Terms of Service & Conditions

Last Updated: July 2026

Effective For: All Patron, Venue Partner, and Sponsor Users

Jurisdiction: Republic of South Africa

Governing Law: South African common law, the Consumer Protection Act 68 of 2008 (CPA), Financial Intelligence Centre Act 38 of 2001 (FICA), and the Electronic Communications and Transactions Act 25 of 2002 (ECTA)

Table of Contents

  1. Acceptance of Terms
  2. Eligibility & Age Restrictions
  3. Service Overview
  4. User Accounts & Registration
  5. Payment Processing & Gateways
  6. FICA, AML, and KYC Compliance
  7. PCI DSS & Data Security
  8. User Conduct & Responsible Consumption
  9. Refunds & Cancellations
  10. Venue Partner Obligations
  11. Sponsor & Brand Licensing
  12. Limitation of Liability
  13. Indemnification
  14. Dispute Resolution & Arbitration
  15. Chargebacks & Fraud
  16. Modification of Terms
  17. Termination
  18. Third-Party Services & Gateways
  19. Intellectual Property
  20. Severability

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement

By accessing, installing, or using the Wayta mobile application, website (https://wayta.co.za), partner portal (https://partner.wayta.co.za), or growth marketing site (https://grow.wayta.co.za) (collectively, the "Service"), you ("User," "Patron," "Venue Partner," or "Sponsor") acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all documents referenced herein, including our Privacy Policy, Refunds Policy, and Cookies Policy.

1.2 Binding on Affiliates & Representatives

If you are registering on behalf of a business, organisation, or entity (whether as a Venue Partner, Sponsor, or Event Manager), you represent and warrant that you have full legal authority to bind that entity to these terms. These terms are binding on the entity, its successors, and assigns.

1.3 No Waiver

Wayta's failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision.


2. ELIGIBILITY & AGE RESTRICTIONS

2.1 Minimum Age

All Patrons must be at least 18 years of age to use the Service. This age restriction applies because Wayta facilitates the purchase of alcohol and entry into age-restricted venues (nightclubs, bars, lounges, festivals with age gates). By using the Service, you represent that you are 18 years of age or older and have the legal capacity to enter into binding contracts.

2.2 Proof of Age

Wayta reserves the right to:

2.3 Venue-Specific Age Gates

Some venues may impose stricter age requirements (e.g., 21+, 25+). You remain responsible for complying with each venue's specific age policy at the time of collection. Wayta is not liable if a venue refuses service based on your age.

2.4 Eligibility by User Type

Patrons

Venue Partners

Sponsors & Brands


3. SERVICE OVERVIEW

3.1 The Wayta Platform

Wayta is a real-time, mobile-first SaaS platform that operates as a social utility and payment facilitator enabling three core workflows:

3.2 No Queue Protocol

Wayta operates on a Zero-Queue Protocol:

3.3 Order Accuracy

You are solely responsible for the accuracy of your order, including drink type, size, customisations, quantity of items, VIP table location (if applicable), and special dietary or allergy requests. Wayta displays all order details for confirmation before final payment. If you submit an order with incorrect information and do not request cancellation before it enters "Preparing" status, you will not be entitled to a refund for order inaccuracy.

3.4 Venue Partner Responsibilities

Venue Partners retain responsibility for fulfilling orders accurately, preparing food and beverages in compliance with food safety and health regulations, maintaining liquor licence compliance and age-gating, and handling customer complaints and disputes at the point of service.


4. USER ACCOUNTS & REGISTRATION

4.1 Account Creation

To use the Service, you must be at least 18 years old, provide accurate and current information (full name, email, phone, date of birth, residential address), create a secure password of at least 12 characters, and verify your email and phone number.

4.2 Account Security

You are responsible for maintaining the confidentiality of your password and login credentials, immediately notifying Wayta of any unauthorised access, and all activity that occurs under your account. Wayta is not liable for losses resulting from unauthorised access caused by your negligence or failure to report suspicious activity within 24 hours.

4.3 Account Restrictions

You may not use another person's account, create multiple accounts for the same individual, use automated bots or scripts, or impersonate Wayta staff. Wayta reserves the right to suspend or terminate accounts that violate these restrictions.


