Terms of
Service

Last updated: 1 January 2026

1. Introduction & Acceptance

These Terms of Service ("Terms") govern your use of the DuelaPay platform, website, mobile application, and associated services (collectively, the "Platform") operated by DuelaPay (Pty) Ltd, a company registered in South Africa ("DuelaPay", "we", "us", "our").

By registering for, accessing, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, you must not use the Platform.

We may update these Terms from time to time. We will notify you of material changes by email or via in-app notification. Your continued use of the Platform after any changes constitute your acceptance of the revised Terms.

2. The DuelaPay Service

DuelaPay operates a digital lay-by payment platform that enables shoppers to reserve products at partner merchants and pay for them in installments over a fixed term, with zero interest and no surprise fees.

The core DuelaPay model works as follows:

• A shopper selects a product at a partner merchant and chooses DuelaPay as their payment method. The merchant's cash price is displayed alongside the DuelaPay price.
• The DuelaPay price is the merchant's cash price plus a disclosed amount covering the shopper's plan protection, the platform, and payment convenience. It is shown in full before the shopper commits to a plan and does not change during the term.
• The shopper pays a 25% deposit of the DuelaPay price upfront to reserve the item. This deposit confirms the lay-by and secures the product.
• The remaining 75% of the DuelaPay price is divided into equal monthly installments paid over the shopper's chosen term of 3 to 6 months.
• DuelaPay begins paying the merchant their cash price upon deposit confirmation, with payouts continuing progressively as the shopper's installments are collected. DuelaPay manages installment collection from the shopper.
• The product is held by the merchant and released to the shopper only upon confirmation of the final installment payment.
• All installments are interest-free. The DuelaPay price does not increase for any reason once a plan is created.

DuelaPay acts as a payment intermediary and does not act as a credit provider under the National Credit Act, 34 of 2005 ("NCA"), as no credit is extended. The lay-by model is a deferred delivery of purchased goods, not a credit arrangement.

3. Eligibility

To register and use DuelaPay as a shopper, you must:

• Be at least 18 years of age.
• Be a South African resident with a valid South African identity document (South African ID card, passport, or permanent residence permit).
• Have a valid South African mobile phone number and email address.
• Have the legal capacity to enter into binding agreements.
• Not be subject to any legal prohibition from entering into financial transactions in South Africa.

By registering, you represent and warrant that you meet all eligibility requirements. DuelaPay reserves the right to verify your eligibility at any time and to suspend or terminate your account if you do not meet or cease to meet these requirements.

4. User Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and OTP codes. You must not share your login details with any third party.

You agree to immediately notify DuelaPay at support@duelapay.com if you become aware of any unauthorised access to or use of your account.

DuelaPay will never ask you for your full password, PIN, or card details via email, SMS, or phone call. Any communication purporting to do so should be treated as fraudulent and reported to us immediately.

You may only hold one shopper account. Duplicate accounts are prohibited and may result in suspension of all associated accounts.

5. Shopper Terms

5.1 Lay-by Agreement

By initiating a lay-by, you enter into a lay-by agreement with DuelaPay and the relevant partner merchant. Each lay-by agreement confirms the product details, total price, deposit amount, installment schedule, and payment term. You will receive a copy of your lay-by agreement via email and in-app.

5.2 Deposit

Your 25% deposit is paid immediately when you start a lay-by. It's only refunded in the situations covered in clause 5.3, or as required by Section 62 of the Consumer Protection Act, 68 of 2008 ("CPA") — the section that specifically governs lay-by agreements.

5.3 Cancellation & Forfeiture Policy

You can cancel a lay-by at any time before your final installment, by submitting a request via the DuelaPay app or website. When you cancel voluntarily:

• The product goes back into the merchant's stock.
• DuelaPay refunds everything you've paid, including your deposit, less a 1% cancellation fee — within 7 business days. This follows Section 62 of the CPA, South Africa's law governing lay-by cancellations.

5.4 Missed Payments & Abandoned Lay-bys

We never charge late fees or interest, even if you miss a payment. If that happens, we'll reach out and offer you a one-week extension at no cost. Missing payments often enough may lower your DuelaPay Shopper Rating and limit your ability to start new lay-bys.

If you go quiet — no payment and no response to our attempts to reach you, over an extended period — we may close the lay-by on your behalf. The item goes back to the merchant, and you get back what you've paid, less an administrative fee of up to 10% of the item's price.

