1.1 These terms form an agreement between you and us so please make sure that you understand all of them.You agree that you will only use the Mobile App in line with these terms and any additional terms mentioned below that may apply, including any terms and conditions incorporated in these terms by reference and applicable laws, rules, and regulations.Important clauses, which may limit our responsibility or involve some risk for you, will be in bold or italics and highlighted. You must pay special attention to these clauses.
1.2 This Mobile App is provided by Fin Me Up (Pty) Limited to provide you with information regarding the business world in various separate features being:
1.2.1 FinMeUni consisting of: Online courses, Money Matters, Summarised Financial News and Online Boardroom.
1.2.2 Stock picks
1.2.4 Notes & Tips
1.2.5 Daily Quiz
1.2.7 Investing GamesThe terms and conditions applicable to the specific products and services provided to you by Fin Me Up (Pty) Limited apply when using the Mobile App, and the laws of the jurisdiction from or in which those products or services are provided to you, apply accordingly. Whether there is a conflict between these terms and the product terms, these terms will apply. Please note that some of the products listed in these terms might not be available in your country of residence, if outside of South Africa.
We have defined some words for consistency. These words will start with a capital letter, where indicated. Singular words include the plural and the other way around.
Some important terminology :
i) Access code: Any of your secret numbers used to access the Mobile Application, including your personal identification number (PIN) or One Time Pin (OTP), card numbers, passwords, user names or email addresses.
ii) App Store: Your Device's Application Store provided by, Apple or Android, as applicable to you from which you download the Mobile App.
iii) Device: The device you use to access Mobile App such as a cell phone, smartphone and/or tablet or any similar technology.
iv) Intellectual Property: Without limitation, is all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with such inventions, patents, designs, trademarks, service marks, trade names; copyright including all copyright in any logos, devices, designs, multimedia words and computer software programs (in both source and object code form, and including any programmers' or developers' notes, float charts, memoranda, and design documents), rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics, schematics, marketing, sales and user data; domain names and URLs, databases and rights in databases, confidential information an all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all application and rights you applied for protection of any of the same.
v) Intellectual Property Rights: All rights in and to Intellectual Property.
vi) ISP: An internet service provider, which is an organization that provides access to the internet.
vii) OTP: A one-time pin that you will receive to validate your Transaction and which is valid for one transaction only.
viii) Personal Information: Information about an identifiable, natural person or when applicable a juristic person including but not limited to information about the race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, color, sexual orientation, age; physical or mental health, well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial; criminal or employment history, any identifying number, symbol, email, postal or physical address, telephone number; location; any on-line identifier; any other particular assignment to the person, biometric information; personal opinions; views or preferences of the person or the views or opinions of another individual about the person, correspondence sent by the person that is implicitly or explicitly of a private or confidential nature; or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about a person.
ix) Process: Any operation or activity, automated or not, concerning personal information, including alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organization, receipt, recording, retrieval, storage; updating, modification, or the use of information, processing and processed will have a similar meaning.
x) Profile: The Profile that is created when you register and log onto the Mobile App for the first time that reflects the products and services you have with us.
xi) Transaction: Any purchase made using the Mobile App including payments for goods or services or use of any facilities available on this Mobile App that we act on your instruction; Transact has a similar meaning.
xii) We, Us, Our: Fin Me Up (Pty) Limited (Registration Number 2019/457973) and its successors.
xiii) You, Your: The person who registered for the Mobile App.
These terms apply together with any other relevant terms, conditions, and disclaimers that are incorporated by reference into these terms.
4.1 Once you have downloaded the Mobile App onto your device, you must follow the prompts displayed for registration. Registration will generate a digital identity for you.
4.2 You must register for Mobile App by following the prompts displayed after you have downloaded the Mobile App onto your Device.
4.3 Registration will create your Profile.
4.4 If only one Mobile App on a device you do not need to re-register for each Device, but you must log in as normal with your Profile.
5.1 You should only use the latest version of the Mobile App. The App Store will notify you of any updates/upgrades that are available to you. If you do not install the latest version, the Mobile App may not function correctly and you may experience security and/or data flaws for which we will not be liable under any circumstances.