5. PAYMENT PROCESSING & GATEWAYS

5.1 Payment Gateway Partners

Wayta integrates with regulated South African payment providers: PayFast (SARB-regulated; PCI DSS Level 1), Yoco (FSCA-registered; PCI DSS compliant), Ozow (PASA-registered EFT provider), SnapScan (Licensed Payment Network), and Peach Payments (PCI DSS Level 1; PASA-compliant).

5.2 Currency & VAT

All transactions are processed in South African Rand (ZAR). Prices displayed are inclusive of 15% VAT unless explicitly stated otherwise. A service/convenience fee may apply and will be clearly disclosed at checkout.

5.3 Pricing Transparency

Before confirming payment, you will see itemised order breakdown, VAT amount, service fees, surge pricing or venue-specific fees, and total amount in ZAR. You confirm the final amount before payment is processed.

5.4 Payment Processing Flow

  1. Order Placement: You select items and confirm your order.
  2. Payment Initiation: You select a payment method and are redirected to the gateway's secure checkout.
  3. Authorization: Your bank/payment provider authorizes the transaction.
  4. Settlement: Funds are held by the gateway and settled to Wayta and Venue Partner (typically 2–5 business days).
  5. Order Status Update: You receive a notification when your order changes to "Preparing."

5.5 Payment Method Restrictions & Failed Payments

Wayta accepts: credit/debit cards (Visa, Mastercard, American Express), Instant EFT via major SA banks, QR code payments, and Apple Pay/Google Pay. You may not use stolen, fraudulent, or third-party payment methods, nor cryptocurrency. If a payment fails, your order will not proceed—you may retry with another payment method. Wayta will retry transactions up to 3 times if timeouts occur. Wayta is not liable for failed transactions caused by your bank or network issues.


6. FICA, AML, AND KYC COMPLIANCE

6.1 FICA Regulatory Framework

Wayta is committed to complying with the Financial Intelligence Centre Act 38 of 2001 (FICA) and Anti-Money Laundering (AML) standards established by the Financial Action Task Force (FATF) and the Payments Association of South Africa (PASA).

6.2 Know Your Customer (KYC) Requirements

For All Patrons: Full legal name, date of birth, South African ID number (13-digit SAID) or passport number, residential address, and verified email and phone number.

For Venue Partners & Sponsors: In addition to patron-level KYC, individual owners need certified ID/passport (not older than 3 months), proof of residential address, and bank-stamped letter with banking details. Companies need certified Company Registration Certificate, list of all Directors/Shareholders with ID copies, proof of business address, bank-stamped letter with business banking details, VAT registration certificate (if registered), and liquor licence verification.

6.3 Beneficial Ownership

Wayta may request information about beneficial owners (individuals who own or control 25%+ of a business) for AML purposes, in accordance with FICA Section 1.

6.4 Ongoing AML Monitoring

Wayta conducts continuous transaction monitoring for suspicious activity, including unusual transaction patterns, rapid account changes, structuring, high-risk jurisdictions, and funds from illegal sources. If suspected, Wayta may temporarily restrict your account, request additional documentation, or report to the FIC without prior notification (as mandated by FICA).

6.5 Sanctions & Watchlist Screening

Wayta screens all users against UN Security Council sanctions lists, South African Register of Heritage Resources, INTERPOL watchlists, IMF sanctions, and National Treasury sanctions list. If you match any watchlist entry, your account will be immediately suspended and funds frozen pending FIC investigation.

6.6 Reporting Obligations

Wayta is a Reporting Institution under FICA legally required to report transactions exceeding R25,000 (single transaction) or R100,000 (cumulative monthly), and all suspicious transactions (regardless of amount) to the FIC. No prior notice is required; reporting is mandatory.

6.7 Account Closure for Non-Compliance

Wayta may close your account immediately if you fail to provide required KYC documentation within 14 days, provide false information, exhibit patterns consistent with money laundering, are designated on a sanctions list, or violate FICA/AML regulations. Upon closure, pending transactions are reversed and funds refunded to your original payment method within 5–10 business days.

6.8 Your Rights & Disputes

If you believe your account was wrongfully closed, contact Wayta's Compliance Officer at [email protected] with written documentation. You may provide additional KYC documentation or appeal to the Financial Intelligence Centre ([email protected]). Wayta will not reverse FICA-mandated suspension pending FIC clearance.


7. PCI DSS & DATA SECURITY

7.1 PCI DSS Compliance Disclaimer

Wayta does NOT store credit or debit card data. All card transactions are processed through PCI DSS Level 1 compliant gateways (PayFast, Yoco, Peach Payments, Ozow). Your card details are entered directly into the gateway's secure checkout, immediately tokenized, and only the token is transmitted to Wayta—your full card number is never stored on Wayta servers.

