EFFECTIVE DATE: 6 AUGUST 2026 | VERSION
1. INTRODUCTION AND PARTIES
1.1 These Terms of Use (“Terms”) govern access to and use of the Oxygen Mobile (Pty) Ltd (“Oxygen Mobile”, “we”, “us” or “our”) website, portal and any Oxygen-branded or employer white-labelled digital journey through which products, services or payroll-linked opportunities are promoted or introduced (“Website”).
1.2 The Website is managed and operated by Oxygen Mobile (Pty) Ltd. Oxygen Mobile is a separate legal entity and contracts in its own name, except where a specific product page, Product Schedule, checkout flow or agreement clearly identifies another contracting supplier.
1.3 For payroll-linked Devices, SIM Cards, Data, voice, Connectivity Services and related products (“Payroll Products”), Boodle Mobile (Pty) Ltd (“Boodle Mobile”) is the sole contracting supplier to both the participating employer and the individual applicant or User. Oxygen Mobile acts as the distribution, marketing and employer-relationship channel for that payroll opportunity.
1.4 In relation to Payroll Products supplied by Boodle Mobile, Oxygen Mobile does not determine eligibility or approval, does not receive payroll deductions or card payments and is not a party to the agreement concluded between the User and Boodle Mobile.
1.5 Oxygen Mobile may also market, facilitate or supply products and services in collaboration with third-party network operators, suppliers or commercial partners, which may include Cell C, Vodacom etc. The identity of the contracting supplier and the terms applicable to that product or service will be disclosed to the User before the User accepts or purchases it.
1.6 By accessing or using the Website, creating an Account, submitting information or proceeding through an application journey, you agree to these Terms. Additional terms may apply to a specific product or service and will be presented before you contract.
2. DEFINITIONS
2.1 “Account” means a User profile created on the Website or within the systems used to provide access to a product, service or application journey.
2.2 “Boodle Terms” means Boodle Mobile’s Terms of Use & Rental Agreement, Privacy Policy and applicable Product Schedule accepted by a User for Payroll Products.
2.3 “Employer Payroll Program” means a program under which a participating employer deducts amounts from a User’s salary and remits them to Boodle Mobile together with an employee-level reconciliation schedule.
2.4 “Participating Employer” means an employer that has entered into an agreement with Boodle Mobile for an Employer Payroll Program.
2.5 “Personal Information” has the meaning given in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
2.6 “User”, “you” or “your” means any person who accesses or uses the Website, including an employee applying for Payroll Products.
3. REGISTRATION AND WEBSITE USE
3.1 You may be required to register and create an Account before accessing certain Website functions or application journeys.
3.2 You must provide accurate, complete and current information and must update it when it changes.
3.3 Your username, password, OTP and other access credentials are personal to you. You must keep them secure and may not disclose them to another person.
3.4 You must notify us immediately if you become aware of or reasonably suspect unauthorised access to your Account or credentials and must take reasonable steps to mitigate any resulting harm.
3.5 You are responsible for activity performed through your Account, except to the extent that the activity results from our gross negligence, wilful misconduct or a security failure for which we are legally responsible.
3.6 You may incur mobile, internet or Data costs when using the Website. These costs are for your account.
3.7 You must be at least 18 years old and legally capable of accepting these Website Terms. Where a Boodle Mobile Payroll Product requires a higher minimum age or additional eligibility criteria, the Boodle Terms and application requirements will apply.
4. ACCEPTABLE USE
4.1 You may not use the Website to commit fraud, misrepresent your identity, submit false documentation, interfere with systems, introduce malicious code, bypass security controls, scrape or copy content without permission, or engage in any unlawful, abusive or harmful conduct.
4.2 You may not use any robot, spider, automated device or manual process to monitor, copy, distribute or modify the Website or its content without prior written consent, except for standard search-engine indexing.
4.3 You may not publish or distribute defamatory, discriminatory, hateful, offensive, unlawful or infringing material through the Website.
4.4 We may restrict, suspend or terminate access where reasonably necessary to protect the Website, Users, employers, Boodle Mobile or other service providers, or to comply with law.
5. PAYROLL-LINKED APPLICATION JOURNEY
5.1 Payroll Products may be presented through an Oxygen-branded or Participating Employer white-labelled journey, including where Boodle Mobile functionality is embedded within that journey.
5.2 Before applying, the User must be clearly informed that Boodle Mobile is the sole contracting supplier and must accept the Boodle Terms, Privacy Policy and Product Schedule.
5.3 Oxygen Mobile and the Participating Employer do not become the supplier, lessor or contracting party merely because their branding, Website or portal is used.
6. PAYROLL DEDUCTIONS AND PAYMENT FLOW
6.1 Payroll deductions and all other payments for Payroll Products are made to Boodle Mobile in accordance with the Boodle Terms. Oxygen Mobile does not receive or process those payments.
6.2 Payment-card details are processed only by Boodle Mobile or its authorised payment provider and are not accessible to Oxygen Mobile or the Participating Employer.
