Terms & Conditions

01 Acceptance

By accessing the website or using any of the [services] offered via the website, you enter into an agreement with The Money School Solutions ("The Money School") on the terms and conditions set out herein and as may be referenced herein (the "terms"). The Money School may at any time modify any of the terms and the amended terms will be made available on the website. Each time you access the website, you agree to be bound by the terms, as may be modified from time to time.

02 Description of the Service

The Service is web-based wealth management knowledge transfer and education, with tools which enables users to create a plan to assist in the management of debt and budgeting.
The Money School may elect to offer users of a free trial of the Service. At the end of the free trial period, you will be given an option to continue using the Service for a fee. Should you elect not to accept such option the free service will automatically terminate at the end of the free service period.
It is specifically recorded and agreed that nothing in the terms shall be construed as The Money School rendering a financial service as defined in the Financial Advisory and Intermediary Services Act of 2002.

03 User Name and Password:

Before registering to use the service, you will be obliged to enter a User Name ("User Name") and Password ("Password") chosen by you. You undertake to ensure that your User Name and Password is not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your User Name and Password. On receipt of such report, The Money School reserves the right to reject any communication received from you, suspend the processing of any communications and requests not yet executed by The Money School and immediately deactivate your Password and User Name. You shall thereafter be obliged to refrain from using the service until such time as a new Password and/or User Name, as the case may be, has been authorised by The Money School. The Money School may from time to time require you to change your Password and/or User Name, as the case may be, and you undertake to comply with such instruction immediately.

04 Verification:

All instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to The Money School electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by The Money School and you will be bound by such instruction with no liability of whatever nature attaching to The Money School in regard thereto.

05 Subscription for the Service:

The advertising of the services via the website merely constitutes an invitation by The Money School for you to make an offer to subscribe for the Service. Once you have submitted the required information to The Money School, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. The Money School reserves the right to cancel a request to register for any reason on notice to you. [An email confirmation will be sent to you once The Money School receives your registration details. A transaction to use the service will only be deemed to have been concluded once the email confirmation as aforesaid is sent to you]

06 Compliance with Section 43(1)

of the Electronic Communications and Transactions Act of 2002 ("ECT Act").

Full name : The Money School
Physical address : 5 Pagoda Crescent, Fourways Gardens
Telefax number : 086 607 7373
Telephone number : 010 2039377
Website address : www.themoneyschool.co.za
Email address info@themoneyschool.co.za
Physical address for receipt of service: 5 Pagoda Crescent, Fourways Gardens

07 Fees

Fees and Charges for the services rendered are available on request

08 Payment Methods

Card payments.
At the time of subscribing for the Service, the transaction details will be presented to the bank and an authorization is obtained for The Money School for the amount of the order. Payment is only collected when the order is completed and the subscription for the Service has been completed. Note that to protect itself and in the interests of customers, The Money School scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if The Money School is not satisfied with it's legitimacy. Note that The Money School uses Netcash (Pty) Ltd (Netcash) as its payment gateway. Your cardholder statement will reflect a debit by Netcash and not The Money School.

09 Cooling off period and right of withdrawal:

if you qualify as a consumer as defined in the Electronic Communications and Transactions Act of 2002, you may cancel the transaction at any time within 7 days of date of acceptance by The Money School of you as a subscriber and receive a refund of the fee paid for the Service. Such notice of cancellation must be in writing. You will, however, not be entitled to exercise the above right of cancellation for the provision of services if performance has begun, with your consent, before the end of the seven day period referred to above.

10 Privacy.

The manner in which we treat personal information obtained by The Money School by virtue of your use of this website is protected and used as set out in our privacy policy locate at www.The Money School.co.za/legal/privacy_policy.htm .

11 Security Policy

While we employ security features, processes and procedures on the site which are in accordance with or higher than accepted industry standard and use 256 bit encryption technology, we cannot guarantee the security of the information you transmit to us or of any information we transmit to you. Notwithstanding precautions taken by us, you accept that transmitting information over the Internet may be subject to unlawful access or monitoring. To enjoy full functionality and all the security features available on the website you require the browser and version thereof as specified on the site from time to time. If you do not have the specified browser you may not have the benefit of the security features made available on the website and you accept all risks related to this.

12 Copyright and Intellectual Property Rights.

Copyright and all intellectual property rights in all materials, texts, drawings, data made available on this website (collectively "the materials") are owned by The Money School alternatively, The Money School is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of The Money School. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of The Money School.

13 External links.

External links may be provided for your convenience, but they are beyond the control of The Money School and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of The Money School.

14 Unlawful use.

You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.

15 Warranties:

The website and the services are provided as is and The Money School makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto. Without limiting the generality of the foregoing, The Money School disclaims all implied warranties in respect of merchantability or fitness for a particular purpose. The Money School does not warrant that the website, the service or any report generated via the service or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network. You warrant and represent that (a) you are legally entitled to access the website and use the services (b) you have and will continue to have for the duration of the agreement, all necessary consents to use the services (c) all information given to The Money School is accurate, up-to-date and complete.

16 Limitation of Liability:

Neither The Money School or its directors shall be liable for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be caused by or attributable, directly or indirectly, to (a) your access and use of the website and/or the services (b) the unavailability of the website or the service for any reason whatever (b) your use of or reliance of any information offered on or via the website and/or your use of the services; (d) your acts or omissions; .(e) a breach by you of the terms; (f) the fact that The Money School acts on your instructions/orders or instructions/orders purported to emanate from you (g) any unlawful access or monitoring of information transmitted to us (h) any error or omission in respect of information submitted to The Money School by you. The Money School is further not liable for the correctness or otherwise of any report or information generated via the Service. Any information released by The Money School (including but not limited to any information contained in any reports) shall in no way be construed as an opinion of The Money School on your solvency, financial standing or creditworthiness. You shall be solely liable for all actions and decisions taken in reliance on the reports and the information as aforesaid.

17 Address for Service.

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in 6.2. The Money School shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

18 Sole record:

The terms constitute the sole record of the agreement between you and The Money School in relation to the subject matter hereof. Neither you nor The Money School shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and The Money School in respect of the subject matter hereof. No indulgence or extension of time which either you or The Money School may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

19 Assignment:

The Money School shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

20 Severability:

All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

21 Force majeure:

Should The Money School be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as The Money School is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then The Money School shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

22 Complaints:

Any complaints and queries which you may have should be directed to our help desk via the email address specified on the website from time to time.

23 Law and Jurisdiction:

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the South Gauteng High Court, Johannesburg in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

This document was last updated on 5 May 2012