Terms and conditions

Background

These Terms and Conditions ("Terms") govern your use of the Fynbos platform ("Platform")  and any advice services made available by Fynbos through the Platform  operated by Fynbos Technologies (Pty) Ltd ("Fynbos").

Please read them carefully.

By accessing or using the Platform or engaging with any Fynbos advice service , you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform or receive Advice from Fynbos .

Eligibility

You must be at least 18 years old and a resident of South Africa to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.

 Eligibility for Advice:  Some advice offerings are limited to specific subscription tiers. Quick Advice is available only to subscribers on the qualifying tier (currently the Protea tier). Holistic Advice has its own eligibility criteria, which will be communicated to you before any engagement begins. Fynbos may change or suspend eligibility for any advice offering at any time, with reasonable notice on the Platform.

Account registration

To use certain features of the Platform, you must create an account.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account and for all activities that occur under your account.

Subscription and fees

Fynbos offers a tiered, subscription-based service with a flat monthly fee.

By subscribing, you agree to pay the subscription fee as set forth on the Platform.

Fynbos reserves the right to change the subscription fees at any time, with prior notice to you.

Fynbos offers different subscription tiers with different features, benefits and fees for each tier.

If you change subscription tiers mid-billing-cycle, you will pay each tier on a pro-rata basis for the portion of the cycle that tier was active. 

Fees for advice:  Quick Advice is included in the qualifying subscription tier at no additional charge. Holistic Advice and any other advice services outside the scope of Quick Advice may attract a fee, which will be agreed in writing before the engagement begins. Remuneration the adviser receives will be transparently disclosed.

Use of the platform

You agree to use the Platform in compliance with all applicable laws and regulations.

You agree not to use the Platform for any unlawful or prohibited activity, including but not limited to fraud, harassment, or spamming.

Advice services

Fynbos is a Juristic Representative of Life Current (Pty) Ltd, an authorised Financial Services Provider (FSP No. 51852) with authorisation to provide both advice and intermediary services in respect of the categories set out in the adviser's Disclosure Document.

Definitions

For the purposes of this section:

"Advice" has the meaning given in section 1(1) of the Financial Advisory and Intermediary Services Act, 2002 ("FAIS").

"Quick Advice" means a single-need advice engagement, limited in scope to a specific question about a Fynbos product or fund, and available only to subscribers on the qualifying tier.

"Holistic Advice" means a broader, fee-based engagement, the scope of which is set out separately in an engagement letter.

"Educational Content" means general information published on the Platform — articles, guides, calculators, and the Finance Field Guide — which is informational only and is not Advice.

"Record of Advice" or "ROA" means the document Fynbos is required to provide following any Advice given, recording the advice and the basis on which it was given.

Scope of advice

Before any Advice is given, you will choose the type of Advice you want (Quick Advice or Holistic Advice). The scope of that engagement defines what the adviser will and will not consider. Quick Advice specifically (a) addresses one specific question per engagement; (b) is limited to products and funds available on the Fynbos platform; (c) does not consider holdings, products, accounts, tax positions, insurance cover, estate matters, or any other circumstances outside Fynbos, unless specifically agreed otherwise in writing; (d) is not a substitute for holistic financial planning. For Holistic Advice, the scope is set out in your engagement letter.

Disclosure document and consent

Before Advice is given, you will be provided with the adviser's Disclosure Document (FAIS General Code of Conduct, Part II) and the Personal & Other Information Consent Form (POPIA). For Quick Advice, by continuing the Advice process after these documents have been made available to you, you confirm that (a) you have received them and had the opportunity to read them; (b) you consent to Fynbos and Life Current collecting, processing and storing your personal information for the purposes set out in the consent form, in line with the Protection of Personal Information Act, 2013; (c) you agree to be bound by these Terms in respect of the Advice. For Holistic Advice, the same confirmations are captured in the engagement letter you receive before the engagement begins.

Information you provide

The Advice we give relies on the information you provide. You agree to provide accurate, current and complete information for the purposes of the Advice, and to update us if anything material changes. If you provide inaccurate, incomplete or misleading information, or withhold information that would have changed our recommendation, the Advice may be inappropriate; Fynbos is not liable for loss arising from advice given on that basis.

Limitations within scope

Advice is given on the basis of the information you provide and the matters within the agreed scope. Matters outside that scope are not considered. Circumstances outside the agreed scope — including (for Quick Advice) your tax position, other investments held outside Fynbos, debts, insurance cover, estate planning, dependents' needs, and changes after the Advice is given — may materially affect whether the Advice is appropriate. If such circumstances apply, you should consider obtaining Holistic Advice or speaking to a specialist before acting. Fynbos is not liable for consequences of acting on Advice regarding circumstances that fell outside of the agreed scope.