7.2 Your Responsibilities

You agree to never share card details, PIN, or CVV via email/SMS with anyone claiming to represent Wayta or your bank; report unauthorized transactions to your bank and Wayta within 24 hours; keep your password confidential and change it regularly; and enable two-factor authentication (2FA) on your Wayta account if available.

7.3 Data Encryption & Transmission

All data between your device and Wayta servers is encrypted using TLS 1.2+, with end-to-end encryption for sensitive user information (address, payment tokens). HTTPS only; unencrypted HTTP is not permitted.

7.4 Third-Party Payment Gateway Security

Wayta relies on integrated gateway security practices. Each gateway maintains PCI DSS Level 1 certification with TLS encryption and strict data vaults. Wayta is not responsible for security breaches at third-party gateways (unless caused by Wayta's negligence) but will work with providers to remediate incidents.

7.5 Data Breach Notification

If a security incident compromises your personal or financial data, Wayta will notify you within 24 hours via email and SMS with incident details and recommended actions, offer free credit monitoring/identity protection services if appropriate, and report to relevant regulatory authorities as required by law.

7.6 3D Secure & Fraud Prevention

Many transactions require 3D Secure authentication (OTP to your phone, banking app approval, or biometric verification). This additional security layer protects you and reduces fraud liability.


8. USER CONDUCT & RESPONSIBLE CONSUMPTION

8.1 Prohibited Conduct

You agree not to use Wayta to facilitate illegal activity (drug sales, human trafficking, stolen property), evade taxes, harass or threaten others, manipulate pricing, circumvent age verification, engage in fraud, violate intellectual property, scrape or automate access, or access another user's account without authorization. Violations may result in permanent account termination and law enforcement referral.

8.2 Responsible Party Budget Tool

Wayta provides an optional Party Budget feature allowing you to set daily/event spending limits. As you order, your balance decreases. When exhausted, you cannot order unless you reset the limit. You can view your "Party Statement" (real-time spending summary) anytime. Liability Disclaimer: Wayta is not liable for over-consumption of alcohol, your personal conduct or wellbeing while intoxicated, costs of exceeding your budget (if you reset), or venue staff decisions to refuse service. The Party Budget tool is a convenience feature only—not financial, health, or consumption guarantee.

8.3 Venue Compliance & Age Gates

You agree to respect all venue age restrictions, comply with venue staff instructions regarding collection and conduct, produce valid ID if requested, and not contest the venue's right to refuse service based on age or intoxication. If a venue refuses your order due to age or conduct, no refund will be issued.

8.4 Personal Safety & Wayta's Limitations

Wayta is a payment and ordering platform, not a security or healthcare provider. Wayta is not responsible for your personal safety before/during/after venue visits, theft or assault by others, lost belongings, health emergencies, accidents or property damage at venues, or impaired driving decisions. You assume all personal risk when visiting partner venues.


9. REFUNDS & CANCELLATIONS

9.1 General Refund Principle: Final Sales

Once an order enters "Preparing" status, all sales are FINAL. No refunds except where specifically provided below. Order statuses: Pending (awaiting venue acceptance), Accepted (venue confirmed), Preparing (drinks/food being made), Ready (complete; awaiting collection), Collected (successfully collected), Cancelled (by user or venue).

9.2 Cancellation Window

You may cancel at no penalty if the order is Pending or Accepted via the app ("Cancel Order"), web portal ("My Orders" → Cancel), or SMS ("CANCEL [order ID]"). Cancellation is instant; funds refund to your original payment method within 2–5 business days.

9.3 Venue-Initiated Cancellations

A Venue Partner may cancel if the item is out of stock, order cannot be prepared due to technical/operational issue, or order violates the venue's policies. In these cases, full refund (100%) processes to your original payment method within 3–5 business days.

9.4 Technical Error Refunds

If Wayta or Venue Partner confirms a technical error prevented fulfillment (system crash, double-charge, incorrect pricing), full refund processes within 3–5 business days.

9.5 No-Show & Late Collection

If you fail to collect within the specified timeframe (typically 5–15 minutes from "Ready" notification), no refund will be issued. This is core to the Zero-Queue Protocol—venues prepare drinks in real-time on-demand. Prepared drinks deteriorate or become unsafe after 15 minutes. You assume responsibility for timely collection.

