SOLmate TERMS AND CONDITIONS
Last updated: 8 June 2022
Please read these Terms carefully before using the SOLmate Platform because they affect your legal rights and obligations.
By registering with SOLmate and using the SOLmate Platform, SOLmate Website or SOLmate Account you confirm that you have read, understood and accepted the terms and conditions of this user agreement (this "Agreement"). If you don't wish to be legally bound by these terms and conditions, then please do not register with SOLmate.
- 1. INTRODUCTION
1.1. Thank you for choosing SOLmate. SOLmate provides the SOLmate Platform which includes an online portal and mobile applications that give you access to different Services, including receiving and making payments and third-party services.
1.2. Please note that SOLmate is not a registered bank in any jurisdiction.
1.3. SOLmate is a duly appointed juristic representative of PAL LIFE (Pty) Limited, (Registration Number 2020/577727/07) which is an authorised Financial Services Provider under the Financial Advisory and Intermediary Services Act No 37 of 2002 - FSP#43259. As such SOLmate renders financial services to clients on behalf of PAL LIFE.
1.4. SOLmate will be entitled to, but not be under any obligation, tomonitor your use of the SOLmate Services. SOLmate may at its sole discretion, immediately and without notice, suspend or terminate your access to and use of the Services if we reasonably suspect you to be using the Services in breach of these Terms or any Applicable Laws.
- 2. INTERPRETATION AND DEFINITIONS
2.1. "Account" or "SOLmate Account" means the account that a User creates and registers through the Website or associated mobile applications in order to access the SOLmate Platform and Services;
2.2. "Administrator" means PAL LIFE, (Registration Number 2020/577727/07) which is an authorised Financial Services Provider under the Financial Advisory and Intermediary Services Act No 37 of 2002 - FSP#43259, is the company that is approved by the FSCA to provide administration services in respect of financial products on the instructions of SOLmate users.
2.3. "Applicable Laws" means any law, by-law, ordinance, proclamation and/or statutory regulation which SOLmate or the User are required to observe by reason of the provision of the Services, use of or business with the Services and matters incidental thereto, including, but not limited to, any present or future legislation, measure, requirement, order, ordinance, rule, guideline, practice, concession, or request issued by any relevant authority, government body, agency or department, which is applicable to these Terms;
2.4. "Authorised Third Parties" means third party banking, payment card, payment or other service providers, including service providers of value added services, which SOLmate has authorised to provide Services through the SOLmate Platform;
2.5. "Beta Products" means all products or services still in beta testing phase;
2.6. "Fees" means the fees payable in relation to any Services and as more fully set out on the Website;
2.7. "KYC" refers to Know Your Customer and "KYC practices" means the practices implemented by SOLmate in relation to KYC;
2.8. "Local Currency" means South African Rands;
2.9. "Minimum Closure Amount" means ZAR 10.00;
2.10. "Minimum Unallocated Deposit Amount" shall mean, until otherwise determined by SOLmate, ZAR 10.00.
2.11. "Personal Information" means all information about a User that can be used to identify the User;
2.12. "Services" means the SOLmate Platform and the services supplied or made available by SOLmate or Authorised Third Parties to Users through the SOLmate Platform;
2.13. "SOLmate", "us" and "we" means:
- SOL ECOSYSTEM (PTY) LTD (CIPC reg.no 2020/851425/07), a company incorporated in terms of the laws of South Africa, with its physical address at 77 Andre Brink street, Vorna Valley, Midrand, 1686.
2.14. "SOLmate Platform" means the Website, any associated mobile applications, websites or APIs to the Website;
2.15. "SOLmate Platform Chat" means the communication function (Chat window) built into Website and associated mobile applications, or any designated link or contact number in other communication platforms (such as Whatsapp, Telegram, Viber or others), as described in Website and associated mobile applications;
2.16. "SOLmate Mobile App" or "SOLmate App" refers to the means through which the SOLmate Account is accessed;
2.17. "Terms" means these terms in this legally binding agreement that regulate your use of the Services and our relationship with you;
2.18. "User" and "you" means the person making use of the Services;
2.19. "Value Added Services" or "VAS" means value-added services such as mobile network airtime and/or pre-paid electricity;
2.20. "Website" means www.solmate.co.za, including all sub-domains.
