Statutory Legal, Tax, POPIA & ECTA Compliance Center
PullThru (pullthru.co.za) is engineered from the ground up to comply with South African banking, tax, consumer protection, and data privacy statutes. This document governs the dual contractual relationship between PullThru Technologies (Pty) Ltd, Event Hosts (Principals), and Guests (Contributors).
Your event kitty settles straight to your SA bank account
PullThru never pools or holds your money. Every paid spot is split at source by Paystack Subaccounts so 100% of the Base Event Contribution routes directly to your Capitec, FNB, Standard Bank, Absa, Nedbank, TymeBank, or Discovery account. Casual private cost-sharing (meat, turf, or group gifts) is non-taxable reimbursement.
No app download, zero WhatsApp spam, free 1-tap transfers
Lock in via Capitec Pay, Apple Pay, or Instant EFT in 8 seconds. Can't make it? Use your digital pass's “Swap My Spot” link to transfer your spot to a friend on WhatsApp for R0.00. You can also hide your name on the public wall or skip entering your email via our POPIA proxy.
Built for PASA, SARB, SARS, CGSO & Information Regulator
Disclosed commercial agency under SARB Directive 1 of 2007, dual-contract VAT Act s54 accounting, automated Gambling & Insurance Act keyword screening, CPA s49 risk notice, and the full 18-point ECTA s43(1) statutory table.
SARB Directive 1 of 2007 • NPS Act 78 of 1998 • Banks Act 94 of 1990
Clause 1: Appointment as Disclosed Commercial Ticketing & Collection Technology Agent
1.1 Disclosed Commercial Mandate: By publishing a paid event, social pot, or cost-sharing kitty on PullThru, the named Event Organiser (“Host” / “Principal”) expressly appoints PullThru Technologies (Pty) Ltd as their disclosed commercial ticketing software provider and payment routing agent for the limited purpose of issuing cryptographic RSVP passes and routing Guest contributions via Paystack South Africa (Pty) Ltd (an authorised System Operator and Third-Party Payment Provider registered with PASA under the National Payment System Act 78 of 1998).
1.2 Zero Custody / Split-at-Source Architecture: PullThru operates a strict Split-at-Source architecture powered by Paystack Subaccounts configured with bearer: "account" and exact transaction_charge parameters:
- 100% of the Base Event Contribution (
basePriceCents) is routed at the point of clearing by Paystack directly into the Host's designated South African bank subaccount ledger. - PullThru Never Pools or Holds Host Funds: PullThru never takes custody, possession, or discretionary control of Host event contributions in PullThru's own corporate bank account, and never acts as an unregistered bank, stokvel depository, or unlicensed intermediary under the Banks Act 94 of 1990 or SARB Directive 1 of 2007.
- Discharge of Payment Obligation: Upon Paystack confirming successful payment clearing from the Guest, the Guest's obligation to the Host for the Base Event Contribution is legally discharged as if paid directly to the Host.
tier_0_new) whose total event pot exceeds R3,000.00, the Host's Paystack Subaccount settlement schedule is set to settlement_schedule: "manual" inside Paystack's regulated clearing ledger until the event takes place or QR check-ins confirm attendance. Funds remain exclusively inside Paystack's regulated settlement environment during this hold.Value-Added Tax Act 89 of 1991 (s54) • Income Tax Act 58 of 1962 (s1 “Gross Income”)
Clause 2: SARS Disclosed Agency & Dual Contractual Structure
Every paid checkout on PullThru executes two legally distinct, simultaneously disclosed contracts displayed transparently on the Guest's checkout screen and itemised receipt:
Instant Software RSVP Issuance & Payment Clearing Service Fee
Entered into strictly between the Guest and PullThru Technologies (Pty) Ltd. In consideration for generating the instant cryptographic RSVP pass, WhatsApp status card, and absorbing Paystack clearing fees, PullThru charges 5% + R2.00 per checkout (or 4% + R2.00 when total checkout base > R400). Only this platform fee constitutes PullThru's “gross income” under Section 1 of the Income Tax Act. PullThru operates as a non-VAT vendor under Section 23 of the Value-Added Tax Act 89 of 1991 (gross annual turnover below the compulsory R1,000,000 registration threshold).