6. Merchant Terms

Merchants who partner with DuelaPay are subject to a separate Merchant Partner Agreement in addition to these Terms. Key provisions include:

• Zero merchant cost: DuelaPay charges merchants no setup fee, subscription, or commission. The DuelaPay price premium is funded entirely by the shopper.
• Progressive settlement: DuelaPay begins releasing the merchant's cash price upon confirmation of the shopper's 25% deposit, with the balance released on a progressive schedule as the lay-by is paid off. The applicable schedule is set out in the Merchant Partner Agreement.
• Stock holding obligation: The merchant must hold the reserved item for the shopper until DuelaPay confirms final payment. Items must not be sold to other customers during the lay-by period.
• Integration compliance: Merchants must list their DuelaPay price using a product link generated via the DuelaPay merchant portal, or an approved API integration. Unauthorised use of DuelaPay's payment processing infrastructure is prohibited.
• Default risk: DuelaPay assumes the installment default risk. Amounts already paid out to the merchant are not reversible, except in cases of merchant fraud or material breach of the Merchant Partner Agreement.

7. Prohibited Activities

You must not use the DuelaPay Platform to:

• Engage in any fraudulent, deceptive, or misleading activity, including creating multiple accounts or misrepresenting your identity.
• Initiate lay-bys with no genuine intention to complete payments.
• Use the Platform in violation of any applicable South African law, including but not limited to the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), the Financial Intelligence Centre Act, 38 of 2001 ("FICA"), and the CPA.
• Reverse-engineer, decompile, or tamper with any part of the DuelaPay Platform.
• Transmit any malicious code, viruses, or disruptive software via the Platform.
• Circumvent, disable, or interfere with any security-related features of the Platform.
• Resell, sublicense, or otherwise commercialise access to the DuelaPay Platform without our prior written consent.

DuelaPay reserves the right to immediately suspend or permanently terminate any account found to be engaged in prohibited activities and to refer suspected fraud to the South African Police Service and relevant financial intelligence authorities.

8. Privacy & Data

DuelaPay collects and processes personal information in accordance with the Protection of Personal Information Act, 4 of 2013 ("POPIA") and our Privacy Policy, which forms part of these Terms.

By using the Platform, you consent to the collection, processing, and use of your personal information as described in the Privacy Policy. This includes sharing relevant information with partner merchants, payment processors, and analytics providers in accordance with POPIA.

9. Intellectual Property

All intellectual property rights in the DuelaPay Platform, including the website, mobile application, brand assets, content, technology, and trademarks, are owned by or licensed to DuelaPay (Pty) Ltd. Nothing in these Terms grants you any right, title, or interest in DuelaPay's intellectual property.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purposes as a shopper or merchant. This licence does not extend to reproduction, distribution, or commercial exploitation of any Platform content.

10. Limitation of Liability

To the maximum extent permitted by applicable South African law, DuelaPay's total liability to you for any claim arising out of or in connection with the Platform shall not exceed the total amount you have paid to DuelaPay in the 12 months preceding the claim.

DuelaPay is not liable for:

• Any indirect, incidental, consequential, or punitive damages.
• Any loss of profit, business opportunity, data, or goodwill.
• Any failure or delay caused by circumstances outside our reasonable control (force majeure), including load-shedding, network outages, or payment processor failures.
• The quality, fitness for purpose, or delivery of products purchased through partner merchants. Disputes regarding product quality must be raised with the relevant merchant and are subject to the CPA.

Nothing in these Terms limits or excludes liability for fraud, gross negligence, or any other liability that cannot be excluded under South African law.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The following legislation applies to your use of DuelaPay:

• The Consumer Protection Act, 68 of 2008 ("CPA") — which provides shoppers with statutory rights including the right to cancel, the right to safe products, and protection against unfair contract terms.
• The Electronic Communications and Transactions Act, 25 of 2002 ("ECTA") — governing electronic contracts, consumer disclosure, and online transactions.
• The Protection of Personal Information Act, 4 of 2013 ("POPIA") — governing the processing of personal data.
• The National Credit Act, 34 of 2005 ("NCA") — DuelaPay's lay-by model does not constitute credit provision under the NCA, as no credit is extended to shoppers.

Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the South African courts, unless resolved earlier through the dispute resolution process below.

12. Contact & Dispute Resolution

If you have a complaint or dispute with DuelaPay, please contact us first to allow us the opportunity to resolve the matter:

• Email: support@duelapay.com
• WhatsApp: Available via the DuelaPay app
• Registered address: DuelaPay (Pty) Ltd, South Africa

If your complaint is not resolved to your satisfaction within 20 business days, you may refer it to the Consumer Goods and Services Ombud (CGSO), which is the relevant statutory consumer goods and services complaints body under the CPA. The CGSO can be contacted at www.cgso.org.za.

For payment-related disputes involving our banking partners, you may also contact the Ombudsman for Banking Services at www.obssa.co.za.