Eyezizwe Terms & conditions

Hello and welcome to Eyezizwe. Please, read our Terms and Conditions of Use ("Terms") and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. We hope you're sitting comfortably and listening to some great music.

Here we go…

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Introduction

These are the Terms and Conditions for the Eyezizwe Cooperative Financial Institutions (Eyezizwe). (Eyezizwe is a financial club (stockfella) whose operations address is 16 Baker St, Rosebank, Johannesburg, 2196.

By using our Services, you are agreeing to these terms. Please read them carefully.


Detailed Description of Services

Eyezizwe Co-operative Financial Institution (CFI) is a member based deposit taking financial co-operatives, owned and controlled by its members who have a common membership in Eyezizwe as a Savings and Credit Co-operative (SACCO) organisation. It is an autonomous voluntary association of members with a common goal of meeting their economic and financial needs and aspirations.

Eyezizwe Cooperative Financial Institution also offers information and activity management service that allows you to register for membership, manage your actual contribution of funds, consolidate, and monitor your activities, financials and other related Eyezizwe matters. Your contribution funds are linked to a financial product and/or service provider of Eyezizwe group’s choice. These groups’ choices are of financial products such as call account, fixed interest account and/or collective investment scheme provided by fund manager(s) or registered financial institution provider(s) (“product suppliers”) to save and/or invest into. When you join Eyezizwe you are instructing us to deposit your funds into these selected financial product.

Members must be 18 years or older. If you are a minor child under the age of 18 years you may only enter into this Agreement and register with the prior written consent of one or more of your parents or legal guardians. Eyezizwe does not give financial advice and does not employ financial advisers. If you require financial advice, it is your responsibility to appoint a financial adviser.


Acceptance

Joining Eyezizwe as a member and accessing the website signifies that you have read the Terms and Conditions (“Terms) and understanding them and agree to be bound by the Terms. Eyezizwe reserves the right to update, amend and/or replace any or the whole of the Terms and these changes shall be effective immediately and replace any previous Terms. You shall be deemed to have consented to these amendments as soon as you log in the website. You are responsible for reviewing these Terms from time to time so that you are aware of the amendments.

Any registration information that you provide to us must be accurate, current, relevant and complete. You must also update your information so that we may send notices, statement and other information to you by email or text. You must ensure that you keep your user IDs and passwords strictly confidential and secure and you do not share these details with any other person. You authorise Eyezizwe to verify your Identification, Physical Address and/or Banking details against any third-party data details against any third-party database.

You are responsible for any and all actions using your passwords, and you agree to immediately notify us of any unauthorized use as soon as you become aware of or suspect that any unauthorized person has gained access to your account details, or if your account details have been lost, stolen or misused, or if there has been any other breach of security. You will change your password details immediately when you become aware of or suspect any one of the circumstances set out above. You shall remain solely responsible for managing and checking your monthly contributions. You acknowledge that you are not entitled to withhold any payment of any fees due to Eyezizwe by reason of any alleged breach of this agreement for any other reason.


Foreign Restrictions

Eyezizwe platform is made available to users in South Africa even if they access this website from locations outside of South Africa.


Return and Refund Policy

You may cancel your membership for a full refund at anytime minus your membership joining fees and accrued interests on your contributions. You are responsible for ensuring the payment details you provide are accurate. Please note that refunds may be processed within a period of 30 days after receiving your cancellation notice in writing.


Member Privacy Policy

Eyezizwe shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the promotion of access to information Act 2. of 2000 (PAIA). We may monitor this website and or our app to make sure it is operating properly. However, we do not, as a general practice, monitor your activities on this website. Where we are required to intercept communications under the Regulation of Interception and Provision of Communication-Related Act 70 of 2003 (RICA), any interception of communications will be strictly carried out in accordance with the requirements of RICA. You agree you will not have recourse against us if we act in terms of this clause and you waive your right to make any claim or demand or institute any legal proceedings against Eyezizwe from the interception or monitoring of this website and/or our app in accordance with our legal right and obligations.


Payment Option Accepted

Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Eyezizwe bank account, the details of which will be provided on request, you can pay through the payment gateway on the website. Cash deposits will be charged bank fees.


Warranties

Eyezizwe makes no warranties, representations, statements or guarantees as to the accuracy, appropriateness, correctness, completeness or reliability of the website and data and/or content on the website. Eyezizwe does not warrant that the information or downloads shall be error-free or that they shall meet any particular criteria of performance and quality. Eyezizwe expressly disclaims all implied warranties and takes reasonable measures to ensure the integrity of the website and its contents and no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

The user agrees that Eyezizwe shall not be liable for any losses or damages that may arise from the user’s reliance on the website, howsoever these may arise. Eyezizwe does not make any representation or give any guarantee that you will realise any returns, profits, or other financial benefits from your use of any financial products or services accessible from the Eyezizwe platforms. In particular, Eyezizwe is not responsible for any losses that may be suffered due to errors made by vendors, service providers, the investment or market risk of the underlying investment; changes in tax or other legislation; delays in the processing or the rejection of an application for any financial product/service made via the Eyezizwe platform for any reason whatsoever; any financial adviser acting on your or groups’ behalf beyond the scope of their mandate either via telephone, email, fax or website; or acting on any incorrect information provided to you in any format.