5.2 You should only use the Mobile App on a Device for which it is intended and allowed by the usage rules set out in your App Store's terms of service.
5.3 The Mobile App allows you to open only one Profile at a time; meaning you only Transact with the Profile you have opened at any given time.
6.1 For the first-month application will be free for all users. It means users can enjoy the main features of the app like Daily quizzes, weekly stock picks, Notes & Tips, podcasts, and a stock prediction game named "FunMeUP" for free.
6.2 From next month paid features like Weekly stock picks & Podcasts will not be accessible by users, they need to purchase a subscription plan to access those features. There is two subscription plan available for users. Monthly subscription or yearly subscription.
6.3 A monthly subscription in the amount of $3 or equivalent to $3 as per their currency conversion rate will be charged to the user's credit/debit cards, the details of which are provided at the payment page.
6.4 Or a yearly subscription in the amount of $29 or equivalent to $29 as per their currency conversion rate will be charged to the user's credit/debit card, the details of which are provided at the Payment page.
6.5 The above-mentioned monthly or yearly subscription will be charged on your credit/debit card once your subscription will be finished as we have implemented the auto-renewal payment method in our application.
6.6 Should you fail to make due payment of the monthly or yearly subscription for any reason whatsoever, you will not able to access any of the products or services of the Mobile App which are paid. Access to the services and products on the Mobile App will only be granted once payment of the monthly or yearly subscription in arrear has been made.
7.1.1 Users refund request will be processed by FinMeUp backend team, Users who want refund needs to send an email to email@example.com. Your refund will be processed in your bank account directly within 7-10 working days. FinMeUp backend team will collect the user's bank account information separately and can process refunds accordingly.
7.1.2 If Android app users subscribe for Monthly subscription and within 24 hours they ask for refunds then only refund requests will be taken if the refund request is received after 24 hours of subscription then no refund will be processed later.
7.1.3 If Android app users subscribe for Yearly subscription and within 24 hours they ask for refunds then only refund requests will be taken if the refund request is received after 24 hours of subscription then no refund will be processed later.
7.2.1 Users cancel a subscription at any time. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period by going to your iOS account settings after purchase. Payment will be charged to Apple ID/Google Play account. Any unused portion of the free trial period, if offered, will be forfeited when you purchase a subscription.
7.2.2 iPhone app users can ask for a refund by clicking on the cancel subscription button on the premium account page. After clicking on it they will be redirected to the Itunes account.
7.2.3 If iPhone app users subscribe for Monthly subscription and within 24 hours they ask for refunds then only refund requests will be taken if the refund request is received after 24 hours of subscription then no refund will be processed later.
7.2.4 If iPhone app users subscribe for Yearly subscription and within 24 hours they ask for refunds then only refund requests will be taken if the refund request is received after 24 hours of subscription then no refund will be processed later.
8.1 We will treat your instructions to us in line with your profile and the transaction involved.
8.2 We are not responsible for any loss you suffer if you enter the incorrect details for any transaction.
8.3 You must never assume we have received your instruction until we have told you that we have.
8.4 We are not responsible for any loss or damage you suffer because you repeated in instruction and we repeated that payment.
8.5 You must take care to consider the implications of entering into any transaction, including tax implications.
9.1 You represent and warrant that:
9.1.1 You have full contractual capacity and no Court has declared you unfit;
9.1.2 You are not listed on any State Government list of prohibited or restricted parties;
9.1.3 You have been informed in clause 20 below that you can refer any questions that you may have to us;
9.1.4 You have given us the correct information; and
9.1.5 You have read and understand these terms before entering into this agreement.
10.1 Looking After Your Access Codes
10.1.1 It is your responsibility to keep your access codes secret and safe at all times. Someone who knows your access codes could get access to your profile and steal your information, defraud you, use your personal Information illegally, provide us with instructions for Transactions;
10.1.2 You waive (give up) any claim you may have against us for any loss or damage you may suffer if you have compromised your access codes to any unauthorized third party;
10.1.3 No person ever has a good reason to know or ask for your access codes, so you must never allow another person to access them.
10.2 After your Access Codes have been entered, we will assume that any Mobile App activity of instruction is genuine. Even if someone else used your Access Codes, we may carry out instruction as if you have authorized it.
