MoneyGurus | Talking your money matters

Terms of service

Version 1.0, 01 May 2017

You accept these terms.

When you access the website at www.moneygurus.co.za ("the Website") or the MoneyGurus mobile phone or tablet application ("the Mobile Applications") (collectively, "the Service Channels") or use any of the features and functionalities available through these Service Channels, you enter into an agreement with MoneyGurus Propietary Limited (Registration No. 2016 / 156206 / 07), trading as MoneyGurus ("we", "us", "MoneyGurus") on the terms and conditions set out in these Terms of Service and the Privacy Policy attached to these terms as Annexure “A” (collectively the "Terms").

The Service that we provide.
1. The service MoneyGurus provides is a holistic personal financial health and awareness enhancement service that allows interactive input, which further optimizes the service on offer to you; it further allows for a continuous interface between you and an accredited financial expert, such that you are assisted to make day-to-day financial decisions that are in your utmost best interests ("the Service/s").
2. The Service includes advice on any money related issue and aspects related to it, whether simple or complex, provided by the accredited participants of MoneyGurus, who will be vetted.
3. An integral primary service we offer through MoneyGurus is procurement of financial services and products to the public, which is facilitated by your involvement. MoneyGurus provides tools that will map out the products that you may be in need of and you have qualified yourself to be approached in that regard, through interacting with various functionalities of MoneyGurus. It is worth noting that the procurement services will be customised according to confidential personal information of yours, we have been profiling you on, in order to comply with the Protection of Personal Iinformation Act, you agree that upon instigating a procurement exercise this information can be disclosed to experts subject to laid out rules of conduct and other terms.
4. MoneyGurus will provide you with the best optimised financial service delivery platform, ranging from financial literacy education material targeted with precision to you, to procurement of financial services and products. We will involve you in achieving holistic optimization with your constant interactive input, on an independent basis, such that your needs, wants and preferences are incorporated in the quality service we provide.
We will let you know if the Terms change.

Each time you access a Service Channel, you agree to be bound by the Terms. We can change the Terms at any time and will publish the amended Terms ("the New Terms") on the Service Channels. We will alert you to the fact that the Terms have changed and give you an opportunity to review the New Terms. If you don't agree to the New Terms, you can terminate your use of the Service by following the online process provided for this purpose.

We will keep your confidential personal information private.

We will ensure that reasonable security tools are used to protect any confidential information we receive from you during your usage of the Service Channels and the Services and only use it as set out in our Privacy Policy.

You must register to use the Service.
1. The Service has been advertised on the Service Channels as an invitation to you to register to use the Service.
2. Prior to you registering on the Service Channels as a user, we allow you access to minimal information on the platform and allow you minimal interaction and there shall be no collection of any confidential personal information prior to your registration.
3. To complete the registration process you will be required to fill in your name, surname, email address and choose a password, whether you represent yourself or your company (and your company’s name), your phone number, your gender, and a short description of yourself for purpose of listing you on the platform’s directory ("Registration Information
4. You will be required to provide all information necessary to enable MoneyGurus and any service providers to comply with the provisions of the Financial Intelligence Centre Act 38 of 2001. Such information will include but not be limited to proof of address documentation and other related information when required.
Fees and payment.
1. Subscription to MoneyGurus is ‘free of charge’.
2. MoneyGurus offers a platform where you can access various relevant financial applications, which could appeal to your interests and are hosted on our digital environment through contractual arrangements with the providers. Some of these products may in future be offered at a fee ("Subscription Fee").Notification of the applicable fee will be made available upon accessing the relevant application. You are therefore advised to read the terms and conditions applicable to the various applications to verify whether there are any fees applicable. Your usage of the relevant applications will be deemed to be consent on your part to pay the applicable fees.
3. We may in future charge a certain Subscription Fee for certain specialised services that we may introduce, if and when required, but will always notify you before we do. Should you not accept the revised Subscription Fee, you can terminate your subscription to the particular Service by following a stipulated process. .
4. Payment for Services and any applications used may be made by debit order, credit card or other commercially accepted payment methods set out on the Service Channels.
Use your Login Details to access the Service.
1. Each time you want to access the Service you must log in with the email address and password ("Login Details") provided as part of your Registration Information.
2. Keep your Login Details safe to prevent unauthorised access to the Service.
3. If you suspect there has been, or could have been, unauthorised access using your Login Details or your profile, you must:
  1. change your Login Details, or
  2. email us on info@moneygurus.co.za instructing us to block access.
4. When you email us we will immediately block access and let you know if we discover any actual or suspected unauthorised access.
Information you provide.
1. All the information you submit, including Confidential Personal Information and your Security Credentials, must be, and remain, accurate, current and complete. The information must be updated via the Service Channels if it changes.
2. You warrant that you are authorised to submit the Confidential Personal Information and Security Credentials to us.
3. By using the Service Channels, you grant us and other authorised service providers (“Service Providers”), whose products you have subscribed to or consume and who assist us to provide the Service to you, the right to use any information, data, materials or other content (collectively, "Content") you provide through or to the Service Channels, SOLELY for the purpose of providing the Service. Such use will always be in accordance with our Privacy Policy. By providing Content, you agree and warrant that the owner of such Content has expressly agreed that, without any particular time limit, we and our authorised Service Providers may use the Content ONLY for the purposes set out above. For the sake of clarity, "Content" does not refer to your Security Credentials, which are only ever used by ourselves and always in accordance with our Privacy Policy.
Communications that originate from you.

