Items in these Terms and Conditions that are of
importance or that carry a level of risk for you are in bold. Please pay
special attention to these clauses and make sure you understand them.
If you don’t understand something please get us to explain it to you.
- 1.1 “Acceptance Date” means the
date on which you accepted the Agreement, by way of electronic medium,
for example by clicking “I agree” on a web page or via your mobile
- 1.2 “Activation Date”means the date on which FIN24 will give you access to and/or enable you to use a product or service;
- 1.3 “Agreement”means the agreement
concluded between you and FIN24 in respect of the product or service
contemplated in the Application Form which agreement will be exclusively
governed by these general terms and conditions and the product specific
terms and conditions applicable to the relevant product or service ("Product Terms") read together with the Application Form;
- 1.4 “Application Form” means the electronic document on which (inter alia) you selected your service or product of choice;
- 1.5 “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
- 1.6 “Business Hours”means the hours between 08h00 and 17h00 on a Business Day;
- 1.7 "CPA" means the Consumer Protection Act, 2008;
- 1.8 “ECT Act”means the Electronic Communications and Transactions Act, 2002;
- 1.9 “FIN24”, “we”, “us” and “our” means Fin24 a division of Media 24 Limited, its affiliates and subsidiaries;
- 1.10 “FIN24 Marks” means any trademarks, logos, brand names, trade names domain names or other names or marks of FIN24 whether registered or not;
- 1.11 “Intellectual Property Rights”
means the copyright in any work in terms of the Copyright Act, No. 98
of 1978, and includes without limitation the right to reproduce that
work, the rights in respect of a trade mark conferred by the Trade Marks
Act, No. 194 of 1993, the rights in respect of a design conferred by
the Designs Act, No. 195 of 1993, and the rights in respect of a patent
conferred by the Patents Act, No. 57 of 1978 including any applications
for the aforegoing and any names, licenses, know how, trade secrets and
data associated with the aforegoing;
- 1.12 "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust;
- 1.13 “Legal Notices Website” means http://www.fin24.com/legal;
- 1.14 “NCA” means the National Credit Act, 34 of 2005;
- 1.15 “Third Party Service Provider” means a third party who provides services to Subscribers via the Fin24.co.za website;
- 1.16 “Subscriber”, “you” or “Customer” means an user of any of our products or services;
- 1.17 “Uncontrollable Event” means
(including without limitation) any fire, flood, earthquake, elements of
nature or acts of God, riots, civil disorders, rebellions or revolutions
in any country or any other cause beyond the reasonable control of
FIN24 including the termination or suspension of a service or product
provided by a third party, that may result in a delay or a failure to
provide any product or service; and
- 1.18 “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991.
- 1.19 “Website” means www.Fin24.com;
2 Commencement, Duration, Termination and Cooling-off
- 2.1 The Agreement will commence on the Acceptance
Date and endure indefinitely until it is cancelled as provided for in
this clause 2
- 2.2 FIN24 may cancel the Agreement on the expiry of
the reasonable notice period given to you to remedy a material breach
and you have failed to remedy that breach within such reasonable period,
or otherwise as provided for in the Product Terms or these general
terms and conditions.
- 2.3 Month to month agreements may be terminated by
you on at least 2 (two) Business Days notice prior to the end of any
calendar month save to the extent provided otherwise in the Product
Terms, which termination will take effect on the first day of the month
immediately following the end of the applicable notice period.
- 2.4 Month to month agreements can be terminated by
Fin24 on one calendar month's notice, save to the extent provided
otherwise in the Product Terms, which termination will take effect on
the first day of the month immediately following the end of the
applicable notice period.
- 2.5 Notwithstanding the termination of the
Agreement, in the event that you continue to use the products or
services despite the termination of the Agreement, you will remain
liable for and promptly pay on demand all amounts that would have been
due to FIN24 as a result of the use of or access to the product or
service and this Agreement shall be deemed to continue to apply until
such time as all amounts due to FIN24 have been paid in full, and we
will be entitled to terminate the agreement at any time.