Base Event Contribution / Cost-Sharing Mandate
Entered into strictly between the Guest and the named Event Host (Principal). In accordance with Section 54 of the Value-Added Tax Act 89 of 1991 and South African common-law agency principles (CIR v Genn & Co (Pty) Ltd), the Base Event Contribution does not accrue to PullThru beneficially and forms no part of PullThru's turnover or VAT output liability.
Host Tax FAQ: Casual Cost-Sharing vs. Commercial Hosts & SBC Section 12E
Q1: Do I owe SARS income tax when my friends chip in R150 each for meat, charcoal, or a 5-a-side astro turf booking?
No, if it is genuine cost-sharing reimbursement without a profit-making scheme. Under South African tax law, when friends pool funds solely to reimburse shared private expenses (e.g., meat for a Saturday braai, turf hire, or a communal birthday gift) with no commercial profit motive, those reimbursements are capital/private cost recoveries and do not constitute “gross income” from a trade.
Q2: What if I run commercial events, run clubs, or profit-making ticketed experiences?
Commercial Hosts operating a scheme of profit-making are solely responsible for declaring their net event revenue to SARS. If a Commercial Host's taxable supplies exceed R1,000,000 in any 12-month period, the Host is responsible for registering for VAT under the VAT Act.
Q3: Corporate Tax & Small Business Corporation (SBC) Section 12E Note:
Because PullThru only recognises its own platform fee (5% + R2) as turnover under Section 54 disclosed agency accounting, Host event kitties do not inflate PullThru's gross revenue thresholds for SARS Small Business Corporation (Section 12E of the Income Tax Act) or compulsory VAT registration purposes.
Consumer Protection Act 68 of 2008 (s17 & s27) • ECTA Act 25 of 2002 (s42(2)(j))
Clause 3: Refund Policy, Rainout Postponement & “Swap My Spot”
3.1 Why the Software RSVP & Clearing Fee is Non-Refundable: Under Contract A, PullThru's 5% + R2.00 (or 4% + R2.00 above R400) fee is earned in full upon the instantaneous generation of your cryptographic QR RSVP Pass, WhatsApp capacity lock, and third-party payment clearing execution. Because this digital software service is completely rendered at checkout and Paystack clearing charges are non-recoverable on refunds, the Software RSVP & Clearing Fee is strictly non-refundable once the pass is issued.
3.2 Exclusion of 7-Day Cooling-Off Right (ECTA Section 42(2)(j)): Pursuant to Section 42(2)(j) of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the general 7-day cooling-off right under Section 44 of ECTA does not apply to electronic transactions where the supplier undertakes to provide accommodation, transport, catering, or leisure services on a specific date or within a specific period.
3.3 Free “Swap My Spot” Peer-to-Peer Transfer Tool: Can't make it to 5-a-side or the Saturday braai? Every paid Guest RSVP includes a free “Swap My Spot” link on their digital pass. With one tap, a Guest can reassign their locked spot and QR pass to a replacement friend on WhatsApp at R0.00 platform transfer cost, eliminating host admin and protecting the group pot.
3.4 Host Responsibility for Base Event Contribution Refunds & Rainouts: Because 100% of the Base Event Contribution is settled directly to the Host's subaccount under Contract B, any refund of the Base Event Contribution (including under CPA Section 17 cancellation rules or event cancellation/rainout postponement) is the sole financial responsibility of the named Event Host. If an outdoor event (such as a padel match, run club, or braai) is postponed due to severe weather, all locked RSVP passes automatically roll over to the rescheduled rainout date unless the Host elects to issue a base-contribution refund.