Your responsibility

While we make every effort to give Advice that is appropriate to your stated needs and within scope, the final decision to act on any Advice remains yours. You will read any Record of Advice carefully, ask questions if anything is unclear, exercise your own judgement before acting, and may decline to act on Advice at any time without consequence to your Fynbos subscription.

Investment risk

All investment involves risk. The level and type of risk varies by product and underlying fund. Values can go down as well as up. Past performance is not a reliable indicator of future performance. Money market and income funds aim for capital stability but are not guaranteed. Equity funds (including index funds) are typically more volatile in the short term and intended for longer-term horizons. Retirement and other regulated products are subject to statutory rules. Specific fund risks are disclosed in the Minimum Disclosure Document published by the underlying manager.

Tax

Any reference to tax in Advice or supporting content is illustrative, based on current South African tax legislation as we understand it, and is not tax advice. You should confirm your tax position with a qualified tax practitioner before acting.

Record of Advice

Where the FAIS General Code of Conduct requires it, Fynbos will provide you with a Record of Advice setting out the Advice given and the basis on which it was given, within a reasonable time of the Advice being given. You should review the ROA promptly and notify the adviser in writing if anything is incorrect. Failure to do so within 14 days will be taken as acceptance that the ROA accurately reflects the Advice given.

Conflicts of interest

Fynbos has a Conflicts of Interest Policy, available on request. Conflicts relevant to Advice are disclosed in the Disclosure Document and at the time the Advice is given. You acknowledge that Fynbos may receive remuneration from product providers and that Fynbos is a company in which the lead adviser holds a shareholding, as disclosed in the Disclosure Document.

Acceptance

For Quick Advice, by continuing the conversation with an adviser after the Disclosure Document and POPIA consent have been shared with you, you confirm that you have read these Terms, received the Disclosure Document, consented to the use of your personal information, understand the scope and its limitations, and agree to be bound by these Terms in respect of the Advice. For Holistic Advice, these same confirmations are captured by your acceptance of the engagement letter before the engagement begins.

Third-party services

The Platform may contain links to third-party websites or services that are not owned or controlled by Fynbos.

Fynbos has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Intellectual property

All content and materials on the Platform, including but not limited to text, graphics, logos, and software, are the property of Fynbos or its licensors and are protected by copyright and other intellectual property laws.

You may not use, reproduce, or distribute any content from the Platform without the prior written permission of Fynbos.

Termination

Fynbos may terminate or suspend your account and access to the Platform on reasonable notice, or immediately where you have breached these Terms in a material respect or where we are required to do so by law or by our regulators.

Upon termination, your right to use the Platform will immediately cease.

Where your account is closed, (a) discretionary investments held through the Platform will be disinvested and paid to your nominated bank account subject to the rules of the underlying fund and standard processing times; (b) tax-free and retirement products will be dealt with in accordance with the statutory rules governing those products, which may require transfer to another approved provider rather than payment to you; (c) any unused portion of pre-paid subscription fees will be refunded within 30 days.

Limitation of liability

Fynbos shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of the Platform or your receipt of Advice .

Fynbos's total aggregate liability under these Terms is limited to the subscription fees you have paid to Fynbos in the 12 months preceding the event giving rise to the claim, or such other cap as may be agreed in writing.

 Advice-specific liability.  To the maximum extent permitted by law, Fynbos and Life Current will not be liable for any loss arising from (a) you acting on Advice given by Fynbos; (b) information you did not disclose, or that you disclosed inaccurately or incompletely; (c) circumstances that fell outside the agreed scope of the Advice; (d) market movements, fund performance, or changes in tax or other legislation; (e) decisions you make on the basis of Educational Content. Nothing in these Terms is intended to limit any liability that cannot lawfully be limited (including under the Consumer Protection Act, 2008, or the FAIS Act).

Governing law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.

Dispute resolution

Any disputes arising out of these Terms or the Platform may be referred to arbitration in Cape Town by agreement of the parties. Nothing in this clause limits your right to lodge a complaint with the FAIS Ombud or to approach a court of competent jurisdiction.

If you have a complaint regarding the financial service  or Advice  provided to you, you have the right to lodge a complaint with us by sending an email to [email protected].

If you are not satisfied with the resolution of your complaint, you may escalate the matter to the Financial Advisory and Intermediary Services (FAIS) Ombud. The FAIS Ombud is an independent office established to resolve disputes between financial services providers and their clients in a fair and impartial manner.

You can contact the FAIS Ombud at the details listed on their website here: https://www.faisombud.co.za/contact-us/ 

Please note that complaints must be lodged with the FAIS Ombud within three years from the date of the incident. Lodging a complaint with the FAIS Ombud is free of charge, and all complaints will be treated confidentially.

Changes to terms

Fynbos reserves the right to modify these Terms at any time. We will provide notice of any changes by posting the new Terms on the Platform. Your continued use of the Platform  or your engagement with any Advice service  after any such changes constitutes your acceptance of the new Terms.

Contact Information

If you have any questions about these Terms, please contact us at [email protected].