- 3. USING THE SOLMATE APP AND SOLMATE ACCOUNT
3.1. Once you have registered a SOLmate Account you can make payment of Local Currency into the specified SOLmate bank account that a SOLmate operating entity in your jurisdiction will operate and manage. The payments will be allocated to your SOLmate Account for transacting through the SOLmate Platform and for purchasing VAS or other Services offered by Authorised Third Parties only. You agree that SOLmate may share your Personal Information with the local SOLmate operating entity, global SOLmate operating entities, and Authorised Third Parties to process transactions as instructed by SOLmate.
3.2. You will receive a reference number for every payment made which you must use as a reference where so required.
3.3. You make payment subject to the following terms:
3.3.1. You may not make payments by cheques;
3.3.2. You may only make payments in a manner as specified on the Website or in the associated mobile applications;
3.3.3. You may only make a payment for the purpose of purchasing goods or services through the SOLmate Platform;
3.3.4. You may only make a payment in Local Currency and only from within South African borders;
3.4. If you breach, or if SOLmate reasonably suspects that you are in breach of any of the terms in clause 3, SOLmate may suspend or terminate your SOLmate Account immediately, or there may be a delay in the payment being allocated to your SOLmate Account.
3.5. In addition, you take note that delays may be caused by operational or managing processes or different processing times being applied by the different applicable banks. Although SOLmate will take all reasonable care to allocate all payments made in terms of this clause 3, SOLmate will not be liable for any delay or failure of a payment to reflect timeously.
3.6. You will be able to request a withdrawal of the proceeds from a transaction through the SOLmate Platform or the advance payments available in your SOLmate Account if you no longer wish to proceed with transactions through your SOLmate Account.
3.7. Where any Local Currency in your SOLmate Account is not used for a period exceeding three months, or you withdraw Local Currency from your SOLmate Account in less than 5 days from depositing it, without using for any transactions, then SOLmate may charge and obtain from you an "Inactivity Fee" as specified on the Website, which shall be collected from the Local Currency held in your SOLmate Account.
3.8. If you retain funds in your SOLmate Account and SOLmate detects inactivity of your SOLmate Account as determined by SOLmate, SOLmate will notify you through the SOLmate Platform Chat service. The laws may require us to report and deliver the funds to the relevant authorities as unclaimed property if we cannot get hold of you. If the law permits, SOLmate will deduct a fee for the inactivity as specified on the Website. In the event of SOLmate being unable to contact you and being required to deliver your funds to any relevant authority, you indemnify and hold SOLmate harmless for any loss that you may suffer.
3.9. If you make a payment of less than ZAR 10.00 or the equivalent in your local currency that we cannot allocate within a month of being deposited, SOLmate will retain the amount as a service fee and you accept and agree that you shall have no further claim or entitlement to such funds.
3.10. As part of the Services, we may offer that you purchase Value Added Services like airtime or pre-paid electricity or other Services from Authorised Third Parties through the SOLmate Platform. These transactions will be subject to the agreement entered into with the Authorised Third Party and SOLmate will not be liable for any claim against or dispute between you and the Authorised Third Party.
3.11. You must take note that in some cases the agreement with the Authorised Third Party will require direct instant payment from your SOLmate Account to settle the purchase price of the goods or services purchased from the Authorised Third Party.
3.12. Even though SOLmate may implement reasonable KYC processes, SOLmate cannot warrant Users' identities and you accept responsibility for the correctness of all transaction details before you submit an instruction to proceed with a transaction through the SOLmate Platform.
- 4. WITHDRAWING FROM YOUR SOLMATE ACCOUNT
4.1. If you want to withdraw funds or if you no longer wish to proceed with transactions through your SOLmate Account, you may request from SOLmate to withdraw the proceeds or advance payments made in relation to the Services and pay it over to your local bank account if you have added your local bank account details to your SOLmate Account. SOLmate will process all such requests in terms of your instructions as soon as reasonably possible, but cannot guarantee any time period. Any other withdrawal processes will be specified on the Website.
4.2. You are solely responsible to provide complete and correct banking details when adding your bank account details to your SOLmate Account and SOLmate will not be liable in the case where you provide incorrect information. Once SOLmate has acted on your instructions it would not be possible to reverse the withdrawal.