3.5 Mandatory CPA Section 17(5) Cancellation Carve-Out (Death or Hospitalisation): In strict accordance with Section 17(5) of the Consumer Protection Act 68 of 2008, no cancellation charge or non-refundable fee deduction shall apply where a Guest is unable to honour their booking due to the death or hospitalisation of the Guest or the person for whose benefit the booking was made. Upon electronic submission of reasonable medical or hospitalisation proof to legal@pullthru.co.za, PullThru will facilitate a full manual refund of the Software RSVP & Clearing Fee and coordinate with the named Host regarding reimbursement of the Base Event Contribution.
Consumer Protection Act 68 of 2008 • Plain & Conspicuous Statutory Risk Notice
Clause 4: Limitation of Liability & Assumption of Risk (CPA Section 49 & Section 51(1)(c) Conspicuous Notice)
IMPORTANT CONSPICUOUS NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008:
1. PULLTHRU TECHNOLOGIES (PTY) LTD PROVIDES ONLY CLOUD RSVP SOFTWARE AND DISCLOSED PAYMENT ROUTING. PULLTHRU DOES NOT ORGANISE, HOST, SUPERVISE, INSPECT, CATER, OR CONTROL ANY PHYSICAL EVENT, VENUE, SPORTS MATCH, BRAAI, HIKE, OR SOCIAL GATHERING LISTED ON THE PLATFORM.
2. BY LOCKING IN AN RSVP OR ATTENDING AN EVENT, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL ATTENDANCE, INCLUDING BUT NOT LIMITED TO: VENUE SAFETY HAZARDS, SPORTS INJURIES (E.G. 5-A-SIDE SOCCER, PADEL, RUN CLUBS, HIKES), CATERING, ALLERGENS, FOODBORNE ILLNESS, ALCOHOL CONSUMPTION, THEFT OR DAMAGE TO PERSONAL PROPERTY, OR NON-PERFORMANCE / MISAPPROPRIATION BY THE NAMED EVENT HOST.
3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULLTHRU TECHNOLOGIES (PTY) LTD, ITS DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE ARISING OUT OF THE HOST'S CONDUCT OR THE PHYSICAL EVENT, AND PULLTHRU'S MAXIMUM AGGREGATE LIABILITY UNDER CONTRACT A SHALL BE STRICTLY LIMITED TO THE SOFTWARE RSVP FEE PAID BY YOU TO PULLTHRU.
National Gambling Act 7 of 2004 • Insurance Act 18 of 2017 • Banks Act 94 of 1990
Clause 5: Strictly Prohibited Uses & Automated Statutory Filter
PullThru enforces an automated statutory compliance filter at event creation and checkout. Hosts are strictly prohibited from using PullThru to create, promote, or collect funds for any of the following regulated activities:
Pursuant to the National Gambling Act 7 of 2004, PullThru strictly bans Fantasy Premier League (FPL) cash buy-ins, SuperBru cash prize pools, sports sweeps, raffles, lotteries, lucky draws, poker buy-ins, and any game of chance or mixed skill/chance for a cash prize.
Pursuant to the Insurance Act 18 of 2017, PullThru strictly bans recurring burial societies, monthly funeral cover schemes, or contingent risk policies promising future benefits on death.
Permitted Cultural Carve-Out: Spontaneous, one-off bereavement condolence gifts (imali yenduduzo / floral & catering support after a bereavement has already occurred, with no prior contractual entitlement) are lawful gifts and are expressly permitted.
Pursuant to the Banks Act 94 of 1990 and FAIS Act, PullThru strictly bans savings/investment clubs promising interest or returns, forex/crypto pools, pyramid/multiplication schemes, or commercial deposit-taking from the general public.
