While JAM endeavours to secure its own system information sent over public networks may be subject to unlawful monitoring and interception.
24.5. You must give us the correct information in the required manner when creating a JAM JAR or using any of the services available on the JAM JAR.
24.6. We are not liable for any unauthorised transactions that occur by any person, unless you can prove that you did not lose or disclose the JAM JAR PIN or that an unauthorised person obtained the JAM JAR PIN as a direct result of our negligence or fraud.
24.7. If any JAM JAR is compromised or suspected of being compromised because of fraud, we may freeze any funds in the JAM JAR.

25. INDEMNITY
25.1. You indemnify us fully for all loss or damage suffered by you or any other person because of your use of the service or because you did not fulfil your obligations under these rules. Your use of the JAM Service may be restricted or restrained where you have not fulfilled your obligations under these rules.
25.2. You use this service at your own risk. We make no warranty of any kind about the service to you or any other person.

26. AMENDMENTS AND CHANGES
26.1. You may not make any changes to these terms.
26.2. JAM may be required to make changes to or update these Terms and Conditions from time to time.
26.2.1. You will be notified of non-material changes via service channels you use.
26.2.2. You will be notified of material changes via JAMCHAT, SMS or email
26.3. If you do not agree with the changes, you should refrain from using the service and notify us in writing that you wish to terminate the service.
26.4. Continuing use of the service following this notice means you have read, understood and agreed to these updated Terms and Conditions.

27. GENERAL
27.1. These terms are governed by the laws of the Republic of South Africa.
27.2. Should any of these terms be unenforceable for any reason whatsoever, the remaining terms shall continue to be in full force and effect.