- 5. FEES
5.1. The detailed information on Fees payable for the different Services available through your SOLmate Account and the SOLmate Platform are set out on the Website or where applicable on the Authorised Third Party`s website. Note that Fees may change from time to time without notice and the Fees as set out on the Website when you make use of the Service, apply at the time. A change in Fee will not affect any completed transactions.
5.2. Examples of the Fees we may charge include:
5.2.1. Send and Receive fees;
5.2.2. Deposit and Withdrawal fees;
5.2.3. Exchange fees;
5.2.4. Subscription fees;
5.2.5. Inactivity Fees;
5.2.6. Transaction Fees.
- 6. PAYMENTS
6.1. Payment: payment of the Fees is required before you can use the Services. You warrant that you are authorised to use the relevant billing details provided when paying the Fees, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are enough funds to cover the Fees when they are billed.
6.2.Under no circumstances will SOLmate be responsible for any Fees incurred by you to an Authorised Third Party or any other third parties.
6.3. Making payment: Fees are paid through direct set off against the available balance of Local Currency in your SOLmate Account.
6.4. Transaction records: we will make all documentation relating to transactions between you and us available to you in your SOLmate Account.
6.5. Taxes: all Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under Applicable Laws, the User is responsible for any applicable taxes, whether they are listed on the transaction documents or not.
6.6. Failed purchase: should payment for the Fees be unsuccessful, the User will be notified of this and will be able to attend to payment again. In the event of a failed purchase, the User will be unable to access the Services until the Fees have been successfully paid. If the Fees remain unpaid, SOLmate reserves the right to terminate your access to the Services and shall notify you of such termination through the SOLmate Platform Chat service in your SOLmate Account.
- 7. AUTHORIZED THIRD PARTIES;
7.1. SOLmate Card
7.1.1. "SOLmate Card"means a physical or virtual payment card, which may be issued by an Authorized Third Party and connected to your SOLmate Account at your request. SOLmate has authorised a card issuing Third Party to provide Services through the SOLmate Platform;
7.1.2. SOLmate is not an owner or an issuer of the SOLmate Card, and only provides services of delivering, activating, and topping up the SOLmate Card using the Local Currency stored in your SOLmate Account. SOLmate may charge you fees for these services as described in the Website;
7.1.3. SOLmate will not be liable to you in respect of any Authorised Third-Party Services made available to you, or Fees charged by Authorized Third Party for using the SOLmate Card, even if such Authorised Third Party Services are made available to you through the SOLmate Platform;
7.1.4. SOLmate will use all reasonable endeavours to assist you in case of any issues with Authorised Third-Party Services or Fees, including SOLmate Card. To get such assistance, you may contact SOLmate via the SOLmate Platform Chat or associated Whatsapp numbers.
7.2. SOLmate Group Funeral Cover Terms, Conditions and Disclosures
7.2.1. Your cover is for R5,000 for you only.
7.2.2. Should you cancel your SOLmate debit card, or your monthly card fee is not received, cover will cease as it is embedded with your card program.
7.2.3. The Cover Start Date is when the first monthly card fee is received
7.2.4. Claim payment in the event of your death is payable to your nominated Beneficiary directly or via the Intermediary for onwards payment to your nominated Beneficiary.
7.2.5. The nominated Beneficiary has to be 18 years or older.
7.2.6. A 6 (six) month waiting period will apply from the Cover Start Date. No Waiting Period will apply for Accidental Cover, provided the first monthly card fee has been received.
7.2.7. A 12 (twelve) month Waiting Period will apply in respect of suicide.
7.2.8. No Policy Benefits are payable in the event of the occurrence of your death arising directly or indirectly from, or traceable to war, riots, civil commotion, terrorist activities, wilful exposure to danger, or you being under the influence of any drugs or alcohol; participation in any criminal act; radioactivity or nuclear explosions or intentional self-inflicted injury.
7.2.9. Should your death occur outside the borders of South Africa, such claim will be subject to receipt of the official proof of death from another country, which Stangen may or may not be in a position to verify. Payments of claims under such circumstances can therefore not be guaranteed.
7.2.10. The information provided and all declarations made by the Applicant form the basis of this Policy. This Policy and Cover shall be voidable in the event of misrepresentation or non-disclosure.