Protection of Personal Information Act 4 of 2013 (Sections 18, 55 & 69) • ECTA Act 25 of 2002 (Section 43)
Clause 6: POPIA Section 18 Privacy Notice, Synthetic Email Proxy Disclosure & ECTA Section 43 Mandatory 18-Point Statutory Table
6.1 POPIA Section 18 Notification & Synthetic Email Proxy Disclosure
- Purpose of Processing (POPIA s13 & s18): We collect only your Display Name, WhatsApp cell number, optional dietary/custom host question response, and transaction reference strictly to issue your RSVP Pass, display your attendance on the Event Roll-Call (unless you toggle Anonymous Guest), and settle your Base Event Contribution to the Host.
- Synthetic Email Routing Proxy Disclosure: To eliminate checkout friction on WhatsApp, if a Guest does not enter a personal email address at checkout, PullThru automatically generates a deterministic, non-marketing technical proxy address in the format
wa_27XXXXXXXXX@rsvp.pullthru.co.zasolely to satisfy Paystack's gateway clearing payload requirement. Your WhatsApp number is never sold or used for unsolicited electronic marketing (POPIA Section 69). - Information Officer & Regulator Registration Guide (POPIA s55): PullThru's designated Information Officer is L. Mokoena (privacy@pullthru.co.za / legal@pullthru.co.za). Statutory Information Officer registration is maintained via the Information Regulator of South Africa portal at eservices.inforegulator.org.za (15-minute CIPC director self-service registration workflow). Data subjects may lodge access, correction, or deletion requests at any time or contact the Information Regulator at POPIAComplaints@inforegulator.org.za.
- Data Retention & De-Identification Schedule (POPIA Section 14 & Tax Administration Act s29): Public Guest Wall entries and optional dietary/custom host answers (
custom_answer) are automatically de-identified 90 days after the event date concludes. Statutory financial order records (public.orders) are retained in encrypted, RLS-locked storage for 5 years strictly as required by Section 29 of the Tax Administration Act 28 of 2011 and Section 14(1)(a) of POPIA. - Children's Personal Information & Parental Consent (POPIA Section 34 & 35): PullThru does not knowingly collect personal information directly from children under 18 years of age. Where an Event Host creates family ticket tiers (e.g. “Kids Under 12”) or a Guest includes minors in
plus_one_names, the person submitting such details expressly warrants and confirms that they are a “competent person” (parent or legal guardian) in terms of Section 35(1)(a) of the Protection of Personal Information Act 4 of 2013, lawfully consenting to the processing and public social wall display of the minor's first name or nickname.
6.2 ECTA Section 43(1) Mandatory 18-Point Statutory Disclosure Table
Full compliance with all 18 disclosures required under Section 43(1) of the Electronic Communications and Transactions Act 25 of 2002, extinguishing the statutory 14-day cancellation penalty under Section 43(3) of ECTA:
| ECTA s43(1) Statutory Item | PullThru Statutory Disclosure |
|---|---|
| 1. Full Name & Legal Status | PullThru Technologies (Pty) Ltd (trading as "PullThru" / pullthru.co.za) — South African digital event ticketing and WhatsApp collection technology platform. |
| 2. Physical Address & Domicilium Citandi et Executandi | Workshop17 Watershed, 17 Dock Road, V&A Waterfront, Cape Town, 8001, Republic of South Africa. Direct statutory contact: legal@pullthru.co.za. |
| 3. Web Site Address & Official Electronic Mail | Website: https://pullthru.co.za | Compliance & Privacy Desk: legal@pullthru.co.za & privacy@pullthru.co.za | Customer Support: support@pullthru.co.za |
| 4. Telephone Number | +27 (0) 21 001 4920 (WhatsApp & Electronic Support Desk, Mon–Fri 08:00–17:00 SAST). Direct inquiries: support@pullthru.co.za. |
