Moneysmart End User Terms and Conditions of Service
Date Last Revised: February 8, 2016
This Agreement contains provisions that limit or disclaim our liability and that indemnify us against certain types of claims. Please read these terms and conditions carefully. You understand that, in return for agreement to these provisions, Moneysmart is able to offer the Service as a free service to you and that your assent to these provisions is indispensable to this Agreement.
Paragraph and link headings are used for convenience only and shall not affect the interpretation of any clauses.
· Accepting the Terms
· Personal Information and Privacy
· Description of the Service
· Registration and Login Details
· Use of the Service
· Third Party Information Aggregators
· Notifications and Alerts
- Prohibited Acts
· Rules for Posting
· Moneysmart’s Intellectual Property
· Rights you Grant to Us
- Mobile Devices
· Timing of Updates
· No Representations or Warranties
· Exclusion and Limitation of Moneysmart’s Liability
· Indemnification of Moneysmart
· Amendments to Agreement
· Governing Law and Resolution of Disputes
· General Provisions
· Moneysmart’s Details
1. Accepting the Terms
This Agreement applies to you whether you are a site visitor (which means that you simply browse or visit the Moneysmart website) or you are a User of a Moneysmart software product or service (which means that you have registered a user account with Moneysmart). If you wish to become a User, you must read this Agreement and confirm your acceptance during the registration process.
In this Agreement, the terms “you” or “User” refers to both visitors and Users. The terms “we” or “our” refers to Moneysmart.
By using the information, tools, software, features and functionality including content, updates and new releases provided by Moneysmart (together the “Service”), you agree to be bound by this Agreement.
If you are under 18, you may only use the Service with the consent and involvement of your parent or other legal guardian.
If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of an entity, that you have the authority to bind that entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Personal Information and Privacy
3. Description of the Service
Moneysmart is a completely free service to Users.
The Service is offered as a personal financial management tool to help you consolidate, analyze and manage your finances.
By using the Service, Users authorise Moneysmart to access, process and consolidate personal financial information from third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”).
The Service may also present information relating to third party products or services (“3rd Party Offers”).
THE SERVICE IS NOT INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX OR OTHER ADVICE. MONEYSMART IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. Your personal financial situation is unique, and it is your responsibility to use any information and advice obtained through the Service appropriately and responsibly given your financial and other individual circumstance when implementing your own decisions. Reliance on product description, opinions, advice or any other information gained from the Service is placed entirely at your own risk. Before making any financial decisions or implementing any financial strategy, you should obtain information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
4. Registration and Login Details
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity.
You must provide a valid email address for yourself when you register for the Service (your “Profile Information”). Your email address does not have to contain your name (although you may make use of an email address that does). You must also keep your personal contact details up to date. If you do not do this, the effectiveness of the Service to you will be affected.
You are responsible for maintaining the secrecy of your password which, together with your other login details, enables you to access and use the Service. You should choose a password that is difficult to guess, containing combinations of lower and upper case alphabet characters, numbers and symbols and that is at least 8 characters long. You will be responsible for all activity taking place on your account, whether that activity is authorized by you or not. You must notify us immediately of any unauthorized use of your account.
5. Use of the Service
You are only entitled to access and use the Service for lawful purposes.
You may not use, or knowingly allow others to use, the Service or for any purpose that is improper, immoral or undesirable or for any purpose that may prejudice or impede our legitimate interests or goodwill. You may not use the Service to obtain any financial, social or credit related information of any person other than yourself or a person who has expressly consented to you acting as their agent for such purposes.
In the event of any transgression or the reasonable suspicion of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions to which a User may be subject, then you acknowledge and agree that we may suspend or terminate the provision of the Service to you without prejudice to any other rights that we may have in law or in terms of these terms and conditions.
We do not guarantee that the Service will always be available. Your access to and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Moneysmart, in its sole discretion, may elect to take.
6. Third Party Information Aggregators
Moneysmart works with reputable service provides to process and aggregate Account Information, include service providers like Yodlee Inc (see www.yodlee.com). Moneysmart makes no effort to review your Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
7. Notifications and Alerts
Moneysmart may from time to time provide automatic and voluntary account-related notifications and alerts.
Voluntary account notifications and alerts may be turned on by default as part of the Service, like being notified if your account is below a chosen minimum balance. They may be deactivated or reactivated by you. Moneysmart may add new notifications and alerts from time to time.