- 2.6 If the Agreement results from any direct
approach to you by FIN24 or is an electronic transaction as contemplated
in the ECT Act, you will be entitled to cancel the Agreement on written
notice to FIN24 without reason or penalty within 5 (five) Business Days
- 2.6.1 in the case of services only being provided in terms of the Agreement - the Acceptance Date; and
- 2.6.2 in the case where goods are
provided and constitute the subject of the Agreement, whether in
conjunction with services or on its own – the date of delivery of such
- 2.7 For purposes of clause 2.6.2, goods include any
literature, music, photograph, motion picture, game, information, data
software, code or other intangible product or any license to use such
3 NCA and ECT Act
- 3.1 Although the Agreement is not a credit agreement
as contemplated in the NCA, your application for a service or product
may be subject to a credit referencing or risk assessment process. This
means that FIN24 may utilize the information provided by you including
your personal information and request and receive information about you
and your credit record (“Assessment Information”) from
registered credit bureaus in order to determine whether you will be in a
position to meet your obligations under the intended Agreement. FIN24
will be entitled to decline to activate a product or service that you
apply for if FIN24 reasonably determines that you may not be able to
meet your commitments under the Agreement.
- 3.2 FIN24 is entitled to perform these assessments each time you apply for a service or product.
- 3.3 The consumer protection provisions of the ECT
Act, apply to transactions and communications that are executed
electronically by a natural person. It also does not apply to paper
based transactions, e.g. where you apply for a service or product by
completing an Application Form in writing.
4 Conditions of access
- 4.1 FIN24 will, unless it declines to activate the
service as contemplated in clause 3.1, make the service available to you
on the Activation Date.
- 4.2 FIN24 will, where relevant, issue a user name
and password to you prior to the Activation Date in order to enable you
to gain access to and/or use a service. In such instance, you will not
be able to access and/or use a service without a user name and password.
- 4.3 You agree that:
- 4.3.1 you will use your user name and password for your own personal use only;
- 4.3.2 you will not disclose your
user name and password to any other person for any reason whatsoever and
that you will maintain the confidentiality thereof;
- 4.3.3 in the event that your password is compromised, you will immediately notify FIN24 and change your password;
- 4.3.4 you, as the holder
of the user name and password, acknowledge you are solely responsible
for all payments in respect of a service charged to your FIN24 account,
irrespective of whether the service has been utilized or is being
utilized by you or not and accordingly the entire amount outstanding on
your FIN24 account will be deemed to have arisen from (or relate to)
your access to and/or use of a service;
- 4.3.5 you agree to cause
all persons who use any products or services under your account or with
your authorization to comply with the Agreement. All acts or omissions
of all persons who use services under your account or with your
authorization will be treated for all purposes as your acts or
- 4.3.6 FIN24 also offers a
password reminder service. We will send your password to your
registered email address or cell phone number should you have forgotten
your password. Subscription to this service is voluntary. Password
reminders will only be sent to your registered details and should such
details change it is your responsibility to notify us.
- 4.3.7 unless such right is
specifically and expressly provided to you in terms of any applicable
Product Terms you will not, at any time, permit and/or initiate a
simultaneous network log-in; and
- 4.3.8 you will not attempt to
circumvent FIN24's user authentication processes or engage in attempts
to access FIN24's network where not expressly authorised to do so.
5 Service Delivery, Service Availability
- 5.1 FIN24 will use reasonable endeavors to
make its services available to its Subscribers, and to maintain the
availability thereof for use by its subscribers. However, we provide the
services “as is” and “as available” and do not warrant or guarantee
that the services will at all times be free of errors or interruptions,
be always available, fit for any purpose, not infringe any third party
rights, be secure and reliable, or will conform to your delivery
timeline requirements subject always to the provisions of the CPA where
- 5.2 FIN24 will use its best endeavors to notify you
in advance of any maintenance and repairs which may result in the
unavailability of a service, but can not always guarantee this.
6 Communication, Complaints Handling and Dispute Resolution
- 6.1 You agree that FIN24 may from time to time send
you communications regarding (without being limited to) special offers
or discounts which FIN24 may negotiate for and offer to its Subscribers,
operational changes that may affect the services and/or new services or
and applicable law. You will always be entitled to notify us in writing
that you do not wish to receive or continue to receive such
communications and if you are a consumer as contemplated in the CPA, to
pre-emptively block the receipt of such communications.
- 6.2 Complaints must be submitted to FIN24 and will be dealt with by FIN24 in accordance with the provisions of this clause 7.
- 6.3 Any payment default by you arising from, or in
connection with, any service or product rendered or provided by FIN24,
will be excluded from the provisions of this clause, and FIN24 will be
entitled to proceed to institute legal action against you.
- 6.4 Without prejudice to your rights in law, you are
required, to first approach us with any complaint or dispute and afford
us an opportunity to resolve a compliant before you approach any other
relevant authority, court or other dispute resolution body or refer the
matter to Arbitration as contemplated in clause 6.10 below.
- 6.5 Please direct all complaints to email@example.com. Your complaint should include the following:
- 6.5.1 your name and surname;
- 6.5.2 your subscriber number;
- 6.5.3 the date on which the complaint arose; and
- 6.5.4 a brief description of what gave rise to the complaint.
- 6.6 In the event of a billing complaint you should also include the following:
- 6.6.1 a copy of the bill concerned or the particulars thereof, e.g account number;
- 6.6.2 the reason for the dispute;
- 6.6.3 the amount in dispute; and
- 6.6.4 supporting information or documentation, if any.
- 6.7 FIN24 will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.
- 6.8 FIN24 will formally respond with a view to
proposing a resolution of your complaint in writing within 14 (fourteen)
working days of receipt thereof, or within such longer period as we
reasonably require under circumstances where the resolution of the
complaint is for example (but without limitation) in the hands of a
supplier or third party service provider.
- 6.9 You may approach any other relevant authority,
court or dispute resolution body or refer the matter to Arbitration as
set out in clause 6.10 below, for resolution of the dispute, should you
not be satisfied with the proposed resolution of the dispute by FIN24.
- 6.10 Any dispute between the parties may be referred
to arbitration and finally resolved in accordance with the rules of the
Arbitration Foundation of Southern Africa. Such arbitration shall be
held either in Cape Town or Johannesburg, and conducted in the English
language before one arbitrator appointed in accordance with the said
rules. Any award will be final and not subject to appeal. This agreement
to arbitrate shall be enforceable in, and judgement upon any award may
be entered in any court of any country having appropriate jurisdiction. A
dispute shall be deemed to have arisen when either party notifies the
other party in writing to that effect.
- 6.11 The arbitrator shall have the power to give
default judgement if any party fails to make submissions on due date
and/or fails to appear at the arbitration.
- 6.12 The provisions set out above shall not prevent
either party from approaching any court of competent jurisdiction to
obtain interim or other relief in cases of urgency.
- 7.1 Billing will commence on the Activation Date.
- 7.2 You agree to pay all amounts due under this
Agreement in consideration for a service or product in accordance with
the Product Terms under which that service is rendered or that product
- 7.3 To the fullest extent permitted by law, all
amounts due and payable in terms hereof shall be paid free of exchange
and without deduction or set-off, by way of a direct debit order in
favour of FIN24 (drawn against a current banking account nominated by
you), or in such other manner as FIN24 may from time to time determine.
You agree that:
- 7.3.1 FIN24 will be entitled and authorized to draw
all amounts payable in terms of the Agreement from the account specified
by you (or any other bank or branch to which it may be transferred);
- 7.3.2 the debit order will commence on the
Activation Date and will continue and not be revoked until termination
of this Agreement or until all amounts due and owing to FIN24 have been
fully and finally discharged;
- 7.3.3 you will sign all such forms and do all such
things as may be necessary to give effect to the debit order as
contemplated in this clause 8.3.
- 7.4 Your first bill may be for part of a month and
you will be charged for the number of days left in the month in which
you signed up
- 7.5 Should you fail to pay any amount on the due
date for payment then FIN24 may, without prejudice to any of its other
rights and remedies:
- 7.5.1 take all such further steps
as may be necessary to recover the outstanding amount from you,
including without limitation the use of debt collection mechanisms;
- 7.5.2 suspend your access to the
service or the use of any product without notice to you until such time
as the outstanding amount has been paid in full; or
- 7.5.3 subject to clause 2, terminate this agreement with immediate effect.
- 7.6 If any changes are proposed to any terms of an
agreement between FIN24 and a Third Party Service Provider which impacts
on the provision of any services or products in terms of this
Agreement, FIN24 shall subject to clause 2 above, be entitled to amend
the terms, fees or charges for its services or products at any time on
30 (thirty) days notice to you as provided for in clause 22 below. The
amendment will take effect on the date indicated in the notice.
- 7.7 FIN24 will use reasonable endeavors to inform
you 3 (three) Business Days in advance, and in any event prior to
disconnection, about the possibility of disconnection in the case of
- 7.8 To the extent that FIN24 incurs any
additional expenditure relating to the tracing and/or collection of
unpaid amounts, those costs shall be for your account to the extent
permitted by law.
- 8.1 Any software and accompanying documentation we
provide to you remains our property or that of our licensors. You will
take all reasonable steps to protect such software or documentation from
theft, loss or damage. You will be obliged to review and agree to the
applicable end user license agreement before installing or using the
software or documentation. Unless otherwise provided in the applicable
end user license agreement, all end user license agreements will
terminate upon termination of the Agreement.
9 Security and Privacy
- 9.1 FIN24 will be entitled to take whatever action
FIN24 may deem necessary and reasonable to preserve the security and
reliability of its network.
- 9.2 You may not utilize any service in any manner
which may compromise the security of FIN24's network, or any other
network connected to FIN24’s network, or tamper with a service or such a
network in any manner whatsoever.
- 9.3 FIN24 takes reasonable steps to secure your
payment information. FIN24 uses a payment system that is in FIN24's
reasonably opinion, sufficiently secure with reference to accepted
technological standards at the time of the electronic transaction and
the type of the transaction concerned.
- 9.4 FIN24 will deal with your personal information
available on our http://www.fin24.com/legal and in compliance with all relevant laws.
10 Intellectual Property Rights
- 10.1 You agree to comply with all laws applicable to
any Intellectual Property Rights in respect of any data, files and/or
information accessed, retrieved or stored by you through your use of any
of our services and/products.
- 10.2 You are prohibited from using any FIN24 Marks without the prior written approval of FIN24.
- 10.3 Other than as specifically provided in the
product or service specific terms and conditions, FIN24 will wholly and
exclusively retain all existing Intellectual Property Rights and become
the exclusive and unencumbered owner of all intellectual property
right(s) employed in or otherwise related to software used by FIN24, its
network infrastructure, e-commerce network infrastructure, business and
the provision of any of the services in terms of the product or service
specific terms and conditions.
- 11.1 Subject to any other provisions set out in
these general terms and conditions or the Product Terms and without
prejudice to any of these provisions, should you be in breach of any
provision of this Agreement, then FIN24 shall be entitled, without
prejudice to any other rights that it may have and to the extent
required or permitted, as the case may be, by law, to forthwith:
- 11.1.1 afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
- 11.1.2 suspend your access to a service;
- 11.1.3 cancel all agreements concluded between us; or
- 11.1.4 claim immediate performance and/or payment of all your obligations in terms hereof.
