WEBSITE TERMS AND CONDITIONS OF USE
- This document sets out the terms and conditions (“Terms”) of FAIRMONEY PROPRIETARY LIMITED(Registration Number 2020/046219/07) (“Fairmoney”) pertaining to your access and use of the information, products, tools, services and functions provided on www.fairmoney.co.za (“Website”).
- Your use of the Website signifies your acceptance of these Terms. If you disagree with any of the Terms, you must refrain from accessing the Website and/or using Fairmoney’s services.
- If you are under the age of 18, you may not use the Website.
- Fairmoney reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time you access the Website and/or use the services, you shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Fairmoney from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
- Fairmoney will however give you prior notice where Fairmoney has collected personal information from you and the purpose for which Fairmoney collected that information is affected by the intended amendment.
- If there is anything in these Terms that you do not understand, then please contact us as soon as possible by sending an email to firstname.lastname@example.org
CONTENT OF THE WEBSITE
- Fairmoney reserves the right to make improvements, to change or to discontinue, without notice, any aspect, feature or functionality of the Website and any information or content on the Website.
- Fairmoney reserves the right to change and amend the products, services, prices and rates offered by way of the Website from time to time without notice.
- Fairmoney may use the services of third parties to provide information on the Website. Fairmoney has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and that Fairmoney and its online partners shall not be liable for any losses or damages that may arise from your reliance on it, howsoever these may arise.
- Fairmoney makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
- Fairmoney does not warrant that the Website or information or calculator or functionality or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Fairmoney expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
- whilst Fairmoney has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of your system; and
- Fairmoney disclaims any responsibility for the verification of any information published on the Website. Information is published on the Website in the format in which Fairmoney receives it and statements from external parties are accepted as fact.
LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
- Fairmoney may provide links to third party websites on the Website. These links are provided to you for convenience purposes only and Fairmoney does not endorse, nor does the inclusion of any link imply Fairmoney’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
- While Fairmoney tries to provide links only to reputable websites or online partners, Fairmoney cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Fairmoney. Fairmoney is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
- You agree that Fairmoney shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
You hereby agree that you shall not yourself, nor through a third party:
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Website;
- write and/or develop any derivative of the Website or any other software program based on the Website;
- modify or enhance the Website. In the event that you effect any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Fairmoney;
- without Fairmoney’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than you. In this regard, when you create an account with Fairmoney you will be assigned a username and password. Any transactions conducted on the Website using your username and password will be regarded as transactions that you have conducted and you will be bound by same. If your username and/or password are compromised, you must (i) notify Fairmoney immediately in writing and (ii) change your username and password;
- remove any identification, trademark, copyright or other notices from the Website;
- post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind;
- You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise to the Website or any other subsidiary pages without Fairmoney’s prior written consent, which consent is at Fairmoney’s sole discretion; and/or
- notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than your personal, non-commercial and information purposes.
- In order to ensure the security and reliable operation of the Website and the products, services and functions offered by way of the Website to all of the users or the Website, Fairmoney hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
- You may not utilise the Website in any manner which may compromise the security of Fairmoney’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Furthermore, should Fairmoney suffer any damages or loss, Fairmoney shall claim civil damages from such person or entity.
- Any user who:
- intentionally accesses or intercepts any data without authority or permission to do so;
- intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective;
- unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item;
- utilises any device or computer program mentioned in clause 5.3.3 above in order to unlawfully overcome security measures designed to protect such data or access thereto;
- commits any act described above with the intent to interfere with access to the Website so as to constitute a denial, including a partial denial, of services or access to the Website to legitimate users;
- performs or threatens to perform any of the above acts for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions;
- performs any of the acts described above for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic; or
- aids or abets someone to commit any of the foregoing acts,
shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Fairmoney and its affiliates, agents and/or partners on an indemnity basis.
INTELLECTUAL PROPERTY RIGHTS
- For the purpose of this clause “Intellectual Property Rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Fairmoney, now or in the future, including without limitation, Fairmoney’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
- All copyright and other Intellectual Property Rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements and multimedia works, published on or via the Website (“Proprietary Material”), are the property of, or are licensed to, Fairmoney and as such are protected from infringement by local and international legislation and treaties.
