Terms & Conditions

1. Definitions

In these Terms and Conditions (“Terms”), unless the context otherwise permits:

“Owners”, “we”, “us”, or “our” means Marco Knoop and Jobrie du Preez.

“App” means the Client Compass software application and all associated services, features, updates, content, communications and document storage facilities.

“Client” means any individual invited, registered or onboarded by a Financial Adviser through the App.

“Financial Adviser” means a person authorised to provide financial advice or related services in accordance with the laws and regulations applicable under South African law.

“Personal Information” means personal information as defined in POPIA and includes information relating to an identifiable natural person and, where applicable, an identifiable juristic person.

“User”, “you” means any person who accesses or uses the App, including Financial Advisers and Clients.

“Content” means any information, text, data, goals, recommendations, communications, documents or material uploaded, submitted, generated or displayed through the App.

“POPIA” means the Protection of Personal Information Act 4 of 2013, as amended from time to time.

“Privacy Policy” means the privacy policy applicable to the App and published by the Owners from time to time.

“Processing” shall have the meaning assigned to it under POPIA and includes collection, receipt, recording, organization, storage, updating, retrieval, dissemination, distribution, deletion and destruction of Personal Information.

“Responsible Party” has the meaning assigned under POPIA.

“Operator” has the meaning assigned under POPIA.

“Services” means the functionality, tools, communications, document storage, goal tracking and related services made available through the App.

“Account” means a registered user profile created to access and use the App.

2. Introduction and Acceptance

By creating an account, clicking an acceptance button, or using the App, the User agrees to these Terms and the Privacy Policy.

These Terms constitute a legally binding electronic agreement in terms of applicable South African law, including ECTA.

3. Purpose of the App

The App is a technology platform designed to support licensed financial advisers and their clients by facilitating goal setting, progress tracking, secure communication, document management, and the ongoing monitoring of financial objectives and advisory engagements.

4. Platform Status

The App is a software platform only and is not a financial services provider, financial institution, investment manager, insurer, broker, or representative as contemplated under applicable financial services legislation. The App merely facilitates interactions between Financial Advisers and their Clients.

5. Eligibility

Only authorized Financial Advisers and their invited Clients may use the App. Users warrant that information supplied is accurate and current.

6. User Accounts

Users are responsible for safeguarding and maintaining the confidentiality of their login credentials, for all activities conducted through their accounts, and for promptly notifying the Owners of any unauthorized access to or use of their accounts.

The Owners reserve the right to suspend or terminate any account suspected of misuse, fraud, unlawful activity, or breach of these Terms.

7. Licence and Intellectual Property

The Owners grant Users a limited, non-exclusive, non-transferable and revocable licence to access and use the App/services (including software in connection with the services) in accordance with these Terms. This licence does not transfer any ownership rights in the App or any associated intellectual property.

Users may not copy, reproduce, distribute, modify, adapt, or create derivative works from the App; reverse engineer, decompile, disassemble, or otherwise attempt to access the App's source code; use the App to develop, market, or support any competing product or service; or permit any unauthorised third party to access or use their account.

The Owners reserve the right to suspend or revoke this licence immediately upon any breach of these Terms.

All intellectual property rights remain vested in the Owners.

8. Financial Adviser Obligations

Financial Advisers remain solely responsible for:

• Advice provided to Clients, including client goals, providing recommendations, monitoring progress;
• Compliance with FAIS and applicable legislation;
• Accuracy of information uploaded;
• Obtaining all necessary consents from Clients;
• Maintaining professional registrations and licenses.

9. Financial Adviser Compliance

Each financial adviser using the App warrants that they are duly authorised and legally entitled to provide financial advice and related services in the jurisdiction in which they operate.

The Owners do not review, verify, endorse, supervise, monitor or approve any advice, recommendation, financial plan, investment strategy, target, projection, communication or content generated, uploaded or provided by a Financial Adviser.

Financial Advisers remain solely responsible for all professional services rendered to Clients and for compliance with FAIS, POPIA and all other applicable legislation.

The Owners shall not be liable for any loss, damage, claim, or dispute arising from advice or recommendations provided by a financial adviser to a client through the App.

10. No Financial Advice

The App is a technology platform only and does not provide financial, legal, tax or investment advice.

Any goals, targets, recommendations, guidance, or financial objectives displayed within the App are generated, selected, entered, approved, or managed by the relevant financial adviser.

The Owners do not provide financial advice and accept no responsibility for any investment, savings, budgeting, financial planning, or related decisions made by users.

Users should consult their financial adviser regarding all financial decisions.

11. Independent Advisor Relationship

The App does not create an employment, partnership, agency, joint venture, representative or supervisory relationship between the Owners and any Financial Adviser.

Financial Advisers operate independently and remain solely responsible for the advice and services they provide.

12. User Conduct

Users agree to use the App in accordance with these Terms and applicable laws and regulations. Users will not violate any applicable law, contract, intellectual property or other third-party right, and are solely responsible for their conduct while accessing or using the App.

Users agree to: use the App lawfully and responsibly; provide accurate information; not interfere with the operation of the App; not attempt to gain unauthorised access to the App or its systems; not upload malicious software, viruses, or harmful content; and not use the App for any unlawful or fraudulent purpose.