Notifications and alerts may contain information such as an updated account balance. Anyone with access to your email or mobile phone may be able to view the content of these notifications and alerts.
Your Profile Information will be used for the purposes of sending notifications and alerts to you. You should update your Profile Information to reflect any changes to your email address.
The delivery of notifications and alerts may be largely dependent on the effective functioning of telecommunications networks, network coverage and the effective functioning of your communications devices. Moneysmart does not and cannot guarantee the delivery of notifications and alerts.
8. Prohibited Acts
Apart from good faith search engine operators and use of any search facility provided by the Service, no person may use or attempt to use any technology or applications to search, collect or copy content from the Moneysmart website for any purpose whatsoever, without the prior written consent of Moneysmart.
The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this website is not permitted if such technology will result in slowing down this website's server or copyright infringement of any data and information available from this website. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the Moneysmart website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given, nor is it implied, that information on the Moneysmart website may be used to communicate unsolicited communications to Moneysmart.
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to the Service, or to deliver or attempt to upload or deliver any unauthorised, damaging or malicious code to the Service or to engage or participate in any denial of service activity. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Moneysmart should suffer any damage or loss, civil damages will be claimed.
You may not attempt to decompile, disassemble, copy, function-map or reverse-engineer any of the software comprising or in any way making up a part of the Service.
You must not disclose your login details, passwords, PINS or the like, whether for the Services or any third party account, to any person, including our own support agents and any third party support service providers that we appoint to provide support services to you. We hereby notify you that support providers do not require this information to provide you with support and you must not offer to disclose this information nor comply with any request to disclose it. If anyone asks you for this information, you must immediately report it to us in writing using the contact email address provided for in this Agreement.
9. Rules for Posting
You agree that:
· You are responsible for all information, text and other content (individually and collectively referred to in this section as “content”) that you submit to Moneysmart.
· By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Moneysmart and our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content.
· You may not post or transmit any message which is defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that constitutes hate speech or that encourages conduct that would be considered a criminal offense, incitement to violence, give rise to civil liability or violate any law; or that is otherwise inappropriate.
· You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks.
· You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in any forum area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
· Except where expressly permitted, you may not advertise your own products or services, post or transmit chain letters, charity requests, petitions for signatures; employment or other business, investment or savings opportunities or letters relating to Ponzi or pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in any areas of the Service that are expressly designated for such purpose (e.g., any commercial classifieds page).
· You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
10. Moneysmart’s Intellectual Property
All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, “look and feel”, icons, hyperlinks, private information and designs are the property of, or licensed to, Moneysmart, and as such, are protected from infringement by South African and international legislation and treaties. Subject to the rights expressly afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
Moneysmart grants you the right to view and use Moneysmart subject to these terms. You may download or print a copy of information provided on Moneysmart for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Moneysmart in whole or in part for any other purpose is expressly prohibited without our prior written consent.
11. Rights You Grant to Us
You agree that Moneysmart may use your comments, feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Moneysmart a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to share and make use of the comments, feedback or suggestions you provide to Moneysmart in any way.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Moneysmart through the Service, you are licensing that content to Moneysmart for the purpose of providing the Service. By submitting this content to Moneysmart, you represent that you are entitled to submit it to Moneysmart for use for this purpose, without any obligation on Moneysmart to pay any fees or other limitations. Moneysmart may use and store this content.
You expressly authorize Moneysmart and Yodlee to make use of login details you provide to us to access your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize and permit Moneysmart and Yodlee to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the aforegoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and to enable the provision of Account Information to you as part of the Service, you Moneysmart authorise and appoint Moneysmart and Yodlee as your agents in order to access third party sites and to retrieve your information and you agree that third parties can rely on and act according to this authorisation and agency. You warrant and undertake that you will only submit login details for accounts where you are the account holder or where you have the full authority to access those accounts.
12. Mobile Devices
Use of the Service may be made available through a compatible mobile device connected to the Internet, including but not limited to mobile phones and tablet computers. You agree that you are solely responsible for obtaining these devices and for connecting them to the Internet, including any applicable bandwidth or other telecommunications changes. You will be solely responsible for maintaining these devices and any software required to operate them. Moneysmart makes no warranties or representations of any kind, express, statutory or implied as to: (i) the accessibility of the Internet of the availability of telecommunication services from your provider (ii) access to the Services at any time or from any location; (iii) any loss, damage, or other security intrusion of the telecommunication services or mobile device; and (v) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.