- By submitting reviews, comments and/or any other content (other than your personal information) to Fairmoney for posting on the Website, you automatically grant Fairmoney and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
- All rights not expressly granted are reserved and no right, title or interest in any Proprietary Material or information contained in the Website is granted to you.
- Except with Fairmoney’s express written permission, no Proprietary Material from the Website may be copied or retransmitted.
- Irrespective of the existence of copyright, you acknowledge that Fairmoney is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
- Fairmoney authorises you only to view, copy, temporarily download to a local drive and to print the content of the Website, or any part thereof, provided that such content is used for your personal purposes and for information purposes only, and such content is used for non-commercial purposes.
RISK, LIMITATION OF LIABILITY AND INDEMNITY
- Your use of the Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
- The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Fairmoney be liable for any loss, harm or damage suffered by you as a result thereof.
- To the extent permissible by law:
- neither Fairmoney, its affiliates, shareholders, agents, consultants nor employees shall be liable for any loss or damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive loss or damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to:
- the use of or the inability to access or use (i) the Website, (ii) the content of the Website, (iii) any functionality of the Website, or (iv) the information contained on the Website, or (v) the services provided by way of the Website; or
- the faulty execution of the Website or the malfunctioning of the Website;
- the delivery, installation, servicing, performance or use of the Website in combination with other computer software; or
- the use of or the inability to access or use any linked website, even if Fairmoney knows or should reasonably have known or is expressly advised thereof;
- You hereby unconditionally and irrevocably indemnify Fairmoney and agree to hold Fairmoney free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Fairmoney or instituted against Fairmoney as a direct or indirect result of:
- your use of the Website;
- software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Fairmoney;
- your failure to comply with any of the Terms or any other requirements which Fairmoney may impose from time to time;
- the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
- any unavailability of, or interruption in, the Website or any service or functionality offered via the Website.
- Fairmoney makes no warranty or representation as to the availability, accuracy, completeness or reliability of the content of the Website. You expressly waive and renounce all of your rights of whatever nature that you may have against Fairmoney for any loss suffered by you as a result of information supplied by Fairmoney being incorrect, incomplete, inaccurate or unreliable.
- Your use of the Website signifies your consent to Fairmoney collecting and using your Personal Information as specified below.
- How Fairmoney collects information about you
Whenever you use the Website, complete an online form, contact us electronically, engage or interact with Fairmoney or use one of the services or products offered by Fairmoney by way of the Website, Fairmoney will collect your Personal Information.
- How Fairmoney uses your information
- Fairmoney uses your Personal Information to, amongst others:
- identify you and verify the information that you submit to Fairmoney;
- identify your IP address;
- process your requests;
- do affordability and credit assessments;
- disclose or obtain information from credit bureaux regarding your credit or trading history;
- engage in transactions with you and process such transactions;
- compile a profile of you by collecting and analysing your Personal Information in order to personalise your use of the Website to meet your specific needs;
- send you promotional material or details which Fairmoney thinks may be of interest to you;
- prevent, detect and report criminal activity, fraud and misuse of or damage to Fairmoney’s services or networks;
- comply with applicable laws and legal process;
- respond to requests from public and government authorities for national security and/or law enforcement purposes;
- enforce and collect on any agreement when you are in default or breach of the agreement terms and conditions, pursue available remedies against you or limit the damages that Fairmoney may sustain.
- Fairmoney does not sell, rent or provide your Personal Information to unauthorised entities or other third parties for their independent use without your consent.
- Fairmoney may use, transfer and disclose other information, which is not Personal Information, that it collects for any purposes except where applicable law requires otherwise.
- How long does Fairmoney keep your Personal Information for?
The time periods for which Fairmoney keeps your Personal Information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring Fairmoney to keep your Personal Information, Fairmoney will not keep it for longer than necessary for the purpose for which the Personal Information was collected or for which it is to be processed.
- Correction of your Personal Information
- Fairmoney relies on you to keep the Personal Information that you have shared with Fairmoney accurate and up to date. You may request to review, correct, update, suppress or otherwise modify any of your Personal Information that you have previously provided to Fairmoney through the Website or object to the use or processing of such information by Fairmoney if such information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or which Fairmoney is no longer authorised to keep.
