Please read these Payments Terms of Service ("Payments Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.
Please note: Section 22 of these Payments Terms contains an arbitration clause and class action waiver that applies to all InterCity Members. If your country of residence is Namibia, this provision applies to all disputes with Intercity Payments. It affects how disputes with InterCity Payments are resolved. By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: 11 March 2022
These Payments Terms constitute a legally binding agreement ("Agreement") between you and Intercity Payments (Otjomuise InterCity Technology (Pty) Ltd) governing the Payment Services conducted through or in connection with the Intercity Platform. The Intercity Terms of Service separately govern your use of the Intercity Platform. All capitalized terms have the meaning set forth in the Intercity Terms unless otherwise defined in these Payments Terms.
Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Intercity's Privacy Policy.
Download the official PDF1.1 Intercity Payments provides payments services to Members, including payment collection services, payments, and payouts, in connection with and through the Intercity Platform ("Payment Services").
1.2 Intercity Payments may temporarily and under consideration of the Members' legitimate interests restrict the availability of the Payment Services to carry out maintenance measures. Intercity Payments may improve, enhance, and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Intercity Payments is not responsible or liable for the availability or accuracy of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by Namibian law, the laws of the jurisdiction that is your country of residence, and any other applicable laws.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions.
Intercity Payments reserves the right to modify these Payments Terms at any time. If we make changes, we will post the revised Payments Terms on the Intercity Platform and update the "Last Updated" date. We will also provide you with notice by email at least thirty (30) days before the changes become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. Continued use of the Payment Services after the effective date constitutes acceptance of the revised Payments Terms.
4.1 You must be at least 18 years old to enter into legally binding contracts to use the Payment Services.
4.2 Intercity Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud, including asking you to provide government identification and screening your information against third-party databases. Intercity Payments reserves the right to close, suspend, or limit access to the Payment Services if we are unable to obtain or verify this information.
5.1 In order to use the Intercity Services, you must have an Intercity Account in good standing. If you or Intercity closes your Intercity Account for any reason, you will no longer be able to use the Intercity Services.
5.2 You may authorize a third party to use your Intercity Account in accordance with the Intercity Terms. You will be responsible for any payments made by such person.
6.1 When you add a Payment Method or Payout Method, you will be asked to provide customary billing information. You must provide accurate, current, and complete information and keep it up to date at all times.
6.2 When you add or use a new Payment Method, Intercity Payments may verify it by authorizing a nominal amount or by authenticating your account via a third-party payment service provider.
6.3 Payment Methods and Payout Methods may involve the use of third-party payment service providers, who may charge additional fees. Intercity Payments is not responsible for any such fees.
6.4 – 6.5 You authorize Intercity Payments to store your Payment Method information and charge it as outlined in these Payments Terms. You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information.
6.6 If your selected currency differs from your Payment Method's billing currency, your payment may be processed outside your country of residence and your bank may impose international transaction or foreign exchange fees.
6.7 There may be additional charges on top of your normal subscription depending on the payment method that you choose as well as the payment service provider.
Intercity does not facilitate the payments for the trips but only charges a subscription fee from both the driver and passenger. The payment for the trip takes place outside the application.
The driver and passenger must agree on how and when payments will be made. The driver is expected to provide reasonable payment methods such as cash, EFTs and wallets. The price to be paid will be the exact amount posted on the trip. The driver is responsible for confirming successful payment once the passenger has paid.
Subscription fees for drivers are either monthly or yearly. The user is responsible to pay the subscription before the term expires. Applicable payment methods are: EFT, credit card, debit card, wallets, or coupons.
Credit Card & Debit Card: The user will be asked to enter their card details and CVV code. The card payment process is completely managed by a third party (DPO, www.dpogroup.com).
EFT (Electronic Funds Transfer): Payments should be directed to Otjomuise Intercity Technologies (Pty) Ltd, First National Bank account 62272889076, Branch: John Meinert, Windhoek.
Wallets: Accepted wallets are Ewallet (FNB), BlueWallet (Standard Bank), EasyWallet (Bank Windhoek), and NedbankMoney (Nedbank). Wallet payments should be made to cellphone number 0812880833.
Intercity does not facilitate the payments for the trips but only charges a subscription fee from both the driver and passenger. There are no payouts made to the passenger — the passenger is responsible for paying the posted cost of the trip.
Subscription fees are either monthly or yearly. The user is responsible to pay the subscription before the term expires. Applicable payment methods are: EFT, credit card, debit card, wallets, or coupons.
The credit/debit card, EFT, and wallet details are the same as those described in Section 7.3 above.
Coupons: Coupons can be used for subscription payment. A coupon code is entered in the payment tab for the subscription to take effect. Unique codes can be bought or provided for promotions by Intercity.
Each Member collecting payment for services provided via the Intercity Platform ("Providing Member") appoints Intercity Payments as their payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services ("Purchasing Members"). A payment made by a Purchasing Member through Intercity Payments is considered the same as a payment made directly to the Providing Member. Upon your payment of the funds to Intercity Payments, your payment obligation to the Providing Member for the agreed amount is extinguished.
10.1 Fees. Intercity Payments may charge fees for use of certain Payment Services, and any applicable fees will be disclosed via the Intercity Platform.
10.2 Payment Authorizations. You authorize Intercity Payments to collect amounts due pursuant to these Payment Terms or the Intercity Terms, including amounts owed to Intercity, amounts due to Providing Members, applicable taxes, Resolution Center amounts, overstay fees, service or cancellation fees, fees improperly paid to a Driver, damage claim amounts, and group payment fees.