13. Timing of Updates
Moneysmart is dependent on receiving updates from you and from third parties regarding your Account Information. We cannot and do not guarantee that we will receive real-time or “live” updates from third parties. Balances reflect on your accounts in the Service may not be complete and up to date at all times and we will have no liability to you where you enter into any transaction based on erroneous balances or incomplete data.
Moneysmart does not and cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
14. No Representations or Warranties
The service and all content or products associated with the service are provided on an “as-is” and “as available” basis. Moneysmart makes no representations or warranties of any kind, express or implied, as to the operation or content of the service. You expressly agree that your use of the service is at your sole risk.
Moneysmart makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the service or any content or products associated with the service, and expressly disclaims any warranties of non-infringement, merchantability or fitness for a particular purpose, notwithstanding whether the users intended purpose may be known to Moneysmart or not. Moneysmart makes no representation, warranty or guarantee that the service or any content or products associated with the service is free of infection from any viruses or other malicious code or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
15. Exclusion and Limitation of Moneysmart’s Liability
Moneysmart is a free service. You agree that Moneysmart shall in no circumstances whatsoever be responsible or liable to you or to any third party, whether in contract, warranty, delict (including negligence) or otherwise, for any losses or damages you sustain as a result of or attributable, whether directly or indirectly, to the use or inability to use the Service, your reliance on the Service, the actions or omissions of Moneysmart or its authorised service providers, any breach of these Terms of Service or any access to information provided by you and you agree that this exclusion of liability shall apply to, but not be limited to, ordinary, direct, indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, even if Moneysmart has been advised of the possibility of such damages.
Notwithstanding anything to the contrary in this agreement and without derogating from the above paragraph in any way, should Moneysmart be held liable to you for any cause whatever and regardless of the form of the action, Moneysmart’s entire and aggregate liability to you will at all times be limited to R100.00 (one hundred rand).
You also agree that 2003/001353/07 Moneysmart shall have no liability to you as a result of your reliance or use of any information, comments or articles provided by advertisers or other third parties via the Service or on the Moneysmart website.
16. Indemnification of Moneysmart
You shall defend, indemnify and hold harmless Moneysmart and its officers, directors, shareholders, employees, agents and service providers, from and against all claims and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or Moneysmart. If you want to terminate your legal agreement with Moneysmart, you may do so by closing your account for the Service.
We may at any time, terminate this Agreement with you and deactivate your account for the Service:
a. if you have breached any provision of this Agreement (or have acted in a manner which shows us that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if we in its sole discretion believe we are required to do so in terms of any law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. immediately upon notice, to the e-mail address provided by you as part of your Profile Information.
18. Amendments to Agreement
Moneysmart may modify the terms and conditions of this Agreement from time to time. Any and all changes to this Agreement will be posted on the Moneysmart website. In addition, the Agreement will always indicate the date it was last revised. You will be deemed to have accepted and agreed to be bound by any changes to the Agreement when you use the Service after those changes are posted.
19. Governing Law and Resolution of Disputes
This Agreement, and your relationship with Moneysmart under this Agreement, shall be governed by the laws of the Republic of South Africa without regard to its conflict or choice of laws provisions. Any dispute with Moneysmart, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Cape Town Magistrates Court, except with respect to imminent harm requiring temporary or final interdictory relief in which case Moneysmart may seek such relief in any court with jurisdiction over the parties.
20. General Provisions
If any portion of this Agreement is found or deemed to be unlawful, void or unenforceable or contrary to public policy, including by any tribunal, arbitrator or court of competent jurisdiction, that portion shall be severed from this Agreement. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
You agree that if Moneysmart does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Moneysmart has the benefit of under any applicable law), this will not be taken to be a formal waiver of Moneysmart’s rights and that those rights or remedies will still be available to Moneysmart.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Moneysmart regarding the subject matter of the same, and supersedes all other previous agreements.
21. Moneysmart’s details
Legal Entity: Limitless Technology (Pty) Ltd, (Reg No. 2003/001353/07) t/a Moneysmart
Physical address (including for receipt of legal service): 9 Krige Street, Stellenbosch, 7600.
Postal Address: Private Bag X5005, Stellenbosch, 7599
Telephone number: 086 116 6639
Email address: email@example.com