7.2.12. When you enter into this policy, you will be giving us your personal information that may be protected by data protection legislation, including but not only, the Protection of Personal Information Act, 2013 (POPI). We will take all reasonable steps to protect your personal information. You authorise the Intermediary and the Insurer to:
- Process your personal information to communicate information to you that you ask us for, provide you with insurance services, verify the information you have given us against any source or database, compile non-personal statistical information about you and send you marketing material and / or communication for direct marketing for similar products / services.
- Transmit your personal information to any affiliate, subsidiary or re-insurer so that we can provide insurance services to you and to enable us to further our legitimate interests including statistical analysis, re-insurance and credit control.
- Transmit your personal information to any third-party service provider that we may appoint to perform functions relating to your policy on our behalf.
7.2.13. You acknowledge that this consent clause will remain in force even if your policy is cancelled or lapses.
7.2.14. In the event of a claim, the Intermediary should be contacted.
7.2.15. The occurrence of your death must be reported in writing within 12 (twelve) months.
7.2.16. No claim shall be considered, or Benefit paid out under this Policy if the claimant is unable to furnish documentation acceptable to Stangen, which are positive verification of your death.
7.2.17. If any claim under this Policy is in any respect fraudulent, or if any fraudulent means are used by the Policyholder or anyone acting on their behalf to obtain any Policy benefit under this Policy, such claims shall not be honoured and Stangen will have the right to cancel the Policy at its discretion.
7.2.18. Any complaints must first be lodged with the Intermediary. Should the resolution not be satisfactory, the Insurer can be contacted on the numbers below or via e-mail to email@example.com. Any complaints must be submitted in writing.
7.2.19. Should there be concerns about the information received, the Insurer's Compliance Department can be contacted on 086 11 22 222 or firstname.lastname@example.org
7.2.20. The Insurer:
The Standard General Insurance Company Limited ("Stangen")
Tel Nr. 0861 007 966
Menlyn Corporate Park, Corobay Avenue, Waterkloof Glen, Pretoria, 0081
7.2.21. The Intermediary:
Essential Employee Benefits (Pty) Ltd
Approved Financial Service Provider (FSP Nr 46244)
Tel Nr. 010 593 7158
11 Wellington Road, Parktown, Johannesburg, 2193
7.2.22. The Policyholder:
SOL Ecosystem (Pty) Ltd
Whatsapp support number: 063 944 5086
77 Andre Brink Street, Vorna Valley, Midrand, 16 86
7.2.23. You can access the SOLMATE STANGEN COMPULSORY GROUP FUNERAL COVER Master Policy document at SOLmate Website:
- 8. IMPORTANT DISCLAIMER AND RESTRICTIONS
8.1.It is your sole responsibility to identify, understand and comply with all Applicable Laws that may apply in your jurisdiction when you access or use the SOLmate Services. These include for example applicable tax, exchange control, import and export and foreign currency laws. You take note that your jurisdiction may not allow use of the SOLmate Service in which case you agree not to use the SOLmate Service.
8.2. Authorised Third Party Services made available through the SOLmate Platform will be regulated by the terms and conditions of the applicable Authorised Third Party and SOLmate will not be a party to the agreement between you and the Authorised Third Party.SOLmate will not be liable to you in respect of any Authorised Third-Party Services made available to you, even if such Authorised Third Party Services are made available to you through the SOLmate Platform.
8.3.SOLmate does not endorse the accuracy or reliability of any information, statement, opinion, or other content contained on the Website or provided in the Services, and such content does not constitute legal, financial, professional or other advice and should not be used to obtain credit, make investments of any nature or make financial decisions or for any other commercial purposes.
8.4.All information provided on the Website or with the Services are provided for information purposes only. You should therefore not rely on it when making any decisions or when transacting through the SOLmate Platform.
8.5.If you rely on the information on the Website or with the Services, you do so strictly at your own risk. SOLmate will not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the SOLmate Platform or with the Services.
8.6.All information provided on the SOLmate Platform and with the Services is the intellectual property of SOLmate and are subject to these Terms and Applicable Laws.
8.7.You agree to indemnify and hold SOLmate, its officers, directors and employees harmless from any losses (including attorneys' fees) that result from any third party claims related to a User's access, use or misuse of the product(s) and service(s), or any act or omission by a User in violation of this Agreement.