We may assume that all electronic communications which reasonably appear to originate from you or a person you have told us is authorised to act on your behalf (collectively "the originator") are in fact from you and the form in which we receive the communication is the same as when it was first sent.

Availability of the Service.
1. We will strive to make the Service available at all times with reasonable interruptions to allow for regular updates, maintenance and unexpected repairs.
2. We make no warranties with regards to the service related to products hosted on our environment for which we are not responsible.
To protect the integrity of our Service Channels and Proprietary Information.

You may not -

use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the Service Channels;
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to unlawfully and without our knowledge navigate or search the Service Channels, other than the search engines and search agents available through the Service and generally available to third-party web browsers;
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the Service Channels or the Service; and/or
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Service Channels or the Service.
Unlawful activity and user forums.
1. You may not use the Service Channels to post any message or material that is unlawful, defamatory, abusive, indecent, threatening, harmful, obscene, racially offensive, or pornographic. We will remove any posting or message that infringes this prohibition and, if you continue posting messages or material of this kind, we may terminate your use of the Service Channels.
2. Please be aware that postings and messages that you have allowed to be public are displayed under your registered name and will remain visible even after you terminate your use of the Service Channels, unless you specifically request this be removed as set out in the Privacy Policy.
Termination of your subscription to the Service by You or Us.
1. You may terminate your use of the Service at any time by following the termination procedure on the Service Channels or as set out in clause 13 (i.e. We will let you know if the Terms change) of the Terms.
2. We may terminate your subscription to the Service -
  1. at any time by giving you notice; and
  2. in the event of you breaching these Terms.
3. On termination -
  1. all your rights under these Terms will terminate immediately;
  2. If there were any fees incurred on specialised services we may introduce and you may have subscribed to, you must pay all fees and charges you have incurred up until the date of termination;
  3. we will close your account and deactivate your Login Details;
  4. we will remove from our records all your information in our possession other than information and data which we are obliged by law to retain.
Breach of these Terms.

Should any party ("the Defaulting Party") breach these Terms and fail to remedy the breach within (14) fourteen days of receiving written notice from the other party ("the Aggrieved Party"), the Aggrieved Party may, without prejudice to its other rights in law, terminate these Terms and related Services or claim immediate specific performance of all of the defaulting party's obligations whether or not due for performance.

Our intellectual property.
1. We own or are licensed to use all intellectual property rights in all materials, text, drawings, media and data (collectively "the Materials") made available on the Service Channels. This does not include your Account Information and other Confidential Personal Information which will always belong to you and will only be used by us in accordance with our Privacy Policy.
2. Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of the Materials is an infringement of our rights.
3. We own or are licensed to use the MoneyGurus Trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Service Channel whether registered or unregistered. You must get our permission in writing if you want to use any Trademark.
4. You may use the Materials only to the extent necessary to enable you to use the Service.
5. You shall indemnify MoneyGurus against all damages, losses, and expenses arising out of any action by a third party arising out your infringement of its intellectual property rights.