• Use the App for any unlawful purpose;
• Impersonate another person or entity;
• Share login credentials with unauthorised persons;
• Upload malicious software, viruses, worms or harmful code;
• Attempt to bypass security measures;
• Interfere with the operation of the App;
• Scrape, harvest or extract data from the App without permission;
• Use the App in a manner that could damage the reputation of the Owners or other Users;
• Submit false, misleading or fraudulent information;
• Use the App to provide unauthorised financial services.

13. Messaging and Documents

The App may permit communication and document exchange between Users. Users warrant they have the authority to upload all documents submitted. Communications may be stored for operational, security and compliance purposes.

14. User Content Licence

Users retain ownership of their Content.

By uploading Content to the App, Users grant the Owners a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit and display such Content solely for the purpose of operating, maintaining and improving the App.

15. Data Processing and POPIA

Financial Advisers remain the Responsible Parties in respect of Personal Information uploaded or captured relating to their Clients.

The Owners process such Personal Information solely for the purpose of providing and maintaining the App and may act as an Operator where applicable under POPIA.

Financial Advisers warrant that they have obtained all consents, authorisations and lawful grounds required for the collection and processing of Client Personal Information through the App.

Users are responsible for ensuring that information entered into the App is accurate and lawful. Personal Information may be processed for account administration; goal tracking; adviser-client communication; security and fraud prevention; legal and regulatory compliance; and service improvement.

The Owners shall implement reasonable technical and organisational safeguards.

16. Security Incidents

In the event of a security compromise affecting Personal Information, the Owners shall take reasonable steps to investigate, contain and mitigate the incident and shall comply with any notification obligations imposed by POPIA.

17. Cross-Border Transfer

Personal Information may be stored or processed in jurisdictions outside South Africa. Where cross-border transfers occur, the Owners shall take reasonable steps to ensure compliance with POPIA.

18. Data Retention

Personal Information shall be retained only for as long as reasonably necessary to fulfil the purposes for which it was collected, comply with legal obligations, resolve disputes and enforce these Terms.

19. Privacy Rights

Users may request access, correction, deletion, objection and other rights available under POPIA, subject to applicable legal limitations.

20. Availability

The Owners will use reasonable efforts to maintain the availability and functionality of the App.

However, the App is provided on an “as available” basis and uninterrupted access is not guaranteed.

The Owners may suspend access to the App for maintenance, updates, security purposes, technical reasons, or operational requirements.

21. Consumer Notice

Nothing in these Terms limits or excludes any rights that may not lawfully be excluded under applicable South African consumer protection legislation.

22. Disclaimer of Warranties

To the fullest extent permitted by law, the App is provided on an “as is” and “as available” basis.

The Owners make no warranties, representations or guarantees that the App will be uninterrupted or error-free; that the App will always be secure; that the App will meet every User's expectations or requirements; or that any goals or objectives tracked through the App will be achieved.

Users acknowledge that use of the App is entirely at their own risk.

23. Limitation of Liability

To the fullest extent permitted by law, the Owners shall not be liable for indirect, consequential, incidental or special damages arising from use of the App, including data loss, business interruption or reliance on adviser recommendations.

The Owners shall not be liable for losses resulting from reliance on advice provided by financial advisers; failure to achieve financial goals or targets; technical interruptions or outages; system errors; data loss; cybersecurity incidents beyond the Owners' reasonable control; or unauthorised access to user accounts.

Users use the App at their own risk.

24. Indemnity

Users agree to indemnify, defend, and hold harmless the Owners, employees, contractors, agents, service providers and affiliates from and against any claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal costs) arising from or related to their use or misuse of the App, any breach of these Terms, any unlawful or improper conduct, any advice or recommendations provided by financial advisers through or in connection with the App, disputes between advisers and clients, or any infringement of the rights of third parties.

25. Termination

If you breach any provision of these Terms, the Owners reserve the right, in their sole discretion and without prior notice, to suspend or terminate your access to and use of the App. The Owners may also suspend or terminate access where reasonably necessary due to suspected fraud, unlawful conduct, security concerns, or operational requirements.

The Owners shall not be liable for any loss, damage, harm, or inconvenience arising from or related to such suspension, termination, or inability to access or use the App.

Upon termination, all rights granted to the user under these Terms shall immediately cease.

26. User Cancellation of Account

Users may terminate their account at any time by contacting the Owners or by using any account deletion functionality made available within the App.

Termination of an account does not relieve a User of obligations accrued prior to termination.

27. Electronic Communications

By using the App, Users consent to receiving communications electronically, including notices, updates, alerts, account information and amendments to these Terms.

28. Electronic Records

Electronic records maintained by the Owners constitute prima facie evidence of communications, transactions and consents.

29. Privacy

Where personal information is collected or processed through the App, such information shall be handled in accordance with the Owners' Privacy Policy, as amended from time to time.

Users acknowledge and consent to Personal Information, communications, goals, progress data and documents being shared between the relevant Financial Adviser and the Client linked to that adviser relationship where necessary for the operation of the App.

30. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between the parties.

31. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severed from these Terms and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

32. Amendments to Terms

The Owners may amend these Terms from time to time. Continued use constitutes acceptance of amended Terms.

33. Amendments to the App

The Owners reserve the right to modify, improve, suspend, restrict, or discontinue any feature of the App at any time without prior notice.

34. Governing Law

These Terms are governed by the laws of South Africa and disputes are subject to South African courts.

35. Contact Details

Questions regarding these Terms may be directed to:

Owner 1: Marco Knoop

Owner 2: [INSERT]

Physical Address: [INSERT]

Email: [INSERT]

Telephone: [INSERT]