Terms & Conditions

1. Acceptance of these Terms

These Terms & Conditions ("Terms") govern access to and use of Stamply — the website, progressive web app, and related services (together, the "App" or the "Service") — operated by Nuviq ("Nuviq", "we", "us", or "our"). By creating an account, accessing, or using the App in any way — whether as a business using Stamply to run a loyalty programme (a "Provider") or as a person collecting stamps and rewards (a "Customer") — you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the App.

If you are accepting these Terms on behalf of a business, you confirm that you have the authority to bind that business, and "you" refers to that business as well as you personally.

2. Changes to these Terms

We may update these Terms at any time, at our sole discretion, to reflect changes to the Service, legal or regulatory requirements, or our business practices. We will make a reasonable effort to indicate the date of the most recent revision above. Continued use of the App after any change to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

3. Eligibility and accounts

You must provide accurate, current, and complete information when creating an account, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorised by you. You must notify us immediately of any suspected unauthorised use of your account.

We reserve the right to refuse registration, or to suspend or terminate any account, at our sole discretion, including where we believe the information provided is inaccurate, fraudulent, or in breach of these Terms.

4. The Service

Stamply allows a Provider to operate a digital loyalty stamp card programme and allows a Customer to collect stamps and redeem rewards from Providers they visit. The App is provided on an "as is" and "as available" basis. We do not guarantee that the App will be uninterrupted, error-free, or available at all times, and we may modify, suspend, or discontinue any part of the Service at any time without liability to you.

No guarantee of business results. Use of the App does not guarantee any particular outcome for a Provider, including but not limited to customer acquisition, customer retention, repeat visits, sales volume, revenue, profit, or income growth of any kind. Any statistics, projections, or examples shown in the App or in our marketing materials are illustrative only and not a promise or warranty of results. You accept full responsibility for the commercial decisions you make in connection with your use of the App.

5. Provider terms

A Provider is responsible for the accuracy of its business information, the terms of any reward or loyalty programme it configures in the App, and honouring stamps and rewards issued to its Customers in accordance with its own stated programme terms. A Provider must comply with all laws applicable to its business, including consumer protection and tax laws.

Paid subscription plans, trial periods, billing cycles, and cancellation terms are as described in the App and on our website at the time of registration or subscription, and form part of these Terms by reference. Subscription fees apply to the Provider's business account only — Stamply is, and will remain, free of charge for Customers to use to collect and redeem stamps.

6. Customer terms

Stamps and rewards issued through the App have no cash value, are not transferable between Customers or redeemable for cash, and are subject at all times to the specific reward terms configured by the Provider who issued them. Nuviq is not a party to, and bears no responsibility for, the loyalty programme, products, services, or reward terms offered by any Provider. Any dispute regarding a stamp, redemption, or reward is between the Customer and the relevant Provider.

7. Information we collect and location data

To provide the Service, we collect information including: account and profile details (such as name, email address, and cellphone number); business details provided by Providers; transaction and usage data generated by using the App (such as stamps awarded, redemptions, and activity logs); device and technical information; and, where relevant to a feature of the App, location information (for example, approximate or precise location data from your device, or a Provider's registered business address), which may be used to provide or improve location-relevant features of the Service.

We process personal information in accordance with applicable data protection law, including South Africa's Protection of Personal Information Act, 2013 ("POPIA"), to the extent it applies to our processing activities.

8. How we use your information — your consent

By creating an account or otherwise using the App, you consent to Nuviq collecting, processing, and using your information as described in these Terms. We use the information we collect to: operate, provide, maintain, and improve the Service; process transactions and communications between Providers and Customers; send you service-related notifications; enforce these Terms; comply with legal obligations; and for analytics, research, and product development purposes.

You further consent that Nuviq and Stamply may use data collected through the App — including aggregated, anonymised, or de-identified data derived from your use of the Service — to develop, improve, and create new features, products, and services, including services offered to our Provider clients generally. We will not sell your identifiable personal information to third parties for their own independent marketing purposes.

9. Data security and limitation of liability for data

We take reasonable technical and organisational measures designed to protect information held in the App, including requiring authenticated, access-controlled requests to reach any personal or business data. However, no method of electronic storage or transmission is completely secure, and we cannot and do not guarantee the absolute security of any information.

To the fullest extent permitted by law, Nuviq shall not be liable for any loss, corruption, unauthorised access to, or disclosure of data, however caused, including as a result of a security breach, system failure, third-party act, or circumstances beyond our reasonable control. You are responsible for maintaining your own backups of any information you consider critical, to the extent the App allows.

10. Third-party services

Payment processing is provided by a third-party payment provider (currently Paystack). Card and payment data is captured and stored by that provider directly, not by Nuviq. Use of any third-party service integrated with the App is also subject to that provider's own terms and privacy policy.

11. Intellectual property

The App, including its software, design, text, graphics, logos, and the Stamply name and mark, is owned by Nuviq or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the App for its intended purpose, subject to these Terms. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works based on the App, except as expressly permitted by law.

12. Prohibited conduct

You agree not to:

• Use the App for any unlawful purpose or in violation of these Terms;
• Attempt to gain unauthorised access to any account, system, or data;
• Interfere with, disrupt, or place undue load on the App's infrastructure;
• Falsify stamps, redemptions, transactions, or any other record within the App, or attempt to circumvent the App's fraud-prevention or idempotency controls;
• Reverse-engineer, decompile, or scrape the App except as permitted by law;
• Use the App to transmit any harmful code, spam, or unlawful content.

13. Suspension and termination

We may suspend or terminate your access to the App at any time, with or without notice, for any reason, including breach of these Terms, non-payment of applicable fees, suspected fraud or abuse, or if we discontinue the Service. You may stop using the App, and a Provider may cancel its subscription, at any time in accordance with the cancellation process made available in the App.

14. Disclaimer of warranties

To the fullest extent permitted by law, the App is provided without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the App will be error-free, secure, or uninterrupted.

15. Limitation of liability

To the fullest extent permitted by law, Nuviq and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business, goodwill, or data, arising out of or in connection with your use of, or inability to use, the App, even if advised of the possibility of such damages. To the extent any liability cannot be excluded by law, Nuviq's total aggregate liability to you for any claim arising out of or relating to the App or these Terms shall not exceed the total fees actually paid by you to Nuviq in the three (3) months immediately preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify and hold Nuviq, its directors, employees, and agents harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use of the App; your breach of these Terms; your violation of any law or the rights of a third party; or, for a Provider, the operation of your business and your loyalty or reward programme.

17. Governing law

These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the South African courts for any dispute arising out of or relating to these Terms or the App.

18. General

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms constitute the entire agreement between you and Nuviq regarding the App and supersede any prior agreements.

19. Contact us

If you have any questions about these Terms, please contact us at legal@stamply.co.za.