Terms and Conditions
Last updated: 8 October 2024
Background
These Terms and Conditions ("Terms") govern your use of the Fynbos platform ("Platform") operated by Fynbos Technologies (Pty) Ltd (“Fynbos”).
Please read them carefully.
By accessing or using the Platform, 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.
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.
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.
You may change your subscription tier at any time through the Platform and will pay the subscription fee of both tiers on a pro-rata basis.
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.
Investment Advice
Fynbos is a registered representative of Life Current (Pty) Ltd, a registered Financial Service Provider with authorization to provide both advice and intermediary services.
Through the Platform and the Fynbos website Fynbos provides educational content and investment tools. We do not offer personalized investment advice.
All investment decisions are made at your own risk. Fynbos is not responsible for any losses incurred as a result of your investment decisions.
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 at any time, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Platform will immediately cease.
Any funds that you have saved or invested through the Platform will be refunded to you 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.
In no event shall Fynbos's liability exceed the amount you have contributed to Fynbos in the past six months.
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, or relating to, these Terms or the Platform shall be resolved through binding arbitration in Cape Town, South Africa.
If you have a complaint regarding the financial service 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:
- Physical Address: Sussex Office Park, Ground Floor, Block B, 473 Lynnwood Road, Lynnwood, 0081, Pretoria, South Africa.
- Postal Address: P.O. Box 74571, Lynnwood Ridge, 0040, South Africa.
- Telephone Number: +27 (0)12 762 5000
- Email Address: [email protected]
- Website: www.faisombud.co.za
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 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].