Cardholder Terms & Conditions of Use

Operating rules, physical card custody obligations, wallet settlement, and statutory disclosures for attendees, visitors, and cardholders at events powered by Fair Share.

1. Introduction & Merchant Relationship (Who Sells to Whom)

Fair Share is a specialized event point-of-sale, pre-registration, and transaction ledger software platform operated by FairShare ("the Platform Operator"). The platform is licensed by independent hosting organizations, including schools, churches, sports clubs, charitable bodies, and festival committees ("the Event Organizer").

• Direct Merchant Relationship: When you purchase goods, food, beverages, tokens, rides, or services at an event stall, your purchase agreement is formed directly and exclusively with the Event Organizer (or its independent stallholder). The Event Organizer is the seller and retailer of all goods and services.
• Technology Provider Role (Non-Custodial): Fair Share acts solely as an independent technology infrastructure provider. Fair Share never holds, pools, manages, or takes custody of attendee funds or banking deposits. All payments (cash, speed-point card swipes, SnapScan, Zapper, or direct EFTs) are processed directly into the bank accounts or merchant facilities owned and operated by the Event Organizer. Fair Share does not operate as a bank, financial intermediary, or deposit-taking institution under the South African Banks Act, 1990.

2. Physical Card Custody, PINs & Minor Attendees

• Cash Equivalence: Physical QR cards, wristbands, and digital passes represent real spendable credit or an open payment tab. You must safeguard your card with the same vigilance and care as physical cash.
• Sole Custody: The cardholder retains exclusive physical custody and control of their pass throughout the event.
• Queue Speed & No PIN on Visitor Passes: To ensure fast queue throughput at busy fête, sports, and bazaar counters, standard attendee cards do not require a banking PIN at stall checkout. You must therefore prevent unauthorized persons from handling, possessing, or photographing your card's QR code.
• Minors & Children: At school sports days, church bazaars, and community carnivals, children frequently carry cards. Any parent, legal guardian, or adult who purchases, tops up, or entrusts a cashless pass to a minor assumes full legal and financial responsibility for supervising the minor's card custody, managing their expenditure, and honoring any orders or open tab balances incurred by the minor.

3. Lost, Stolen, or Damaged Cards (Reporting & Risk Allocation)

• Immediate Reporting Required: If your card is lost, misplaced, or stolen, you must report it immediately in person at the Event Reception / Central Cashier Desk.
• Instant System Lockout: Staff will identify your record (via card number, attendee name, or registered mobile phone number) and immediately deactivate the compromised card token across all cloud terminals. Any remaining verified balance will be transferred to a fresh replacement card.
• Allocation of Risk for Pre-Report Transactions: Because cards operate without a PIN for rapid checkout, neither the Event Organizer nor the Platform Operator is obliged to reimburse, reverse, or void unauthorized transactions processed prior to the official freezing of the card at Reception, except where such unauthorized spend directly results from a proven technical fault in the platform software or proven negligence by the Event Organizer or its authorized crew.
• Post-Report Immunity: Once a card has been successfully logged as frozen at Reception, the cardholder shall have no liability for any subsequent transactions attempted on that compromised card.

4. Wallet Models, Settlement & Unpaid Tabs

Events operate on either a Pre-Paid Wallet or Post-Payment Tab model as designated by the host organization:

• Pre-Paid Credit Wallet: Funds loaded at the gate or cashier desk form a prepaid balance. Purchases at stalls deduct immediately from this balance. Cardholders may check their live statement and remaining balance at any time by scanning their card's visitor QR code.
• Post-Payment Cashless Tab: Orders scanned at stalls accumulate on an open tab. Cardholders are strictly required to settle their tab at the Central Cashier Desk before exiting the event venue grounds.
• Unpaid Tabs as Lawful Debt: Every order rung up against an active tab represents a completed purchase and an enforceable financial debt owed by the cardholder to the Event Organizer. If a cardholder exits the venue grounds without settling their tab, the Event Organizer reserves the right to contact the cardholder (using details provided during pre-registration, gate intake, or ticket purchase) to demand immediate settlement. An open tab on a lost card remains the cardholder's debt until reported and frozen at Reception.

