- These terms and conditions ("Terms") contractually regulate the way in which you may access or use the Smart About Money website at smartaboutmoney.co.za, and our relationship in this regard. Where we refer to "us", "we", "our" and "Smart About Money", we mean the Savings and Investment Association - South Africa NPC trading as Association for Savings and Investments SA, a non-profit company incorporated in the Republic of South Africa ("ASISA)" group of companies.
- You agree that these Terms will apply if you access or use our website and will create a legally binding contract between us, whenever you use or access our website. In addition to these Terms, there is also a Privacy Policy located on our website.
- Unless notice is required in terms of the law, we may change these Terms from time to time in line with any changes that the law or our internal business operations require, without prior notice. The current version of these Terms that apply at the time you visit and/or use our website will regulate our relationship. It is your responsibility to consider these Terms each time you use our website. If you do not agree with any Terms, you must stop using our website.
- We will use your "personal information" in terms of our Privacy Policy at smartaboutmoney.co.za, which policy forms part of these Terms by reference. Please familiarise yourself with our Privacy Policy before you use our website. If you do not agree with our privacy policy, you must stop using our website.
- We may from time to time publish communications containing information relevant to the content of our website. Should you wish to receive these communications, you must provide us with your personal details (name and email address). It is entirely your responsibility to keep your personal details safe. We reserve the right to refuse or cancel your communications sign-up on our website. In addition:
- when you access our website, we will assume that the person using our website is you;
- you are responsible to keep all your personal information up-to-date, secure and confidential and must inform us immediately if there has been, or if you suspect, any breach of security or confidentiality. We may ask you to provide us with proof of your identity or other information in a form that we regard acceptable;
- you must act in accordance with any security procedures that we communicate from time to time. You agree and accept that if you do not follow the recommended security procedures, your personal information may be compromised, in which event we will not be held liable in any way;
- you are solely responsible for all data usage charges incurred while using the website.
- Our website may contain links to various social media sites or applications, including Facebook, Twitter, LinkedIn, Instagram and Google+, but accessing the links will not allow social media integration (such as creating user profiles and login functionality).
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- We may provide hyperlinks to other (third party) websites or apps only as a convenience, and if we provide any hyperlinks or advertisements of any third party on our website it does not mean that we endorse their websites, apps, products, services, business, and/or any association with its operators. If you access and use any third party websites, apps, products, services, and/or business, you do that solely at your own risk.
- Such links are included solely for information purposes.
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- you may only use our website for your own personal use;
- if you are interested in using our website's content for any other purpose, please consult our Editorial Policy in the About Section for guidance on how to proceed;
- we give you a limited, revocable licence to use our website subject to these Terms only;
- your license does not extend to our website's source code or to the source code of any software or computer program that forms part of our website;
- you may only use our website if, in terms of applicable laws, you have the legal capacity to enter into an agreement (in the case of a minor, you have obtained the necessary consent from your parent or other legal guardian); and
- you may only link to our website by linking to the home page of our website. If you would like to link to specific content, tools or calculators, please consult our Editorial Policy in the About Section for guidance on how to proceed;
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- provide any untrue or incorrect information or information that is not verifiable by a reputable practitioner;
- change, modify, copy, decompile, circumvent, disable, tamper with or any part of our website, including its security features or reverse engineer our website;
- copy our website, or copy, publish or reproduce in any form whatsoever any of the content contained on our website without the prior written permission from the Editor (editor@smartaboutmoney.co.za) and in line with our Editorial Policy in the About Section;
- lease, sell, assign or in any other way distribute our website without our prior written consent;
- use malicious search technology, including, but not limited to, spiders and crawlers;
- frame any pages of our website;
- deep link to any pages of our website in a way to suggest that you are the owner or licensee of any intellectual property in our website;
- use the interactive sections of our website or linked websites, to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws;
- use our website for commercial purposes, unless in terms of a written agreement with us;
- infect our website with any software, malware or code that may damage, delay or impede the operation of the services or which may intercept, alter or interfere with any data generated by or received through our website; or
- allow any third party to use your username and password, if applicable, in any manner other than as permitted by these Terms.
- The consumer-focussed financial and investment information contained on our website is contributed and/or verified by trusted subject member experts and is not intended to replace the advice or personalised service from professionals in the financial services industry, nor is it intended to substitute or replace your relationship with your own financial and/or investment advisors and professionals. Where we have made any calculators or similar software available to you for purposes of calculations (including but not limited to any financing calculators), the results of those calculations are guidelines only and will be subject to confirmation from your third party advisor (if and when you appoint such advisor).