8.8.No information available on the SOLmate Platform or in the Services or provided by any employee, agent or affiliate of SOLmate, will constitute financial, investment, other professional or other general advice.
8.9.You are solely responsible for any decisions in relation to your use of the SOLmate Platform, and such decision should take into account your risk tolerance and financial circumstances. You should consult your legal, tax, investment and other professional advisors before using the Services.
8.10.You may be liable for payment of tax in relation to any transactions performed through the Services. It is your responsibility to obtain your own tax advice and you will be liable for the payment of any tax that you may be liable for in any jurisdiction resulting from your use of the SOLmate Platform and Services. SOLmate will not be liable for any taxes in relation to transactions through the Services.
8.11.International export controls, economic sanctions requirements or other regulatory approvals may apply or be required when you use the Services. It is your sole responsibility to ensure that you comply with any of these requirements and obtain the required approvals. You may not use the SOLmate Platform or Services if:
8.11.1.you are in or under the control of, or a resident of any country subject to United States embargo, UN sanctions, the HM Treasury financial sanctions regime;
8.11.2.you are on the list of the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime;
8.11.3.you intend to supply any acquired or stored value, or transact with people or businesses operating in any country that is subject to United States embargo or HM Treasury's financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime; or
8.11.4.you are a South African resident and intend to use the SOLmate Platform to transfer Local Currency to persons or entities that are not South African residents, if such transfers are done in contravention of South African Exchange Control Regulation 10(1)(c);
and SOLmate reserves the right to suspend or terminate your SOLmate Account immediately and/or to restrict or prohibit any or all of your transactions if you breach, or if SOLmate reasonably suspects that you are in breach of the above restrictions or any other Applicable Laws and SOLmate reserves the right to report any such suspect activities to the relevant regulatory authorities without warning or notice to you.
- 9. WHEN DO THESE TERMS APPLY?
9.1. These Terms apply when you use the SOLmate Platform or the Services and when you register for and open a SOLmate Account.
9.2. We reserve the right to refuse any request for our Services without notice or reason.
9.3. These Terms will also apply to any future services and interaction channels that may be made available by us unless stated otherwise.
- 10. OTHER APPLICABLE TERMS
- 11. CHANGES TO THESE TERMS
We may change or add to these Terms, change or cancel the Services or offer new Services to you from time to time, change or remove the Website from time to time, at our discretion. We will notify you of any material changes with a prominent notice on the Website and through the SOLmate Platform Chat service in your Account, each time that you access the SOLmate Platform or Account. You may only continue to use the Services, if you agree to the new or amended Terms applicable at the time.
- 12. DURATION OF THESE TERMS
Simply, these Terms (as amended) apply for as long as you use our Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Services.
- 13. USER RISKS
13.1. Your financial and investment situation and needs and your risk tolerance may result in you not being a suitable User of the Services to use SOLmate Platform and SOLmate Account.
13.2. You have taken note of these and any other relevant risks relating to the transactions available through the Service and accept and agree that you are solely responsible for any decision to register for and use the Services.
- 14. YOUR ACCOUNT AND INFORMATION
14.1. By accepting this agreement, you acknowledge that SOLmate may transfer your personal information to other countries outside South Africa. SOLmate servers are located in the cloud platform hosted by Amazon Inc in several datacenters worldwide and are owned by the SOLmate HQ company in the UK (SOL ECOSYSTEM LTD, company number 08198283). SOLmate will only transfer your personal information to SOL ECOSYSTEM LTD (UK) for the purpose of storing it and facilitating your transactions on SOLmate platform. The list of transmitted personal information include:
- name, surname, passport or ID details, date of birth, race, gender, nationality
- transactions history
- history of actions in the SOLmate platform
- documents uploaded for verification, FICA or other compliance purposes
- history of chat between the user and SOLmate support team
- emails sent to SOLmate support team
14.2. SOLmate has an active data processing agreement in place between SOLmate and SOL ECOSYSTEM (UK) which protects your personal data from being used for any purposes except providing the Services. SOLmate ECOSYSTEM (UK) is obliged to perform best possible efforts to protect the data during transmission, storage and processing - by technical means of access control and secured traffic encryption.