10.3 We are not responsible for any loss or damage you must suffer because someone accesses your account and you have not followed our advice about using Mobile App safely.
10.4 You must make sure that you have logged out of the Mobile App when you have finished using it to prevent anyone else from using it.
10.5 If your Device is lost or stolen or no longer in your possession, you must immediately log in to the Mobile App through an alternate capable Device and de-authorize that Device. We will not be responsible for any losses you may suffer because you did not de-authorize that Device.
10.6 We are committed to providing safe online services. Please note that all users of the Mobile App and Transactions through it are protected by an inscription at international standards. Inscription protects the Personal Information you have sent through the Mobile App.
11.1 You must use software and hardware suitable for the Mobile App.
11.2 If you do not, the Mobile App service on your Device may not work properly and this could increase your security risks.If we offer software to you on or through your Device, any license agreement is between you and the software's licensor. You indemnify us against any breach of such a software license.
11.3 We do not expressly or implicitly warrant:
11.3.1 The Licensor's ownership of any software provided on the Mobile App; or
11.3.2 Right of use of any Licensor;
11.3.3 That any software is suitable for its purpose.
12.1 You indemnify us against loss or damages (direct, indirect and consequential) that we may suffer as a result of inter alia the following:
12.1.1 You gave us the wrong instructions or information;
12.1.2 You do not have enough money in your account for payment;
12.1.3 Someone carried out an instruction or made a payment without your permission or on your behalf;
12.2 You acknowledge and agree that:
12.2.1 These terms are entered into between you and us. Since the Mobile App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you
12.2.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other terms in relation to the Mobile App and will not be liable for any claims, losses, costs or expenses of whatever nature in relation to the Mobile App or as a result of anyone else using the Mobile App or relying on any of its content;
12.2.3 Any claims relating to the license to the Mobile App, possession or use of the Mobile App are between you and us (and not between you or anyone else, and the App Store) including but not limited to product liability claims, any claim that the Mobile App fails to conform to any regulatory requirement and claims under Consumer Protection Legislation; and
12.2.4 If any claim by a third party that your use (in line with these terms) of the Mobile App infringes any Intellectual Property Rights, the App Store will not be liable to you in relation to that claim.
13.1 Your use of Mobile App is dependent on factors beyond our control, such as your network's coverage or its availability, your ISP's availability or your Device's capability and capacity. We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access the Mobile App.
13.2 We (including our employees, consultants, agents or any affiliated person) are not responsible for any loss or damages related to your use of Mobile App or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, an incidental, or consequential damages in terms of the contract, delict (breach of a duty of care) or Law. We are not responsible for any loss or damages where:
13.2.1 Someone finding out any of your Access Codes and using these Codes to make use of the Mobile App and fraudulent transacting on your Profile or enabling any other third party to commit any type of fraud or other illegal act against you;
13.2.2 Any technical or other problem (interruption, malfunction, downtime or another failure) affects Mobile App, our system, a third-party system or any part of any database for any reason;
13.2.3 Any person or information or any other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence;
13.2.4 Any failure or problem affecting goods or services provided by any other party, for example, any telecommunication service provided, ISP, electricity supplier, local or other authority; or
13.2.5 Any event that we have no control over.
13.2.6 FinMeUp not liable for any person/non- personal loss due to negative investments returns, investment decisions, incorrect information under any circumstance, as all the content we provide is of our own opinion.
13.2.7 FinMeUp cannot be held liable for any misleading or incorrect information or content.
13.2.8 FinMeUp is not an accredited financial institution and/or does not provide financial advice, but rather opinions on all matters discussed.
14.1 You consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources for credit, fraud and compliance purposes, as well as the purposes set out below.
14.2 If you give us Personal Information about or on behalf of another person, you can confirm that you are authorized to; (a) Give us the Personal Information; (b) Consent to Process of the Personal Information specifically any cross border transfer of Personal Information and outside the country where the products or services are provided, and (c) Receive any privacy notices on your behalf.
14.3 You consent to us processing your Personal Information:
14.3.1 To provide products and services to you in terms of this agreement and any other products and services for which you may apply;
14.3.2 To carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);
14.3.3 By sharing your Personal Information with our third-party Service Providers and insurance, locally and outside the country where the products or services are provided. We ask people who provide services to us to agree to our Privacy Policies if they need access to any Personal Information to carry out their services.