Intellectual Property

Eyezizwe owns all intellectual property rights in all materials, text, drawings, design, programs and data made available on the Service. Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of this material is an infringement of our rights. Eyezizwe owns the Eyezizwe trademarks, names, logos and service marks displayed on the website whether registered or unregistered. You may only use the Eyezizwe trademark with Eyezizwe’s written permission. Copyright laws protect all Eyezizwe’s trademarks. All rights not expressly granted are reserved and no right, title or interest in any material or information contained in this website is granted to you. Except with Eyezizwe’s express written permission, no material from this Software may be copied or retransmitted. The copyright in all material contained on, in, or available through the Software including, the selection and arrangement thereof, and all source code software compilations and other material, except that which is created and owned by you, is owned by or licensed to Eyezizwe.


Third Party Websites Applications And Third Party Content Usage

Eyezizwe may provide links to third party websites and apps on its platforms. These links are provided to the user for convenience purposes only and Eyezizwe does not endorse, nor does the inclusion of any link imply Eyezizwe’s endorsement of, such websites and/or apps, their owners, licensees or administrators or such websites’ content or security practices and operations. Eyezizwe tries to provide links only to reputable websites, it cannot accept responsibility or liability for the information provided on other websites and/or applications. Linked websites, applications or pages are not under, nor subject to, the control of Eyezizwe.


Restrictions

You agree to not create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication transmitted through the website. Disseminate or transmit any message that does not pertain to the intended use of the website or that contain anything that is obscene, defamatory, harassing, offensive or malicious not pertain to the intended use of the website or that contain anything that is obscene, defamatory, harassing, offensive or malicious. Use the website in any unlawful manner or in any manner, which promotes and/or encourages illegal activity including (without limitation) copyright infringement. Attempt to gain unauthorized access to the website or any networks, servers or computer systems connected to the website, copy, reproduce, translate, modify, rent, lease, lend, license, sublicense, distribute, transmit, share or create derivative works, adapt, encumber, decompile, reverse engineer or in in any other way deal with any part of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms, write and/or develop any derivative of the website or any other software program based on the website. Modify or enhance the website. If you effect any modifications or enhancements to the website you are breach of this clause, such modifications or enhancements shall be the property of Eyezizwe. Without Eyezizwe’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the website by persons other than you. Remove any identification, trademark, copyright or other notices from the website.


Security

In order to ensure the security and reliable operation of the service to all users of the website, Eyezizwe hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications. You may not utilise the website in any manner which may compromise the security of Eyezizwe’s networks or tamper with the Eyezizwe in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website.

You may not utilise the website in any manner which may compromise the security of Eyezizwe’s networks or tamper with the website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website.

You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the service.


Risk, Limitation of Liability and Indemnity

Your use of this website and the information contained on the website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use there of the transmission of information via the internet, including without limitation e-mail and other digital messages, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Eyezizwe be liable for any loss, harm, or damage suffered by you as a result thereof.

By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or service offered by Eyezizwe. You shall notify Eyezizwe should you discover any loss or unauthorized disclosure of the information. Eyezizwe shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked software, even if Eyezizwe knows or should reasonably have known or is expressly advised thereof.

  • You hereby unconditionally and irrevocably indemnify Eyezizwe and agree to hold Eyezizwe free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Eyezizwe or instituted against Eyezizwe as a direct or indirect result of your use of the website; software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
  • Your failure to comply with any of the terms or any other requirements, which Eyezizwe may impose from time to time;
  • The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or any unavailability of, or interruption in, the service, which is beyond the control of Eyezizwe. Eyezizwe makes no warranty or representation as to the availability, accuracy or completeness of the content of the website.
  • You expressly waive and renounce all your rights of whatever nature you may have against Eyezizwe for any loss suffered by you, as a result of information supplied by Eyezizwe that is incorrect, incomplete or inaccurate.

Confidentiality

Any information or material sent to Eyezizwe will be deemed not to be confidential, unless otherwise agreed in writing by the user and Eyezizwe.


Breach and Cancellation & Termination

Eyezizwe may terminate or suspend your subscription and/or access to the Service at any time without prior notice; Having given the user of the service 10 business days’ notice in writing to remedy a material breach Eyezizwe is 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, limit or deny such user use of the website and Service, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Eyezizwe’s right to claim damages, should any user:

Breach any of these Terms:

  • In the sole discretion of Eyezizwe, use the website in an unauthorized manner; or infringe any statute, regulation, ordinance or law.
  • Breach of these Terms and failure to remedy such breach, entitles Eyezizwe to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Eyezizwe.

On termination all provisions of the Terms, which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability will survive termination. We will close your account and deactivate your login details. We will remove from our records all your information in our possession other than information and data, which we are obliged by law to retain.


Whole Agreement

Nothing in this Agreement is intended to create a partnership, a joint venture or any relationship of agency, representation, or employment between us. These terms and conditions constitutes the entire and only agreement between us and supersedes all previous negotiations, communications and other agreements, whether written or oral, unless they are incorporated by reference into this Agreement. No other terms, representations, warranties, statements or conditions will be binding on us other than those contained in this Agreement.


Applicable Law

You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this website. 
These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. If any provision of these Terms is held to be invalid or unenforceable by a court of the Republic of South Africa, the remaining provisions of these Terms will remain in effect.


Country of Domicile

This website is governed by the laws of South Africa and Eyezizwe chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Business physical address: 16 Baker St, Rosebank, Johannesburg, 2196.


Jurisdiction

The laws of the Republic of South Africa shall govern these Terms and Conditions, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Eyezizwe and the user with regard to the use of the content and this website and platform. You consent to the exclusive jurisdiction of the courts of the Republic of South Africa over any dispute with Eyezizwe as to the Eyezizwe, its services or these Terms.


Variation

Eyezizwe may, in its sole discretion, change this agreement or any part thereof at any time without notice.


Cooperative Information

This website and platform is run by Eyezizwe Cooperative financial Institution based in South Africa trading as Eyezizwe.