External websites and linking to our Service Channels.
1. Your use or reliance on external links is at your own risk.
2. We grant you a limited, nonexclusive right, revocable by us at any time, to create a hyperlink to our Service Channels, provided such link does not portray us or our Service in a false, misleading, derogatory or defamatory manner and/or does not misrepresent the relationship between the third party website and us.
We may send you alerts and notifications.
1. We may send alerts, notifications and other communications to you by way of email, SMS or other electronic delivery mechanisms and you consent to receive communications from us in any such manner.
2. We will send electronic alerts to the address (email or other address) you have provided to us. If your details change, please update them on the Service Channels.
3. You are entitled to switch account alerts that we send on or off.
Warranties.
1. Although we will always try to ensure the Service Channels are available, the Service and Service Channels are provided "as is". Subject to the Consumer Protection Act 68 of 2008 as read with any of its Regulations (collectively "the CPA"), we make no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this regard.
2. Subject to the CPA, we do not warrant that the Service, the Service Channels and the information they contain, or any output generated by your use of the Service, or any alert, will -
  1. meet your requirements or expectations;
  2. be uninterrupted, timely, secure or error free;
  3. meet any particular measure of accuracy, completeness or reliability, performance or quality;
  4. be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
3. No information obtained by you from us and/or our authorised Service Providers through or from the Service will create any warranty by us or the Service Provider in question.
4. You warrant that
  1. you are legally entitled to access the Service Channels and use the Service;
  2. you have, and will continue to have for the duration of the Terms, all necessary consents to use the Service and the Service Channels;
  3. you have capacity to be bound by the Terms.
Our and your liability is limited.
1. Neither we nor our directors and contracted Service Providers will be liable for any liability or damage (other than arising from our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:
  1. your use of or reliance on the Service;
  2. the Service Channels;
  3. your use of or reliance on any information offered on or via the Service Channels;
  4. your acts or omissions;
  5. a breach by you of the Terms;
  6. the fact that we act on your instructions or instructions purporting to emanate from you;
  7. any unlawful access or monitoring of information transmitted to us;
  8. any error or omission in respect of information submitted to us (including Registration Information and Profiling-related Information);
  9. the use or consumption of any product or service provided by a third party through the Service Channels.
2. You must not construe any information we release (including any information contained in any reports or alerts) or any information you obtain through use of the Service as an opinion on your solvency, financial standing or creditworthiness. You are solely responsible for all actions and decisions you take in reliance on this information.
3. We will not be liable for any liability or damage (other than arising from our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to
  1. our acts or omissions;
  2. a breach by us of the Terms.
4. If we are found to be liable, our liability is limited to an amount equal to the fee benefits we derived from you, directly or indirectly, for the specific Service in question for a period ranging from when the damage or prejudice arose to when it got resolved, discontinued or it was decided to be remedied.
5. Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.
You indemnify us.

You indemnify us and our other authorised Service Providers and their affiliates against any third party claims, damages or costs (including reasonable attorney's fees) caused by or attributable to your -

acts or omissions;
use of the Service and the Service Channels;
breach of these Terms.
Address for Legal Notices.
1. You agree to accept any notice or legal process relating to these Terms at the email address provided during the registration process.
2. You must send any notice or legal process relating to these Terms to our address set out in clause 30.
3. We can change our physical address (to any other physical address in South Africa), our telephone number and facsimile number and we will give you notice of such change.
This is the only agreement between you and us.
1. These Terms are the sole record of the agreement between you and us in relation to the Service. Neither of us are bound by any express, tacit or implied representation or warranty not recorded in these Terms.
2. These Terms replace all prior written and verbal communications between us about the Service.
3. If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of our rights, unless we expressly agree in writing to waive or limit them.
We can assign our rights on notice to you.

If we merge, sell or otherwise assign our assets and this involves transferring our rights and obligations under these Terms to a third party, we will let you know before we do this. If you do not agree to the transfer of our rights and obligations, you may terminate your use of the Service with effect from the date of transfer or assignment.

Each term is severable.

If any provision of these Terms is or becomes unenforceable in any jurisdiction, the unenforceable aspect of that provision will be treated in such jurisdiction as if it had not been included in the Terms. The remaining provisions of the Terms will remain valid.

Cross-border transfer of your information.

Some of our other authorised Service Providers may be situated outside South Africa. You consent to your confidential personal information (including Account Information and Security Credentials) being transferred cross-border so that we can render the Service to you. We will ensure that all such authorised Service Providers have security and privacy policies and procedures providing at least the same level of protection as our Terms.

Events or circumstances beyond our control.
1. If events or circumstances beyond our control ("force majeure") prevent either of us ("Affected Party") from fulfilling any of our obligations, those obligations will be suspended to the extent that and for as long as the Affected Party is so prevented.
2. If the force majeure continues for more than (3) three months, the affected party can terminate the Terms and related Services by giving notice to the other.
3. Force majeure includes an unavoidable natural catastrophe ("vis major"), an uncontrollable accident ("casus fortuitus"), any act of nature, strike, theft, riots, explosion, insurrection, war (whether declared or not), military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority or any court order.
Your queries and complaints.

Please email any queries or complaints to our customer support team at info@moneygurus.co.za .

The law that applies to these Terms.
1. If there is any conflict between these Terms and the CPA, Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS”) and Protection Of Personal Information Act 4 of 2013 (“POPI”) the CPA, FAIS Act and POPI Act will apply.
2. These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
3. You consent to the exclusive jurisdiction of the courts of the Republic of South Africa over any dispute about the Services or the Terms.
MoneyGurus details.
1. Full name: MoneyGurus Proprietary Limited), (Reg No. 2016 / 156206 / 07) trading as MoneyGurus Product Name: MoneyGurus
2. Physical address (including for receipt of legal service): The Innovation Hub, Science Park, Innovation Centre, Mark Shuttleworth Street, Lynnwood, Pretoria, 0087
3. Telephone number: 012 844 0000
4. Website address: www.moneygurus.co.za
5. Email address: info@moneygurus.co.za
Proof of date of publication and version of terms.

A certificate signed by our Directors will, unless the contrary is proven, be sufficient evidence of

the date of publication and the content of the Terms and new Terms;
the date of publication and the content of earlier versions of the Terms;
the date and content of any communication and notifications sent in terms of the Terms.

Terms & Conditions