14.4. You may not provide any Personal Information of third parties to SOLmate and you agree to only provide your own Personal Information.
14.5. You are solely responsible to keep your Account access credentials safe. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we may assume that the person using the SOLmate Platform or Services is you.
14.6. You are not allowed to share your Account with other Users. Only you may use your Account to access the SOLmate Platform and Services and you may only use your Account and the Services for your own personal purposes. You are strictly prohibited from sub-licensing or commercially exploiting your Account or the Services.
14.7. It is in your interests to familiarise yourself with our security requirements, guidelines and procedures that we communicate from time to time and you should follow these carefully.
14.8. You must inform us immediately if there has been, or if you suspect, any breach of security confidentiality on your Account, and update your Account access credentials.
14.9. SOLmate will process all transactions in relation to your SOLmate Account on your or your purported instructions and will accept all instructions in relation to your SOLmate Account to be actual instructions from you.
14.10. You have an obligation to notify SOLmate immediately via email at email@example.com if you have received Local Currency in error, or if you suspect, or should reasonably have known or suspected that you have received it in error. You have no rights to such receipts and must act on SOLmate's instructions to return it.
14.11. SOLmate implements reasonable measures to protect the security of your SOLmate Account as set out on the Website. Please consider all messages received from an address that purports to be from SOLmate carefully. All messages from SOLmate will be available on your SOLmate Account if you log in to the Website or associated mobile applications and will also be available through the SOLmate Platform Chat service in your Account. You should not act on any messages from domains other than solmate.co.za
14.12. You remain solely responsible to ensure that no third party accesses your SOLmate Account by securing your log on and sign in details, your password, personal identification number or any other information relating to your SOLmate Account and using any available security measures. You are also responsible for the security of your email account and phone number and two-factor authentication applications or devices relating to your SOLmate Account.
14.13. If you don't keep your SOLmate Account secure, unauthorised access to your SOLmate Account may result in Local Currency in your SOLmate Account being lost. SOLmate is not responsible or liable for any unauthorised access to your SOLmate Account, unless as a result of SOLmate's actions or omissions.
14.14. Attacks on your computer or equipment may compromise the security of your SOLmate Account. These typically include phishing, spoofing, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. It is your responsibility to do regular virus screening and run the necessary software to protect your computer and equipment.
14.15.To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your SOLmate Account and accept all risks of any unauthorised or authorised access to your SOLmate Account.
- 15. KYC PROCESSES
15.1. Whether required by applicable laws or not, SOLmate implements voluntary processes commonly referred to as Know Your Customer for purposes of combatting fraud and prevention of money laundering and terrorist financing activities.
15.2. These KYC processes include that you will be required to provide us with certain specified Personal Information and supporting documentation as we determine in our sole discretion and depending on various factors, such as your jurisdiction, the nature of the Services provided to you and the limits that apply to the transactions you perform through your Account on the SOLmate Platform. You may not be able to use your Account until these or any further KYC processes that SOLmate may require during the term of the relationship between us, have been completed.
15.3. Where SOLmate requires KYC processes to be completed, you will not be able to complete a transaction until SOLmate is satisfied that you have complied with their KYC requirements.
15.4. SOLmate will retain all KYC information for a reasonable period of time, considering internal business requirements and requirements in terms of applicable laws.
- 16. CANCELLATION AND SUSPENSION
16.1. At any time, and without cause, we may cancel or suspend your Account or access to the Website and/or use of the Services in our sole discretion, without any liability if you are in breach of these Terms.
16.2. In addition, SOLmate may cancel your Account, terminate these Terms and suspend SOLmate's obligations if:
16.2.1. we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms;
16.2.2. you have used the Website to breach the intellectual property rights of any third party;
16.2.3. you have not used your Account or the Services for a period that we regard you to become an inactive User; or
16.2.4. you have suspended any payments due by you in terms of these Terms to us.