| 5. Company Registration Number & Information Officer | CIPC Registration: PullThru Technologies (Pty) Ltd (Reg. No. 2026/104829/07). Designated Information Officer under POPIA Sections 17, 18 & 55: L. Mokoena (privacy@pullthru.co.za / legal@pullthru.co.za). |
| 6. Physical Address for Receipt of Legal Service | Workshop17 Watershed, 17 Dock Road, V&A Waterfront, Cape Town, 8001, Republic of South Africa, and electronic service at legal@pullthru.co.za. |
| 7. Membership of Self-Regulatory or Accreditation Bodies | Payment processing is executed via Paystack South Africa (Pty) Ltd, an authorised System Operator registered with the Payments Association of South Africa (PASA) and PCI-DSS Level 1 compliant. |
| 8. Code of Conduct | PullThru subscribes to the Consumer Goods and Services Ombud (CGSO) Code of Conduct under the Consumer Protection Act 68 of 2008, electronically accessible at https://www.cgso.org.za. |
| 9. Main Characteristics of Goods / Services Offered | Cloud-hosted software-as-a-service (SaaS) social RSVP management, automated WhatsApp capacity tracking, cryptographic QR check-in passes, and disclosed commercial collection agency routing via Paystack Subaccounts. |
| 10. Full Price of Services (Including Taxes & Clearing Fees) | Free RSVPs: R0.00. Paid RSVPs (R50.00 minimum): Base Event Contribution set by the Host (100% settled to Host) plus a transparent, itemised Instant Software RSVP & Payment Clearing Fee of 5% + R2.00 per checkout (or 4% + R2.00 when total checkout base exceeds R400.00). Multi-spot (+1) bundles pay the R2.00 flat clearing fee only once. All fees are displayed prior to checkout. |
| 11. Manner of Payment | Capitec Pay (Open Banking API), Instant EFT (via Paystack / Ozow), Apple Pay, Samsung Pay, and 3D-Secure Visa/Mastercard Debit & Credit Cards processed directly at source by Paystack South Africa (Pty) Ltd. |
| 12. Terms of Agreement & How to Access / Store Record | These Terms govern every checkout and RSVP. Guests and Hosts may download, print, or save this page at any time, and every transaction generates a permanent cryptographic receipt link at pullthru.co.za. |
| 13. Time of Performance / Delivery | Digital RSVP Passes, WhatsApp confirmation cards, and "Swap My Spot" transfer tokens are issued instantaneously (within 2 seconds of Paystack webhook confirmation). Physical/social events take place on the date specified by the named Host. |
| 14. Manner & Period Within Which Consumers May Access Full Transaction Record | Consumers may inspect their full itemised transaction history, dual-contract split breakdown, and QR pass for a minimum of 5 years via their unique RSVP Pass link or by querying legal@pullthru.co.za. |
| 15. Return, Exchange, Refund & "Swap My Spot" Policy | Software RSVP & Clearing Fees are earned upon instantaneous pass issuance and are non-refundable. Dated leisure/catering bookings are exempt from the 7-day cooling-off period under ECTA s42(2)(j). Guests may transfer their paid spot for free via "Swap My Spot" or request a base-contribution refund directly from the Host. |
| 16. Alternative Dispute Resolution (ADR) & Ombud | Unresolved consumer disputes may be referred to the Consumer Goods and Services Ombud (CGSO) at info@cgso.org.za, the National Consumer Commission (NCC), or the Information Regulator (POPIA matters). |
| 17. Security Procedures & Privacy Policy | TLS 1.3 encryption in transit, AES-256 encryption at rest, HMAC-SHA512 Paystack webhook verification, zero storage of raw PAN/CVV card credentials, and strict POPIA Section 18 compliance (see Clause 6 below). |
| 18. Minimum Duration of Agreement | Single-event transactional mandate per RSVP or event creation; zero recurring subscription lock-in or minimum duration obligations for Guests or Hosts. |
Questions about SARB Split-at-Source Subaccounts, CPA s49, or POPIA s18?
Contact our Statutory Legal & Compliance Desk at legal@pullthru.co.za