Terms of Service

1. Acceptance of Terms

By accessing and using the website at floatpay.org (the "Website") or any FloatPay payment services (the "Services"), you accept and agree to be bound by these Terms of Service ("Terms") and all applicable South African laws and regulations. If you do not agree to these Terms, please do not use our Website or Services.

FloatPay (Pty) Ltd ("FloatPay", "we", "us", or "our") is a company registered in South Africa and operates as a credit provider under the National Credit Act 34 of 2005 (NCA).

2. Eligibility

To use FloatPay's consumer BNPL services, you must:

• Be at least 18 years of age
• Be a South African citizen or permanent resident with a valid South African ID number
• Hold a valid South African bank account
• Have a valid South African mobile phone number
• Pass our affordability assessment as required by the NCA

By applying for or using our BNPL services, you confirm that you meet these eligibility requirements.

3. Credit Agreement and the National Credit Act

FloatPay's BNPL service constitutes a credit agreement as defined under the National Credit Act 34 of 2005. By accepting a FloatPay payment plan, you enter into a credit agreement with FloatPay (Pty) Ltd. The following NCA provisions apply:

• We are required to conduct an affordability assessment before granting credit
• You have the right to receive a pre-agreement statement and quotation before entering the credit agreement
• Interest, fees, and charges are capped as prescribed by the NCA
• You have the right to apply for debt review if you are over-indebted
• You have the right to receive regular statements of account

For information on responsible borrowing and your rights under the NCA, please see our Responsible Lending page.

4. FloatPay Consumer Services

4.1 How It Works

FloatPay allows qualifying consumers to pay for purchases at participating merchants in four equal instalments. The first instalment is due at checkout; subsequent instalments are collected via debit order on dates disclosed at the time of purchase.

4.2 Fees and Charges

FloatPay charges no interest on consumer BNPL plans when instalments are paid on time. A late payment fee applies where a debit order is returned unpaid or a payment is missed. Full fee information is disclosed during checkout in accordance with NCA requirements.

4.3 Debit Orders

By agreeing to a FloatPay payment plan, you authorise FloatPay to collect instalment payments from your nominated bank account via debit order. You are responsible for ensuring sufficient funds are available on each payment date.

5. FloatPay Merchant Services

Merchants who integrate FloatPay are subject to a separate Merchant Agreement, which governs merchant discount rates, settlement timelines, integration requirements, and merchant obligations. By applying to become a FloatPay merchant, you accept the Merchant Agreement in addition to these Terms.

6. Use of the Website

You may use our Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable South African laws or regulations
• Transmit unsolicited or unauthorised advertising or promotional material
• Attempt to gain unauthorised access to any part of the Website or our systems
• Interfere with the proper working of the Website
• Engage in any conduct that restricts or inhibits anyone's use of the Website
• Use automated tools, bots, or scrapers to access the Website without prior written consent

7. Intellectual Property

The Website and its original content, features, and functionality are owned by FloatPay (Pty) Ltd and are protected by applicable intellectual property laws including the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993. You may not reproduce, distribute, or create derivative works from our content without express written permission.

8. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. FloatPay does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by South African law, including the Consumer Protection Act 68 of 2008, FloatPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Website. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.

10. External Links

Our Website may contain links to third-party websites. These links are provided for convenience only. FloatPay has no control over the content of those websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

11. Privacy

Your use of the Website and Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. We process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

12. Dispute Resolution

In the event of a dispute arising from these Terms or our Services, you may contact us directly at [email protected]. If we are unable to resolve the dispute, you may refer credit-related complaints to the National Credit Regulator (NCR) at 0860 627 627 or via www.ncr.org.za.

13. Changes to Terms

FloatPay reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For changes affecting your credit agreement rights, we will provide notice as required by the NCA. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the South African courts.

15. Contact Us

If you have any questions about these Terms, please contact us:

FloatPay (Pty) Ltd
Portside Tower, 5th Floor, 4 Bree Street, Cape Town, Western Cape 8001
Email: [email protected]
Phone: +27 21 073 5519