16.3. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
16.4. Upon termination of these Terms:
16.4.1. you must make all reasonable efforts to delete all parts of the Services held by you in any format whatsoever;
16.4.2. you must immediately cease all use of the Services;
16.4.3. we may delete your SOLmate Account and you will no longer be able to access any portion of the Website or Services that requires a SOLmate Account; and
- 17. CLOSING YOUR SOLMATE ACCOUNT
17.1. If you want to close your SOLmate Account and stop using the Services, you must send a request to SOLmate Platform Chat. SOLmate will close your SOLmate Account after any Local Currency in your SOLmate Account reaches the Minimum Closure Amount as referred to in clause 17.3 below and provided you did not transact through your SOLmate Account for at least the previous 3 (three) calendar days. These requirements are intended to protect you against loss.
17.2. You will not have access to the SOLmate Platform after your SOLmate Account has been closed.
17.3. If there is any Local Currency left in your SOLmate Account at the time of closing the Account and it exceeds the Minimum Closure Amount, SOLmate will retain the funds as a closing fee.
- 18. PROMOTIONAL CODES
18.1. We may, at our discretion, make promotional codes available to you, providing a discounted fee.
18.2. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.
- 19. CHANGES TO THE SERVICES
19.1. SOLmate shall inform Users of any material changes to the Services by manner of prominent notice on the Website and in the SOLmate Account. Continued use of the Services after this notice has been displayed shall be deemed as your acceptance of the changes.
- 20. ACCEPTABLE USE POLICY
20.1. Users may specifically not use the Services for the direct benefit of their own clients. The Services are made available for the personal, non-commercial use of the User only.
20.2. Some devices may not support the use of our Website or Services. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Services, including internet access capabilities.
20.3. The use of our Services may be restricted to certain jurisdictions. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your jurisdiction.
20.4. You must respect our Services and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, but these will likely be good grounds:
20.4.1. copying or distributing any of the content on our Website without our explicit consent to do so;
20.4.2. providing any untrue or incorrect information to us;
20.4.3. changing, modifying, copying, decompiling, circumventing, disabling, tampering with any part of our Website, including the security features or reverse engineering our Website;
20.4.4. infecting our Website with any software, malware or code that may infect, damage, delay or impede the operation of our Website or which may intercept, alter or interfere with any data generated by or received through our Website;
20.4.5. using malicious search technology, including, but not limited to, spiders and crawlers;
20.4.6. deep linking to any pages of our Website or engaging in any other conduct in a way to suggest that you are the owner of any intellectual property in our Services;
20.4.7. allowing any third party to use your Account in any manner other than as permitted by these Terms; or
20.4.8. using our Website 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.
- 21. ELECTRONIC MESSAGES AND COMMUNICATION
21.1. You consent and agree that we will use electronic notices on the Website and through the SOLmate Platform as our communication tool for all communications relating to our Services or these Terms. If you object to receivinge electronic communications in this manner, SOLmate will not be able to offer the Services to you and will cancel your SOLmate Account.
21.2. It is your responsibility to ensure that you have and keep updated the necessary hardware, software, connectivity and where applicable a valid email address to receive and retain all electronic communications. You can update your contact details through your Account by using the Settings page on the Website.
21.3.Please note that by accepting these Terms and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws. This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.
- 22. SOCIAL MEDIA INTEGRATION
22.1. The Website may allow you to create an account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram.
22.2. If you proceed to use our Services in such context, then the relevant social media websites' rules will also apply, and you agree to such integration.
- 23. THIRD PARTY SITES
23.1. We may provide certain hyperlinks to Authorised Third Party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any Authorised Third Party on our Website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
23.2.SOLmate is not responsible or liable for any rights you may have against the Authorised Third-Party for the delivery and quality of the goods and services purchased or the use of their platforms.
23.3.If you access and use any Authorised Third-Party websites, apps, products, services, and/or business, you do that solely at your own risk.
- 24. INTELLECTUAL PROPERTY RIGHTS
24.1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)' property and will remain our or the owner's property at all times.
24.2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services.
- 25. WARRANTIES AND REPRESENTATIONS
Subject to Applicable Laws:
25.1. we give no guarantee of any kind concerning the content or quality of our Services and our Services are not to be considered as advice of any kind;
25.2. we do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose; and
25.3. we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Services and/or the information, images or audio contained on the Website. Our Services are used at your own risk.