14.4 If you are unsure about your tax or legal position because your Personal Information is processed in countries other than where you live, you should get independent advice.
If you give us permission, that we may use your Personal Information to contact you about products, services and special offers from us or other companies that may interest you. We will do this by Post, Email or Text Message. If you decide that you do not want to do this, you can contact us and we will stop.
We may stop you from using the Mobile App for the purpose of accessing the content provided by the Mobile App if you breach any clause of these Terms and Conditions and do not remedy it within 5 (five) days after we have asked you to do so. We may still take other steps available to us, including applying to a Court for an urgent interdict against you.
17.1 We keep all Intellectual Property Rights in and to the Mobile App, or content in it unless the content is clearly the Intellectual Property of another individual or sent to and from the Mobile App.
17.2 We grant you a non-assignable, non-sub licensable, non-transferrable, non-exclusive license to use the Mobile App, which may include updates and/or upgrades. You will be asked to accept any additional terms through the Mobile App when they come applicable to you.
17.3 The Mobile App is licensed to you for the purposes in these Terms only and for no other purposes. The Mobile App is licensed only to you and you will not grant any rights of use or any other rights in respect of the Mobile App or any Intellectual Property Rights in it to any other person. The license granted to you will commence when you install the Mobile App and make payment of your first subscription and will continue until it is terminated in line with these terms, which will result in the cancellation of your access to the Mobile App and its content and/or the termination of your ability to use the Mobile App. On termination of the license granted in these Terms for any reason Whatsoever, you must immediately stop all use of the Mobile App.
17.4 You may not in any manner exploit the Mobile App for any commercial gain of any nature.
17.5 Certain content available on the Mobile App may include content belonging to third parties. We may provide links to third-party websites or content as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy:
17.5.1 All content belonging to third parties on the Mobile App; and/or
17.5.2 Any content featured on the websites of third parties that are accessed via links found on the Mobile App.
17.6 You may not copy, adapt, modify, alter, decompile, reverse engineer, attempt to derive the source code of all create derivative works of, or otherwise attempt to reproduce the Mobile App, its contents, including any Intellectual Property therein, its design, any updates to the Mobile App and/or any proprietary features relating to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that are found on the Mobile App and/or any content featured on the websites which are accessed via links that are found on the Mobile App. You may not sub-license such third party content, including Intellectual Property Rights associated with it.
17.7 You may not establish a hyperlink, frame, meta tag, similar reference, whether electronically or otherwise (collectively referred to as linking) or any other reference to the Mobile App.
17.8 You indemnify us against all actions, claims, costs, demands, expenses, and other liabilities suffered or incurred by us as a result of any third party claims initiated and/or instituted against us relating to your unauthorized use of the Mobile App and/or any Intellectual Property Rights flowing from them.
18.1 We may change these Terms by giving you written notice;
18.2 The invalidity, illegality or unenforceability of any of the clauses in these Terms will not affect the validity, legality or enforceability of the remaining clauses of these Terms.
18.3 We may send you any notice about the Mobile App via email and we may regard the notice as having been received by you 1 (one) day after it was sent.
18.4 We may terminate the Mobile App at any time on notice to you. On termination of your registration to the Mobile App for any reason, all rights granted herein in respect of the Mobile App will cease immediately.
19.1 We will send any legal documents or notices to you at the address we have for you on our records, be that physical or an email address.
19.2 We may send other written communication to you through the Mobile App message system.
19.3 Any legal document or notice to be served in legal proceedings must be written on paper. The relevant provisions of the Electronic Communications and Transactions Act 35 of 2002 do not apply to these documents or notices.
South African law will govern these Terms regarding your use of the FinMeUp Mobile App and website.
21. CUSTOMER CONTACT INFORMATION
21.1 The contact details in respect of our offices are as follows :
21.2 We will deal with all complaints as follows:
21.2.1 We provide an acknowledgment;
21.2.2 An initial response to your complaint in writing within 5 (five) business days, unless we reasonably expect to be able to provide a full response in writing within 10 (ten) business days.