6.3 The User’s liability, employer remittance obligations, failed deductions, insolvency risk and any move to a direct Payment Method are governed exclusively by the Boodle Terms.
7. PERSONAL INFORMATION AND DATA FLOW
7.1 Information entered into an embedded Boodle Mobile application is collected and processed by or on behalf of Boodle Mobile under its Privacy Policy.
7.2 Oxygen Mobile will not receive the User’s card details, TransUnion result, detailed risk assessment, arrears information or collection information.
7.3 Any separate Personal Information collected by Oxygen Mobile for Website, marketing or employer-relationship purposes will be processed under the Oxygen Mobile Privacy Policy and POPIA.
8. USER CONSENT AND ACKNOWLEDGEMENTS
8.1 Before entering the embedded payroll application, the User must acknowledge that Boodle Mobile is the contracting supplier, will process the application information and will conduct the relevant assessments.
8.2 The User must separately accept the Boodle Terms, Privacy Policy and Product Schedule. Electronic acceptance may be retained as evidence.
9. PRODUCTS, PRICING AND THIRD-PARTY TERMS
9.1 Product descriptions, pricing, availability and eligibility criteria may change. The final User-specific commercial terms for a Payroll Product will be recorded in the Boodle Mobile Product Schedule.
9.2 Oxygen Mobile does not guarantee that a User will qualify for a product, that stock will be available or that an application will be approved.
9.3 Third-party services, payment providers, network services and external links may be subject to separate terms and privacy policies.
10. INTELLECTUAL PROPERTY
10.1 The Website, branding, text, graphics, software, databases and other content are owned by or licensed to Oxygen Mobile, Boodle Mobile or their licensors.
10.2 You may use the Website only for lawful personal or business purposes connected with the services offered. You may not copy, reproduce, modify, publish, distribute or commercially exploit Website content without prior written permission.
11. WEBSITE AVAILABILITY AND SECURITY
11.1 The Website is provided on an “as available” basis. We do not guarantee uninterrupted access, error-free operation, compatibility with every device or continuous availability of third-party systems.
11.2 We will use reasonable efforts to maintain the Website and remedy known material faults within a reasonable period.
11.3 We do not warrant that the Website is free from every malicious component but will implement reasonable technical and organisational safeguards appropriate to the risks.
12. LIMITATION OF LIABILITY AND INDEMNITY
12.1 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008, POPIA or any other applicable law, including liability arising from gross negligence or willful misconduct.
12.2 Subject to clause 12.1, Oxygen Mobile is not liable for a Boodle Mobile approval decision, the supply or performance of Payroll Products, payroll errors, employer non-remittance, payment failures, network outages, third-party systems or any loss arising under the agreement between the User and Boodle Mobile.
12.3 Oxygen Mobile is not a party to, and assumes no liability or payment obligation under, the agreement between the User and Boodle Mobile.
12.4 You indemnify Oxygen Mobile against losses, claims, costs or liability arising from your unlawful use of the Website, fraud, false information, infringement of rights or breach of these Terms, except to the extent caused by Oxygen Mobile’s gross negligence or wilful misconduct.
12.5 Any permitted claim against Oxygen Mobile is limited to direct loss reasonably foreseeable from the relevant breach. Oxygen Mobile is not liable for indirect or consequential loss, loss of profit or loss of business, except where such exclusion is prohibited by law.
13. IMPORTANT CPA SECTION 49 NOTICE
13.1 Clauses 3 (Account responsibility), 4 (Acceptable Use), 5 (Payroll Application Journey), 6 (Payroll Deductions and Payment Flow), 7 (Personal Information and Data Flow), 11 (Website Availability and Security) and 12 (Limitation of Liability and Indemnity) limit rights, create obligations or require the User to accept certain risks. Please read these clauses carefully before accepting these Terms.
14. ORDER OF PRECEDENCE
14.1 These Terms govern general use of the Oxygen Mobile Website.
14.2 For Payroll Products, the Boodle Terms, Privacy Policy and Product Schedule govern and prevail over any inconsistent Website, portal, marketing or employer communication.
15. CHANGES TO THESE TERMS
15.1 We may amend these Terms from time to time. Material changes will be communicated through the Website, by email or by another reasonable electronic method before they take effect where required by law.
15.2 Continued use of the Website after the effective date of revised Terms constitutes acceptance, subject to any rights that cannot lawfully be limited.
16. NOTICES AND SUPPORT
16.1 Website access or Oxygen Mobile branding queries may be sent to info@oxygenmobile.co.za or raised telephonically on +27 (0)76 159-6666.
16.2 Product, billing, payment, cancellation, support, collection and Device-return queries relating to Payroll Products must be directed to Boodle Mobile using the contact details stated in the Boodle Terms or Product Schedule.
17. GENERAL
17.1 If any provision is invalid or unenforceable, it will be severed and the remaining provisions will continue.
17.2 No failure or delay in enforcing a right is a waiver.
17.3 These Terms are governed by South African law. Subject to applicable consumer rights, disputes relating only to use of the Website will be subject to the jurisdiction of the South African courts.
