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moneysmart Terms Of Use

Date Last Revised: Mar 25, 2013

This Agreement contains the legal terms and conditions that apply to your access and use of the moneysmart™ website located at www.moneysmart.co.za, moneysmart™ software and/or any moneysmart™ mobile device application (individually and collectively referred to as “the Service”).

By using the Service you agree to be bound by these terms of use including moneysmart™’s Privacy Policy (which is incorporated into this Agreement) as amended from time to time.

This Agreement contains provisions that limit or disclaim our liability and that indemnify us against certain types of claims. Please read these terms of use carefully. You understand that, in return for agreement with these provisions, moneysmart™ is able to offer the 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.

1. Accepting The Terms

This Agreement applies to you whether you are a site visitor or a paying member of moneysmart™.
In this Agreement, the terms “you” or “user” refer to both visitors and members. The terms “we” or “our” refer to moneysmart™.
By using the information, tools, software, features and functionality including content, updates, new releases as well as the services located on moneysmart™, you agree to be bound by this Agreement.
If you wish to use the services of moneysmart™ you must become a member and therefore it is essential that you read this Agreement and confirm your acceptance during the registration process.
In order to make use of the services offered by moneysmart™, you must be over the age of 18.

2. Services Offered

The service offered by moneysmart™ is a personal financial management service to help you consolidate, analyse and manage your personal finances. Furthermore, moneysmart™ offers you, the consumer, a credit report from XDS credit bureau via Kudough Credit Solutions.

By using the service, members authorise moneysmart™ to access, process and consolidate personal information from third-party financial institutions with which they have a customer relationship.
Kindly note that moneysmart™ is not intended to provide financial, tax, legal etc. advice. moneysmart™ is not a financial planner, broker or tax advisor.

Your personal financial situation is unique, and it is your responsibility, given your financial and other individual circumstances, to use any information and advice obtained through the Service appropriately and responsibly when implementing your own decisions.

Reliance on product descriptions, opinions, advice or any other information gained from the Service is done 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 advisors who are fully aware of your individual circumstances.

3. Personal Data

As the Internet is not a secure medium of communication, moneysmart™ cannot guarantee the security of any information you input on this website or send to us via the Internet. moneysmart™ is not, and will not be, responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.

By agreeing to these terms of use, we may contact you about services or products offered by us or other companies in our group or approved by us, in which we believe you may be interested; or to carry out market research about our services or products or those of third parties.

We may also pass information to other companies approved by us so that they may contact you about services or products in which they believe you may be interested.

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.

moneysmart™ will require you to submit your full name, surname and identity number upon registration for the services offered.

If you prefer, you may use a nickname as your login details. Kindly bear in mind that it is your responsibility to keep your personal and contact details up to date so that the services provided by moneysmart™ are not affected.

You will be responsible for all activity taking place on your account, whether that activity is authorised by you or not. You must notify us immediately of any unauthorised use of your account.

5. Accessing The Services

Use of the Service may be made available through a variety of compatible devices 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 charges. 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:
• The accessibility of the Internet or the availability of telecommunication services from your provider;
• Access to the Services at any time or from any location;
• Any loss, damage, or other security intrusion of the telecommunication services or mobile device;
• Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.

6. Notification 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 telecommunication networks, network coverage and the effective functioning of your communications devices. moneysmart™ does not and cannot guarantee the delivery of notifications and alerts.

7. Posting Of Comments

moneysmart™ allows its members to post content on user forums available via the Service, including forums hosted by third-party service providers on moneysmart™’s behalf. You agree to follow certain policies and rules when posting content, including any policies or rules published by the third-party service providers, including social media platforms like Facebook, Twitter, LinkedIn and others.

Any content you post, such as pictures, information, opinions, or any information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms.

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™ forums.

• By submitting content to one or all of the forums, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licence and transferable licence 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 the promoting and redistributing of 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 licence to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content in the forums.

• 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 programme 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, to 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 programme that would violate the property rights of others, including unauthorised copyrighted text, images or programmes, 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 personally identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

8. Permission Granted To moneysmart™

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 licence 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 login 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 hereby authorise Kudough Credit Solution to release your credit profile to moneysmart™ and that any information released by Kudough Credit Solution shall be stored by moneysmart™ for as long as is necessary to achieve the purpose of the request, namely 45 days.

You further authorise moneysmart™ to store a copy of your identity document and proof of address, which is not older than three (3) months, for a period of three (3) years.

9. Web Links And Third-Party Aggregators

The provision by moneysmart™ of a link to another website does not constitute any authorisation by moneysmart™ to the user to access material held at that location, nor is it evidence of any endorsement by moneysmart™ of the material held there.

moneysmart™ accepts no responsibility or liability for the privacy of your personal information on such websites, as these are beyond its control. moneysmart™ will accept no responsibility or liability in respect of any materials on any website which is not under its control.

moneysmart™ works with reputable service providers to process and aggregate account information, including 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.

Yodlee and some of moneysmart™'s other authorised service providers are situated outside South Africa. You consent to your personal information (including account information and security credentials) being transferred cross-border so that moneysmart™ 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 Privacy Policy.

10. Website Problems

This website has been extensively tested and should work properly at all times. However, if you experience a problem at any time, please return to the homepage and try again. If the problem persists you can contact moneysmart™ by following the link on the ‘Contact Us' page or by using the “Live Chat Online” button inside the platform or “Live Chat Offline” and we will contact you as soon as possible..

11. Liability Of Data Updates

moneysmart™ is dependent on receiving data updates from you and from third parties regarding your account information. moneysmart™ cannot and does not guarantee that they will receive real-time or “live” data updates from third parties.

Hence balances reflected on your client zone may not be current and therefore you cannot hold moneysmart™ liable for any transactions, which you have entered into based on the information supplied on the moneysmart™ platform.

moneysmart™ does not and cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

13. Trademark

Certain names, words, titles, phrases, logos, icons, graphics or designs on the pages of this website may constitute trade names or unregistered trademarks of moneysmart™. The display of any of the above trade names or trademarks on pages of this website does not imply that any licence has been granted to any third party in respect of the same.

All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of this website are the trademarks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trademark owners. moneysmart™ intends no infringement of such trademarks. The appearance or absence of products, services, companies, organisations, homepages or other websites on this website does not imply any endorsement or non-endorsement thereof by moneysmart™.

All rights not expressly granted herein are reserved by moneysmart™.

14. Indemnity

moneysmart™ shall not be liable for any direct, indirect, special, incidental or consequential damages, including the loss of profits, business revenue or goodwill, arising from the use or access of and/or inability to use or access this website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use.

Any exclusions, limitations or restrictions of liability contained in this terms of use shall be subject to the qualification that nothing contained in any such exclusion or limitations or restrictions of liability shall operate to exclude or restrict any duty or liability of moneysmart™ to any person.

15. Enforceability

In the event that any provision of these terms of use and access to this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision.

16. Warranties

The information, materials and functions contained in this website, including text, graphics, links or other items are provided on an "as is" basis, excluding any warranty whatsoever, express or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or freedom from computer viruses. moneysmart™ excludes any liability for any errors in or omissions from information, materials and functions included in this website or any third-party websites linked to or from this website.

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.

17. Jurisdiction

This website is intended to be accessed only by persons located in South Africa and moneysmart™ makes no representation that any information, materials or functions included in this website are appropriate for use in any other jurisdiction. However, if you are unsure whether the products and services referred to on this website are available to you, please email us at info@moneysmart.co.za

18. Changes To This Agreement

moneysmart™ may modify the terms of use 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. Termination

This Agreement will continue to apply until terminated by either you or moneysmart™. If you wish to terminate this agreement with moneysmart™, you may do so by deregistering your account for the Service.

moneysmart™ may at any time, terminate this Agreement with you and deactivate your account for the Service:

If you have breached any provision of this Agreement (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

If moneysmart™ in its sole discretion believes it is required to do so in terms of any law (for example, where the provision of the Service to you is, or becomes, unlawful);
or Immediately upon notice, to the email address provided by you as part of your Profile Information.

20. General Information

Information provided in this website is believed to be reliable when posted. However, moneysmart™ cannot guarantee that information will be accurate, complete and current at all times. All information on this website is subject to modification from time to time without notice.

21. Governing Laws

The terms of use of this website shall be governed by and construed in accordance with the laws of South Africa. All disputes 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.

22. Power Of Attorney

By using the moneysmart.co.za website, I hereby appoint Kudough Credit Solutions and moneysmart™ (“my Representative”) to be my lawful representative and agent in my name, place and stead, to obtain my credit report and information from either TransUnion Credit Bureau “TransUnion”, Xpert Decision Systems “XDS”, Experian South Africa “Experian” or Compuscan Information Technologies “Compuscan” credit bureaus, to be used solely for the following purposes:

1. Providing me with advice or assistance with managing my credit.
2. Challenging the accuracy of information contained on my report.
3. Investigating information held on me by the credit bureaus.
4. Comparing the information held on me by the credit bureaus.
5. I consent to the credit bureaus releasing a copy of my credit report in PDF or XML format to my Representative.
6. I am aware that I have the right to challenge the accuracy of any information contained on my personal credit report directly with a credit bureau.
7. I confirm that the information furnished herein to my Representative is true and correct.



For more information; please contact moneysmart™ directly on:

Tel: 021 468 6010
Email: info@moneysmart.co.za
moneysmart™ resides at Unit 3, Media Hive, 1 Glynnville Terrace,
Gardens 8001, Cape Town, South Africa


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