- The website is provided as is and may not be suitable for your particular purposes. Your use of any information made available by way of our website is entirely at your own risk and it is your sole responsibility to evaluate the correctness, accuracy, usefulness and applicability of such information before you rely on it. You agree that, unless the law provides otherwise, we (including our directors, employees, officers, agents or any third party members providing content to our website) will not be liable for:
- any loss, liability, actions, suites, proceedings, costs, demands and damages of any kind that you suffer as a result of your use of our website, including your acting or reliance upon any content contained on our website;
- any incorrect information or images provided on our website which your relied upon;
- any internet data usage charges that you incur while using our website;
- any interruption, malfunction, downtime, off-line situation or other failure of our website or services, our systems, databases or any of its components;
- any loss directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; or
- any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.
- You indemnify and hold us (including our directors, employees, officers, agents or any third party members providing content to our website) harmless against any loss, liability, actions, suites, proceedings, costs, demands and damages of any kind (including direct, indirect, special or consequential damages) in relation to the use of our website.
- We will primarily use electronic notices as our main communication tool.
- Please refer to our Privacy Policy on our website for the full cookie policy.
- You acknowledge and agree that all rights, title and interest in any intellectual property (including, but not limited, to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used by us on our website, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is our property or the respective owner(s)' property and will remain our or the owner's property at all times. You will not obtain any intellectual property rights through using our website, services or products.
- Unless the law requires otherwise, we do not warrant that our website, services or products offered on our website will operate error free or without interruption or downtime or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose. You use our website entirely at your own risk.
- We implement reasonable security measures to ensure the safety and integrity of our website. However, despite this, information that is transmitted over the internet may be accessed or monitored in an unlawful manner. We will take reasonable steps to prevent viruses from our website, but cannot guarantee or warrant that any information that is available to download will be free from infection, viruses or other code that has contaminating or destructive properties and we exclude our liability in this regard. You are responsible for, and we recommend that you take your own precautions and implement sufficient procedures to satisfy, your particular security requirements.
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- you are 18 years or older, or if you are below the age of 18, you have obtained the consent of a competent person (such as your parent or legal guardian) to visit and use this website; and
- you may legally enter into an agreement with us on these terms; and
- each of the warranties given by you will:
- be a separate warranty and will in no way be limited by inference from these Terms of any other warranty or by any other words in these Terms;
- continue and remain in force irrespective of whether your account, where applicable, is active, suspended or cancelled; and
- be deemed to be material.
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- Severability. If a provision of these Terms becomes illegal, invalid or unenforceable it will be severed from the rest of these terms which terms will remain valid and enforceable.
- Governing law. These Terms will be governed by and interpreted in terms of South African laws. You consent that the Magistrates' Court will have jurisdiction even if the proceedings are otherwise beyond its jurisdiction.
- Waiver. If we do not enforce any of these Terms, it will not mean that we waive any of our rights and it will not affect the validity of these Terms or prejudice our rights to take subsequent action. A waiver will only be valid if we put it in writing and sign it.
- Whole agreement. These Terms, together with any additional or specific terms, form the whole agreement between us relating to your use of our website.
- No third party stipulation. These Terms create a legally binding agreement between yourself and us only, and do not create rights in favour of any third party.
- Force Majeure. Except for the obligation to pay monies due and owing, no party will be liable if it cannot perform in terms of any agreed terms due to reasons beyond its control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
- Please email us at info@asisa.org.za for any enquiries about our website.
Legal disclosure:
Site owner: Savings and Investment Association - South Africa NPC trading as Association for Savings and Investments SA (Registration No. 2008/017776/08)
Legal status: ASISA is a non-profit company, duly incorporated in terms of the applicable laws of South Africa
Director(s): Please visit our website to view our board of directors - https://www.asisa.org.za/about-us/governance-structure/
Description of main business: Industry association for the long-term insurance and investment management industries
E-mail address: info@asisa.org.za
Website address: www.asisa.org.za
Physical Address: Bridge House, Boundary Terraces, 1 Mariendahl Lane, Newlands, 7700
Postal Address: PO Box 23525, Claremont, 7735
Registered Address: Bridge House, Boundary Terraces, 1 Mariendahl Lane, Newlands, 7700