9.6 VIP Table Deposits

VIP table reservations typically require non-refundable deposits. Deposits are refundable only if the venue cancels due to operational issues, you request cancellation at least 24 hours in advance (at Venue Partner's sole discretion), or the venue cannot honor the reservation for reasons beyond your control. Deposits forfeited due to your no-show, cancellation within 24 hours, or failure to meet entry requirements are non-refundable.

9.7 Refund Processing Timeline

Refund Reason Timeline Method
Cancelled (Pending/Accepted status) 2–5 business days Original payment method
Venue cancellation (out of stock) 3–5 business days Original payment method
Technical error 3–5 business days Original payment method
Chargeback / Dispute 5–10 business days Via acquiring bank

9.8 Refund Requests

To request a refund for an eligible order, contact Wayta Support at [email protected] within 24 hours with your order reference number, transaction date, and reason. Include screenshots if applicable. Wayta will respond within 48 business hours. Requests submitted more than 24 hours after the transaction will not be considered.

9.9 Non-Refundable Transactions

No refunds for: orders successfully collected, items as described and prepared correctly, service/convenience fees, taxes/VAT, orders cancelled after "Preparing" status, or delivery/collection fees (if applicable).


10. VENUE PARTNER OBLIGATIONS

10.1 Service Quality Standards

Order Fulfillment: Accept or reject orders within 5 minutes, prepare to specifications, notify patrons when ready via push notification, hold prepared orders safely for at least 15 minutes. Pricing Accuracy: Maintain accurate menus/pricing on the platform, update availability within 1 hour, honor advertised pricing at order time, no surge pricing without prior written approval. Safety & Compliance: Comply with provincial liquor licence requirements, verify customer age via ID if requested, prepare food/beverages per health regulations, maintain public liability insurance, never engage in price collusion. Data Security: Do not store patron personal/payment data, restrict Wayta dashboard access to authorized staff, report security breaches within 24 hours.

10.2 Commission & Settlement

Wayta Commission: Default 5–8% of order value (excl. VAT); custom rates negotiated for high-volume partners. Commission deducted from settlement; does not affect patron pricing. Settlement Schedule: Standard: 2–5 business days; high-risk venues: 7–14 days pending compliance review. Settlement occurs only if transaction not disputed/charged back. Settlement Deductions: Chargebacks/refunds (full amount + fee), unresolved disputes, compliance violations/AML holds, outstanding invoices/fees.

10.3 Marketing & Brand Usage

As a partner, you agree to display Wayta branding at point-of-sale, use only official marketing materials, acknowledge Wayta on your website/social media, and not misrepresent Wayta's services or make false claims.

10.4 Dispute Resolution & Complaints

For customer disputes: Venue Partner addresses complaint at point of service (first contact); escalate to Wayta Support if unresolved; Wayta investigates and may issue partial/full refund to patron (accepted without further liability). Repeated complaints (>5% of orders) may trigger partnership review.

10.5 Right to Suspend or Terminate

Wayta may suspend or terminate your account immediately if: settlement fraud is detected, customer complaints exceed acceptable thresholds, FICA/AML non-compliance discovered, liquor licence revoked/suspended, operations cease without notice, or pricing/menu accuracy violations persist after written warning. Termination is effective immediately; pending settlements frozen pending investigation.


11. SPONSOR & BRAND LICENSING

11.1 Sponsor Rights & Obligations

Sponsors (brands, liquor companies, hospitality brands) may partner with Wayta to display branded content/campaigns, create custom promotions/vouchers/limited-time offers, access aggregated anonymized consumer behavior analytics, and run exclusive VIP events/sponsored happy hours.

11.2 Content & Advertising Standards

All Sponsor content must comply with: Advertising Standards Authority (ASA) Code of Conduct—no misleading, sexually explicit, or defamatory content; and Consumer Protection Act 68 of 2008—no unfair/deceptive marketing. Prohibited Content: Illegal products/services, tobacco/vaping, misinformation about alcohol health risks, targeting of minors, exploitative/hateful content, controlled substances, unlicensed medical claims.

11.3 Alcohol Advertising Compliance

Alcohol brand content must include clear "18+" age gate, responsible drinking message (e.g., "Please Drink Responsibly | Never Drink & Drive"), no targeting under 18, and accurate product information (ABV %, origin, serving size). Wayta does not advertise alcohol on platforms accessible to minors.