5. Unspent Balances, Refunds & Voluntary Donations

The Event Organizer is solely responsible for all funds loaded onto cards and for establishing its own cash-out and refund policies:

• Organizer's Refund Policy: The validity period of prepaid credit, cash-out options, and post-event refund procedures are determined solely by the Event Organizer, who holds all funds loaded onto cards. Please ask the Event Organizer or Cashier Desk about their refund policy before leaving the event.
• On-Site Cash-Out: Where the Event Organizer permits it, cardholders may present their card at the Central Cashier Desk before the event ends to collect remaining credit.
• Voluntary Donations: Cardholders may choose to donate all or part of their remaining balance to the Event Organizer's fundraising cause at the Cashier Desk. Unspent balances are never treated as a donation without the cardholder's express choice.
• Platform Operator Not Liable for Balances: FairShare does not hold, receive, or control attendee funds and has no obligation to refund, honour, or pay out any card balance. All claims regarding unspent credit must be directed to the Event Organizer.

6. Technical Infrastructure & Network Connectivity

Fair Share operates via modern, real-time cloud-based transaction ledger architecture. Stall point-of-sale scanners, central cashier checkouts, and visitor tracking portals rely on active internet connectivity (venue Wi-Fi or mobile cellular networks).

• Neither Fair Share nor the Event Organizer can be held liable for temporary processing delays or queuing pauses caused by localized cellular carrier downtime, venue Wi-Fi network disruptions, severe weather, or municipal electrical load shedding beyond our reasonable control.

7. Limitation of Liability & Product Liability Separation (CPA Section 61)

• Platform Software Limitation: Fair Share's liability is strictly limited to the provision, functionality, and ledger accuracy of the software system. Fair Share does not own, manage, inspect, or control the physical event grounds, stalls, or venue structures.
• Venue & Physical Premises Safety: Physical safety, crowd control, parking, amusement rides, and overall event premises management are the sole responsibility of the host Event Organizer and venue proprietor under common law and applicable municipal safety regulations.
• Stall Goods & Food Quality (CPA Section 61): In terms of Section 61 of the Consumer Protection Act, statutory product liability for unsafe, defective, or contaminated goods (including prepared foods, baked goods, beverages, and novelty items) rests strictly with the respective stall vendors, producers, and the Event Organizer. Fair Share exercises no physical control over food preparation, storage, or product safety and accepts no product liability.

8. Reusable Card Sustainability

Many community organizations utilize durable, laminated multi-year passes to reduce environmental waste and printing expenditure. When departing the event, please deposit your reusable pass into the designated collection bins at the cashier desk or exit gates so it can be cleaned, sanitized, and reused for the next community fête.

9. Governing Law, Variation & Severability

• Governing Law: These terms and any disputes arising out of the use of the platform or cashless cards shall be governed exclusively by the laws of the Republic of South Africa, and the cardholder consents to the jurisdiction of the competent South African courts (including Magistrates' Courts where applicable).
• Variation of Terms: The Platform Operator reserves the right to update these terms from time to time. The version published on this page at the date of an event governs all transactions for that event.
• Severability: If any provision of these terms is found by a court or regulator to be unlawful, void, or unenforceable under the Consumer Protection Act or other applicable statute, that provision shall be severed to the extent of its unenforceability without affecting the validity and enforceability of the remaining provisions.
• Electronic Communications: Communications sent via email, SMS, WhatsApp, or through the online portal satisfy all legal requirements for written notice under the Electronic Communications and Transactions Act, 2002.

10. Privacy & POPIA Compliance

We process personal information (attendee names, contact numbers, and transaction ledgers) strictly in accordance with South Africa's Protection of Personal Information Act, 2013 (Act No. 4 of 2013). For complete information on how your information is safeguarded, please view our full POPIA Privacy Notice.

11. Statutory Business Information (ECT Act Section 43 Disclosure)

In accordance with Section 43 of the South African Electronic Communications and Transactions Act, 2002 (ECT Act), the Platform Operator discloses the following statutory details: