Your voluntary use of the DuePoint website (“the website”) and its various services are subject to certain Terms and Conditions which are detailed hereunder. By accessing and using the website you acknowledge and agree to be bound by the Terms and Conditions set out herein.
The website is not intended for the use by any persons under the age of 18 and by entering the website you thereby declare that you are over the age of 18.
DuePoint may make amendments / changes to the website, the products (and their associated terms and conditions), the various services, the information described and to these Terms and Conditions, at any time without notice.
Should there be any difference or discrepancy between the information on the website and the information contained in DuePoint’s Wealth Engineer’s Code of Conduct or product and service documentation , the latter shall be applied and take precedence.
Any changes shall take immediate effect upon posting to the website. By accessing the website, the user is bound by the version of the Terms and Conditions published at the time of the visit and DuePoint makes no commitments to update the website and may discontinue any part thereof at its own discretion.
Information contained within this website portal does not constitute financial advice. Please seek independent advice before considering acquiring any type of financial services product.
REQUESTS FOR FURTHER INFORMATION, QUOTATIONS OR PRODUCT PRICES
Submitting a request via this website may result in a telephone call from one of our consultants. Kindly treat our consultants who will place the call to you with respect. They are completely committed to providing you with a friendly and quality service.
In accordance with the Consumer Protection Act, No. 68 of 2008, we advise our visitors about “The DMA Don’t Contact Me Database”. To add your details to this database – SMS “DMA”, followed by your ID number (this is essential), to 31484. Standard SMS rates apply. Registering on this database will prohibit members of the DMA (Direct Marketing Association of South Africa) from contacting you. Standard SMS rates apply.
INDEMNITY BY USER
DuePoint shall endeavour, as far as is practicable, to maintain the availability and accessibility of the website. However, DuePoint takes no responsibility for and will not be liable for the website being temporarily unavailable or inaccessible for any reason.
You agree to defend, indemnify and hold DuePoint, its officers, directors, members, employees, agents, licensors and suppliers harmless from and against the following which includes (but is not limited to) any claims, damages, actions, losses or liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees resulting from inter alia
(i)the access to, the use of, or browsing of the website
(ii) downloading of any materials, data, text, images, video or audio from this Website, and/or
(iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
The website has not been constructed, compiled or supplied to suit the needs of any particular user or user group. The user is under an obligation prior to making use of any of the website’s services or information, to satisfy him or herself that it meets their particular needs, requests or requirements.
The website is provided to the public as a whole and the information contained therein is provided without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose and/or freedom from errors and inaccuracies.
DuePoint will make all reasonable efforts to ensure that all material and information on this site is accurate and up to date but cannot guarantee the correctness or completeness thereof.
All information and materials contained in this website are provided to you “as is”. The website and all its information and services should not be treated as professional, financial or investment advice of any kind.
NATURE OF WEBSITE CONTENTS
Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects. Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as DuePoint will not be liable for any inaccuracy in the calculation. Subscribing to any service or buying any product through the website is subject to DuePoint’s contractual terms and conditions, and applicable legislation.
Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that DuePoint provides a link to a third party website does not necessarily mean that DuePoint endorses, authorises, or sponsors that website, or that DuePoint is affiliated to such website’s owners or sponsors. If any third party website, which is not under the direct control of DuePoint, can be accessed from a link displayed on the DuePoint website, DuePoint shall not be responsible or liable for any content displayed on the third-party website. The content or information displayed on a DuePoint website or any third party website which may be accessed through links provided on the DuePoint website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the DuePoint website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.
INVITATION TO DO BUSINESS
Unless indicated in writing by DuePoint, nothing on the DuePoint website shall constitute an offer for sale of any service or product. The information provided on the DuePoint website is not, nor must you regard it as financial or investment advice. If you wish to use the information displayed on the website to purchase any service or product or procure financial or investment advice from DuePoint, your request to do so shall be regarded by DuePoint as an offer to do business with DuePoint, which may be accepted by DuePoint if it chooses. The acceptance of your offer will be subject to terms and conditions governing the service, product, or advice at the time of the acceptance of the offer. The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified DuePoint (held DuePoint harmless and agree to reimburse DuePoint) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.
USER ID AND PASSWORD
If you subscribe to a service or product provided on the DuePoint website you may be required to choose a user id (an identifying name) and a password. You are entirely responsible for –
- Maintaining the confidentiality of your password (you must not give the password to anyone else).
- All activities that occur in your account (using your user id and, if required, your password), either with or without your knowledge.
- Notifying DuePoint immediately of any unauthorised use (use that you did not consent to) of your user id and/or password or any other breach of security that you know of.
- For losses suffered by DuePoint or a third party due to someone other than you using your user id and/or password.
The content of an email – which may include one or more attachments – is strictly confidential, and is intended solely for the use of the named recipient(s). If you’ve receive an email in error, you’re not permitted to disclose, distribute or retain it – you’re requested to notify the sender immediately by return email and then delete it. Email isn’t necessarily secure or error-free; information could arrive late or contain viruses, or be incomplete, intercepted, corrupted, lost, or destroyed. It’s the responsibility of the named recipient(s) to ensure that emails are virus-free. DuePoint does not accept any liability for damage caused by any virus or other malware transmitted by this email. No employee, contractor, or intermediary is authorised to conclude an agreement on behalf of any member of the DuePoint group by email, without express written confirmation by a duly authorised representative of that member. The use or content of email is intended for DuePoint’s business. If it’s used for any other purpose, the views expressed are those of the sender and no liability will attach to any member of DuePoint. DuePoint reserves the right to monitor, access, intercept or block emails addressed to DuePoint addressees, in accordance with our email policy, as it applies from time to time.
Notwithstanding the Electronic Communications and Transactions Act, 2002 (“ECTA”), emails do not constitute a binding agreement, unless the terms thereof has been recorded in a duly executed document, signed by the parties. For the purposes of this disclaimer, notwithstanding the ECTA, “signed” shall mean a signature executed by hand on paper containing the document, or typing your name or selecting the applicable button or check box in the space provided on DuePoint online application form containing the document, or an advanced electronic signature, as defined in the ECTA, applied to the document by the signatories.
DuePoint will in no event be responsible for any direct, indirect, special or consequential loss or expense that may be attributable, directly or indirectly, to the use of SMSs or emails. DuePoint won’t be responsible for any interruption, delayed or failed transmission, loss of data, storage or delivery of information resulting from any cause. All the information sent by us via SMS or email is provided without any representation or warranty whatsoever, whether express or implied. In particular, DuePoint makes no representation or warranties about the correctness of any information contained, the suitability of any products or services mentioned or the soundness of any general advice offered in an SMS or email. Nothing on any SMS or email should be construed as granting (by implication, estoppel, or otherwise) any license or right to use any intellectual property rights envisaged in the previous paragraph without our written permission. You may not use the name of DuePoint or our logo in any way without our prior written permission.
WARRANTIES PROVIDED BY YOU
For all purposes, you warrant (confirm) –
- Your identity (that is, you are who you say you are), and that you can prove your identity should DuePoint require you to do so.
- That all information you provide at any time to DuePoint using the DuePoint website, in writing, or to DuePoint’s Call Centre staff, will in all respects be current, complete, and accurate.
- That you will provide to DuePoint all material and relevant facts required by DuePoint as may be appropriate to any dealings you have with DuePoint. If you do not provide the information, or provide information that is incorrect, DuePoint may, at its choice, cancel the agreement or transaction arising from your dealings with DuePoint.
MOBILE ACCESS AND USE
APPLICABLE AND GOVERNING LAWS
These Terms and Conditions will be exclusively governed by and interpreted in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute.
This website and its application form are compliant with the Electronic Communications and Transactions (“ECT”) Act of 2002 and as such reflect your acknowledgement and warranty that the completion of the application form on this website reflects your offer to purchase one of the products available on this portal and that any acceptance of the Terms and Conditions and other acceptances requested within the application form are binding electronic signatures in terms of the ECT Act.
Please find the Electronic Communications & Transactions Act here.
INTELLECTUAL PROPERTY RIGHTS
This site contains copyright and other intellectual property including wording, logos and other graphics and multimedia works that are the property of or licensed to DuePoint.
You may only use this website to browse the content, enter legitimate information and shall not use this site for any other purposes, including without limitation, to enter any, false or fraudulent information. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. E-mail addresses, names, telephone numbers and fax numbers on the DuePoint website may not be incorporated into any database used for electronic marketing or similar purposes.
Unauthorized use of this website and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
The user is authorised to view and download a copy to a local hard drive or disk, print and make copies of such printouts, provided that:
- The material is used for personal and non-commercial purposes.
- Any reproduction of our proprietary material from this site or a portion of it, must acknowledge DuePoint as the source of the material and DuePoint’s contact details must be reflected accordingly.
- Nothing on this site should be construed as granting any license or right to use any trademark, copyright or wording without DuePoint’s prior written permission and/or that of relevant third parties as the case may be.
- The user may not, without DuePoint’s prior written permission, use or plagiarise DuePoint’s intellectual property (or anything that might be construed as DuePoint’s intellectual property) or that of any third parties for any purposes whatsoever.
DuePoint has the right, but not the obligation, to monitor any activity and content associated with the website. DuePoint may investigate any reported violation of these Terms and Conditions or complaints and take any action that it may deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
The website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
We engage third parties that help us deliver our banner advertisements and other online communications. The third parties may collect and use information about our customers to help us understand the offers, promotions and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person. If you do not wish your personal information to be used in this way, please notify us.
Third party vendors, including Google and DoubleClick, show our ads on sites on the internet.
PERSONALISED URL LINK
On occasion, a personalised URL (link) is displayed on a website of ours that directs a visitor to a personalised web page. The personal URL is readily identifiable and may result in the disclosure of personal information. By clicking on that link and accessing a personal web page you agree to allow us to collect information about your session visits. We may use this information to help provide you with information that matches your interests. If you do not wish your personal information to be used in this way, please notify us.
THIRD PARTY LINKS
Any third party links are not under the control of DuePoint. Consequently, DuePoint is not responsible for the contents of such third party links. DuePoint makes no representation or warranties as to the truth or accuracy of information found on such third party links nor does DuePoint necessarily agree with, edit or sponsor any of the content of such third party links.
USE OF DUEPOINT’S SOCIAL MEDIA COMMUNICATION PLATFORMS
Users may participate in discussions, contribute to a discussion forum and blog or other social media communication platforms associated with the website.
By participating, you agree that the liability for such content rests with you as the originating user. DuePoint does not control, monitor nor enforce editorial control over such content. DuePoint does however retain the right but not the obligation to remove any material from any such forums, blogs, or social media platforms which it deems inappropriate, is illegal, of an infringing nature, or is the subject of a complaint.
Users hereby license DuePoint to publish, use, sub-license, distribute, amend, update and store any and all material posted to the forum, blog or other social media communication platform;
DuePoint shall not be liable for any damage, loss, liability and/or harm incurred by any person if such harm to the user or third party results from a user’s posting to such platforms;
DuePoint does not necessarily endorse, encourage or agree with comments, opinions, or statements posted on such platforms. Any content posted including advice and opinions are the views and responsibility of those who post the statements and do not necessarily represent the views of DuePoint.
Users waive all moral rights that may attach to material posted to such platforms.
When you visit the website or send e-mails to the website, you are communicating with DuePoint electronically. You consent to receive communications from DuePoint electronically. We will communicate with you by e-mail, sms or by posting notices on this site or our phone app. You agree that all agreements, notices, disclosures and other communications that DuePoint provides to you electronically satisfy any legal requirement that such communications be in writing.
DUEPOINT INFORMATION AND WEBSITE COMPLIANCE
The following contains further information on DuePoint and represents the information that must be provided by DuePoint to you in compliance with Section 43 of the South African Electronic Communications and Transactions Act. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
2 Payne Road
Corner Main Office Park
+27 (0) 10 020 4500
See Contact details
ALTERNATIVE DISPUTE RESOLUTION CODE
Without any restriction of your rights to pursue legal recourse in the form of your choice, you agree that in the event of a dispute or alleged breach of the terms hereof you will work together with DuePoint in good faith to resolve the matter internally by escalating it to higher levels of management first. Where an amicable solution cannot be reached through the internal processes, you will have the right to escalate the matter to the legal forum of your choice.
DuePoint reserves the right to –
- Refer any breach to the police if such breach constitutes a crime.
- Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.