10.3 Refunds. Any refunds or credits due to a Member will be initiated and remitted by Intercity Payments. Refunds are processed immediately, but the timing to receive a refund varies based on the Payment Method and applicable payment system rules.
10.4 Recurring Payments. For certain bookings, Intercity Payments may require a Passenger to make recurring, incremental payments. Passengers may stop a Recurring Payment by notifying Intercity Payments at least three (3) business days before the scheduled payment date.
10.5 Payment Processing Errors. We will take steps to rectify any payment processing errors that we become aware of.
10.6 Collections. If Intercity Payments is unable to collect amounts you owe, it may engage in collection efforts. Owed amounts are deemed overdue after 120 days (for authorized charges) or 270 days (for withholdings from a Driver's future Payouts), and in default after 365 days.
If you as a Passenger agree to pay the Driver in connection with a Damage Claim, or Intercity determines that you are responsible for damage, you authorize Intercity Payments to charge the Payment Method used to make the booking to collect any Security Deposit and any amount of the Damage Claim exceeding it. Intercity Payments reserves the right to otherwise collect payment and pursue available remedies.
Intercity Payments will process each transaction in the currency the Member selects via the Intercity Platform. Available currencies may be limited for regulatory or operational reasons. A Member's third-party payment service provider may impose transaction, currency conversion or other fees, and Intercity Payments is not responsible for any such fees.
If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by applicable unclaimed property laws, we may process the funds in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.
You are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. You may not, and agree that you will not, breach or circumvent applicable laws or agreements; use the Payment Services for unauthorized commercial purposes; register or use a Payment Method that is not yours; circumvent technological protection measures; damage the performance of the Payment Services; reverse engineer the software; or infringe anyone else's rights.
The Payment Services are protected by copyright, trademark, and other laws. The Payment Services, including all associated intellectual property rights, are the exclusive property of Intercity, Intercity Payments and its licensors. You will not use, copy, adapt, modify, distribute, license, sell, or otherwise exploit the Payment Services except as expressly permitted in these Payments Terms.
We welcome feedback, comments, and suggestions for improvements to the Payment Services. Any feedback you submit will be considered non-confidential and non-proprietary, and you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided "as is", without warranty of any kind. Intercity Payments explicitly disclaims all liability for any act or omission of any Member or other third party.
To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. Neither Intercity Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages. Intercity Payments' aggregate liability is limited as set out in these Payments Terms.
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Intercity Payments and its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses arising out of your breach of these Payments Terms, your improper use of the Payment Services, Intercity Payments' collection and remittance of taxes, or your breach of any laws, regulations, or third-party rights.
This Agreement continues until terminated. You may terminate at any time by emailing us or by following the termination procedures in the Intercity Terms. Intercity Payments may terminate for convenience with thirty (30) days' notice, or immediately and without notice in cases of material breach, fraud, violation of law, or to protect Members and third parties. Intercity Payments may also limit or suspend your access to the Payment Services in the circumstances described in these Payments Terms.
If you are contracting with Intercity Payments Namibia, these Payments Terms will be interpreted in accordance with the laws of Namibia, without regard to conflict-of-law provisions.
This Dispute Resolution and Arbitration Agreement applies if you are contracting with Intercity Payments Namibia or bring any claim against any Intercity Payments entity. The process has two parts: (1) an informal negotiation directly with Intercity's customer service team, and (2) binding arbitration administered by NAMFISA using its Consumer Arbitration Rules.
Pre-Arbitration. Prior to initiating arbitration, you and Intercity Payments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution first.
Jury Trial Waiver & No Class Actions. You and Intercity Payments waive the right to a trial by jury as to all arbitrable disputes and, to the fullest extent permitted by law, waive the right to participate in any class action or representative proceeding.
These Payments Terms constitute the entire agreement between Intercity Payments and you regarding the Payment Services. No joint venture, partnership, employment, or agency relationship is created. If any provision is held invalid, it will be struck without affecting the remaining provisions. You may not assign this Agreement without Intercity Payments' prior written consent. Notices will be given via email, Intercity Platform notification, or messaging service (including SMS and WhatsApp).
The payment collection service constitutes a "payment service" regulated under the Payment Services Regulations, and Intercity Payments Namibia treats Users as the "payment service user." Intercity Payments will provide notice via email when each Payout is initiated.
Diverted Payouts. If you believe a Payout has been diverted without your permission because your credentials were lost or stolen, you should notify Intercity Payments Namibia immediately. You may be liable for losses up to a maximum of N$1,000. Provided you notify us without delay and within 13 months of the payment, you may be entitled to a refund.
Complaints relating to the provision of Payment Services may be referred to NAMFISA: +264 61 290 5000, info@namfisa.com.na, or NAMFISA Head Office, 51-55 Werner List St, Gutenberg Plaza, Windhoek, Namibia.
If you use the Payment Services on behalf of a business, you are responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf, and you affirm that you are authorized to bind that business to these Payment Terms. If you handle, store or otherwise process payment card information, you agree to comply on an ongoing basis with the Payment Card Industry Data Security Standard.
You may contact Intercity Payments regarding the Payment Services using the information below:
Intercity Namibia
Unit 13, Square Park, Ludwigsdorf, Klein Windhoek, Namibia
info@intercity.com.na
www.intercity.com.na
+264 81 288 0833 / +264 81 320 9004