11.4 Analytics & Data Sharing

Sponsors receive anonymized aggregated insights only: geographic heatmaps, aggregate order volume by category (not individual patron data), trending products/purchase times, and venue performance metrics. Never received: Individual patron names, contact details, consumption histories, payment information, location tracking, or health/medical data. Breach results in immediate partnership termination and legal action.

11.5 Campaign Performance & Reporting

Sponsors may request monthly performance reports (CTR, impressions, conversions), venue-level redemption data, and cohort analysis (e.g., "25–35-year-olds in Sandton"). Reports provided quarterly or upon request; subject to Wayta's data minimization principles (no PII).

11.6 Content Removal & Moderation

Wayta reserves the right to remove any Sponsor content violating advertising standards without notice, suspend a Sponsor partnership if content breaches terms, require compliance corrections before content relaunches, and report violations to the ASA if necessary.


12. LIMITATION OF LIABILITY

12.1 Wayta's Liability Cap

Except where prohibited by the Consumer Protection Act (CPA), Wayta's total liability to you for any claim (contract, tort, negligence, statutory obligation) is limited to the lesser of: the total value of transactions processed through your Wayta account in the 12 months preceding the claim, or R10,000. This cap applies to each individual claim and does not accumulate across multiple claims.

12.2 Excluded Damages

Wayta will NOT be liable for: lost profits or revenue, lost data or business interruption, reputational harm or emotional distress, loss of opportunity or diminished goodwill, or third-party claims. This exclusion applies even if Wayta has been advised of the possibility of such damages.

12.3 Service Availability & Downtime

Wayta provides the Service "as is" and "as available." We make no guarantee of uninterrupted uptime (target: 99.5%, but not guaranteed), error-free operation, security against all hacking attempts, or compatibility with all devices/networks. You assume the risk of service interruptions, including lost orders due to crashes, payment processing delays during downtime, and missed order notifications due to latency.

12.4 Third-Party Service Disclaimers

Wayta uses third-party services (payment gateways, cloud hosting, SMS providers). Wayta is NOT liable for payment gateway failures/security breaches, Google Cloud or Amazon Web Services infrastructure failures, SMS delays/failures, Apple App Store or Google Play Store moderation/removal, or actions of third-party services.

12.5 Venue Partner & Sponsor Liability

Wayta is not liable for: quality, safety, or legality of drinks/food served by Venue Partners; errors in order fulfillment or preparation (direct liability falls on Venue Partner); Venue Partner fraud, misrepresentation, or non-compliance; Sponsor content accuracy or compliance; or actions/omissions of Venue Partners or Sponsors. You must pursue claims directly against the responsible party.

12.6 Consumer Protection Act Carve-Out

Nothing in this section limits your statutory rights under the Consumer Protection Act 68 of 2008, which cannot be waived by contract. If you are a consumer as defined by the CPA, you retain the right to claim damages for: breach of warranty (merchantability, fitness for purpose), fraud or material misrepresentation, or personal injury or unsafe products.


13. INDEMNIFICATION

13.1 Patron Indemnity

You agree to defend, indemnify, and hold harmless Wayta, its officers, employees, and agents from any claims, damages, or losses arising from: your breach of these terms or applicable law; your use or misuse of the Service; your conduct at venues; your payment disputes or chargebacks; your intellectual property infringement; or third-party claims arising from your actions. This indemnity survives termination of your account.

13.2 Venue Partner Indemnity

As a Venue Partner, you agree to indemnify Wayta for: your breach of licensing, health & safety, or liquor laws; customer injury or harm caused by your service; failure to fulfill orders accurately; infringement of intellectual property rights; chargebacks or disputes; or AML/FICA non-compliance.

13.3 Sponsor Indemnity

Sponsors indemnify Wayta for: non-compliance with advertising standards (ASA violations), intellectual property infringement in sponsored content, false or misleading product claims, third-party claims from Sponsor campaigns, or defamation or privacy violations in Sponsor materials.


14. DISPUTE RESOLUTION & ARBITRATION

14.1 Informal Resolution (Mandatory First Step)

Before formal proceedings, you and Wayta must attempt good-faith negotiation for 30 days. Send a detailed dispute letter to [email protected] with your name, account ID, contact details, dispute description, damages claimed, and proposed resolution. Wayta will respond within 14 business days with a settlement offer or explanation. If unresolved,