25.4. you warrant to and in favour of us that:
25.4.1. you are a South African resident or citizen;
25.4.2. you are not a United States of America resident or citizen;
25.4.3. you are at least 18 years old and have the legal capacity to agree to and be bound by these Terms; and/or
25.4.4. you will only open one SOLmate Account and only in your own name and at all times only access or attempt to access your own Account;
25.4.5. you will only use your SOLmate Account if you have the required Local Currency available for the intended transaction;
25.4.6. you will not carry out transactions on behalf of a third party;
25.4.7. you will not use your SOLmate Account for any illegal activities or in breach of any Applicable Laws; and
25.4.8. these Terms constitute a contract valid and binding on you and enforceable against you.
25.5. Each of the warranties given by you will:
25.5.1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
25.5.2. continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and
25.5.3. be deemed to be material.
- 26. LIMITED LIABILITIES
26.1. To be clear:
26.1.1. we will not be liable for any loss arising from your use of the Services or any reliance on the information presented on the Website or in the Services or provided by SOLmate as part of the Services;
26.1.2. we will not be liable to you for any loss caused by using our Services or your liability to any third party arising from those Services. This includes but is not limited to:
220.127.116.11. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;
18.104.22.168. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and
22.214.171.124. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website, or third-party systems or programming defects;
26.1.3. we will not be liable if any material available for downloading from the Website is not free from infection, viruses and/or other code that has contaminating or destructive properties;
26.1.4. the Website may include inaccuracies or typo's - in such instances we can't be held liable and can't be forced to comply with offers that are genuinely (and/or negligently) erroneous;
26.1.5. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
26.1.6. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
26.2. If an applicable jurisdiction does not allow an exclusion of liability on SOLmate, and if any matter results in a valid claim against SOLmate, SOL's liability will be limited to the Fees paid by the User in respect of the Services supplied under these Terms.
- 27. INDEMNITY
You indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from negligence, intent, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives or any other action or omission of any nature.
- 28. FORCE MAJEURE
Except for the obligation to pay the Fees, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our 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).
- 29. REGULATORY RISK
29.1 There exists a material risk that regulatory authorities, tribunals and/or courts having jurisdiction over SOLmate and its Users in terms of Applicable Laws may differ in their interpretation of the Applicable Laws, may promulgate laws, regulations, advisory notes or industry recommendations in future that may potentially have an adverse effect on SOLmate and its ability to administrate the SOLmate Platform as intended and you are advised to note that SOLmate reserves the right to unilaterally alter the terms and conditions to comply with the relevant Applicable Laws as amended and as required from time to time. SOLmate may further make any reasonable changes to its process or take any reasonable steps necessary (which may include suspension of access to the SOLmate Platform to Users) to adhere to Applicable Laws and rulings, orders, notices or other recommendations from regulatory authorities and shall accordingly inform all participants in writing of such changes or steps taken.
- 30. GENERAL
30.1. Dispute: If any dispute arises in relation to the Services, the SOLmate Platform, your SOLmate Account or these Terms, you will notify SOLmate of the dispute and the parties will use their best efforts to resolve the dispute and attempt informal resolution of without instituting legal action in any court or other similar forum.
30.2. Suspension of the Website: we may temporarily suspend the Website or SOLmate Platform for any reason, including repairs or upgrades to the Website or other systems. SOLmate will take reasonable efforts to notify Users of such suspensions in advance.
30.3. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.
30.4. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
30.5. Law and jurisdiction: these Terms and all obligations connected to them or arising from them shall be governed and interpreted in terms of the laws of the South Africa. Each party submits to the jurisdiction of the courts in the South Africa.
30.6. Good faith: the parties shall in their dealings with each other display good faith.
30.7. Breach: subject to any other provisions in these Terms allowing for immediate cancellation or suspension of your SOLmate Account, if either party to these Terms breaches any material provision or term of these Terms and fails to remedy such breach within 5 (five) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
30.8. No waiver: the failure of SOLmate to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of SOL's right to enforce any such provision or right in any other instance.
30.9. No assignment: the User will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of SOLmate.
30.10. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
30.11. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
30.12. Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
30.13. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.
30.14.1. SOLmate selects firstname.lastname@example.org as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.
30.14.2. You hereby select the SOLmate Platform Chat service in your SOLmate Account for service of all formal notices and legal processes in connection with these Terms. It is your responsibility to provide us with an email address for notice if your SOLmate Account is closed.
30.14.3. Service via email or electronic platforms shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.