- You have the ability to update your profile and related Personal Information at any time. Should you need Fairmoney’s assistance in this regard, please contact Fairmoney at email@example.com
- Disclosing your Personal Information to third parties
- Fairmoney may provide your Personal Information to third parties such as:
- parties who provide services to Fairmoney in respect of the transactions that you and Fairmoney enter into including, without being limited to, payment processing services, banks, analytics, hosting websites, information technology and related infrastructure provision, auditing and other similar services;
- attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
- insurers, brokers and other financial institutions that assist with the provision of insurance;
- law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
- regulatory authorities, governmental department, local and international tax authorities and other persons that Fairmoney under the law has to share your information with;
- credit bureaux;
- persons to whom Fairmoney cedes its rights or delegates its obligations to under the agreements that it enters into with you.
- Fairmoney may provide aggregate statistics about Fairmoney’s customers, transactions, traffic patterns and other website information to third parties, but these statistics will not include any Personal Information.
- Cross-Border transfer of your information
Your Personal Information may be transferred, accessed, processed and stored outside of the borders of South Africa according to the safeguards and requirements of the law. However some of these countries’ privacy protections may not be equivalent to those applicable to South Africa.
- Protection of your Personal Information
- Fairmoney takes reasonable steps to protect your Personal Information from loss, misuse or unauthorised alteration. Fairmoney also uses standard security protocols and mechanisms to exchange the transmission of sensitive information, such as bank account details.
- When you use the Website or the services or facilities provided by Fairmoney, you will be given a username and password. You are responsible for maintaining the secrecy and confidentiality of your username and password. You acknowledge that a user that accesses the Website using your username and password will give the user access to the Personal Information that you have submitted to Fairmoney and enable the user to enter into transactions with Fairmoney on your behalf.
- You agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Fairmoney. You shall notify Fairmoney should you discover any loss or unauthorised disclosure of the information.
- Any information or material sent to Fairmoney will be deemed not to be confidential, unless otherwise agreed in writing by you and Fairmoney.
- BREACH OR CANCELLATION
- Fairmoney is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny your use of the Website and services, or to claim specific performance of any of your obligations whether or not the due date for performance has arrived, in either event without prejudice to Fairmoney’s right to claim damages, should you:
- breach any of these Terms;
- in the sole discretion of Fairmoney, use the Website in an unauthorised manner; or
- infringe any statute, regulation, ordinance or law.
- A breach of these Terms entitles Fairmoney to take legal action against you and you agree to reimburse the costs associated with such legal action to Fairmoney on an attorney and own client scale including costs of counsel on brief.
- COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to the Website.
- Except as explicitly stated otherwise, any notices shall be given by:
- email to firstname.lastname@example.org(in the case of Fairmoney) or to the e-mail address you have provided to Fairmoney (in your case), or such other address that has been specified. Notice shall be deemed given 4 (four) hours after an email is sent, unless the sending party is notified that the email address is invalid;
- registered mail, postage prepaid and return receipt requested, to, in the case of Fairmoney, the address provided on the Website and, in your case, the address that you have provided to Fairmoney. In such case, notice shall be deemed to have been given 7 (seven) days after the date of mailing;
- delivery by hand to a responsible person during business hours to, in the case of Fairmoney, the physical address provided on the Website and, in your case, the physical address in South Africa that you have provided to Fairmoney. In such case, notice shall be deemed to have been given on the date of delivery.
- You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
- Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
- GENERAL CLAUSES
- These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
- The Website is controlled, operated and administered by Fairmoney from its offices within the Republic of South Africa. Fairmoney makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. You may not use the Website in violation of South African export laws and regulations. If you access the Website from locations outside of South Africa, you are responsible for compliance with all local laws.
- Fairmoney does not guarantee continuous, uninterrupted or secure access to its services, as operation of the Website may be interfered with as a result of a number of factors which are outside of Fairmoney’s control.
- If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
- Fairmoney’s failure to act with respect to a breach by you or others does not constitute a waiver of Fairmoney’s right to act with respect to subsequent or similar breaches.
- You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Fairmoney.
- No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
- Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.
- These Terms set forth the entire understanding and agreement between Fairmoney and you with respect to the Website and your use thereof.