- 12.1 You hereby unconditionally and
irrevocably indemnify FIN24 and agree to indemnify and hold FIN24
harmless against all loss, damages, claims, liability and/or costs, of
whatsoever nature, howsoever and whensoever arising, suffered or
incurred by FIN24 as a result of any claim instituted against FIN24 by a
third party (other than you) as a result of (without limitation):
- 12.1.1 your use of our services or products other than as allowed or prescribed in the Agreement;
- 12.1.2 any other cause
whatsoever relating to the Agreement or the provision of services or
products to you where you have acted wrongfully or failed to act when
you had a duty to so act.
13 No representations, warranties or guarantees and Limitation of liability
- 13.1 Save to the extent otherwise provided
for in this Agreement or where you are entitled to rely on or receive,
by operation of law, any representations, warranties or guarantees, we
do not make or provide any express or implied representations,
warranties or guarantees regarding the availability, accuracy,
reliability, timeliness, quality or security of any product or service.
- 13.2 Without limiting the generality of the
provisions of clause 13.2, FIN24 shall not be liable for and you will
have no claim of whatsoever nature against FIN24 as a result of -
- 13.2.1 the loss of or
access to any usernames and passwords which you are required to
safeguard and not allow unauthorized access on the understanding that we
will be entitled to assume that you are the person so using or gaining
access to any service or account where your username and password is
- 13.2.2 any unavailability of, or interruption in the service due to an Uncontrolled Event;
- 13.2.3 any damage, loss,
cost or claim which you may suffer or incur arising from any suspension
or termination of the service/s for any reason contemplated in the
- 13.3 In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to
the fullest extent permitted by applicable law, FIN24 shall not be
liable to you for any direct damages howsoever arising and neither party
shall be liable to the other for any special, indirect, incidental,
consequential or punitive damages arising out of or relating to this
Agreement, whether resulting from negligence, breach or any other cause.
To the extent that a competent court or tribunal or other competent
dispute resolution body or authority finally determines, notwithstanding
the exclusion contained in this clause, that FIN24 is liable to you for
any damages, FIN24’s liability to you for any damages howsoever arising
shall be limited to the amounts paid by you under this Agreement in
consideration for a service or product during the immediately preceding
12 (twelve) month period in respect of the service or product which gave
rise to the liability in question.
14 Cession and Delegation
- You may not sell, cede, assign, delegate or
in any other way alienate or dispose of any or all of your rights and
obligations under and in terms of this Agreement without the prior
written approval of FIN24. FIN24 shall be entitled to sell, cede,
assign, delegate, alienate, dispose or transfer any or all of its rights
and obligations under and in terms of this Agreement to any of its
affiliates or to any third party without your consent and without notice
to you provided that you are not unduly prejudiced as a result.
“Affiliates” for this purpose includes FIN24’s holding company, the
holding company(ies) of FIN24’s holding company (collectively “its
holding companies”), its subsidiaries, subsidiaries of its holding
companies and any other companies which are directly or indirectly
controlled by FIN24 or are under common control with FIN24.
- You hereby consent to the jurisdiction of the
Magistrate's Court in the Republic of South Africa in respect of any
proceedings that may be initiated by FIN24 arising out of this
Agreement, provided that FIN24 shall be entitled, in its reasonable
discretion, to institute such proceedings in the High Court of South
Africa and, in such event, you consent to the jurisdiction of such
court. The jurisdiction of the Small Claims Court is specifically
excluded, as the parties agreed to follow the arbitration process set
out in clause 6 above.
16 Amendment of this agreement
- FIN24 reserves the right to amend this agreement
from time to time. Any new version of the Agreement will be displayed on
our Website together with the date on which it will become effective,
which will never be less than 30 (thirty) days after the date on which
it is first published. It is your obligation to visit our web site on a
regular basis in order to determine whether any amendments have been
- 17.1 The parties acknowledge and agree that this
Agreement constitutes the whole of the agreement between them and that
no other agreements, guarantees, undertakings or representations, either
verbal or in writing, relating to the subject matter of this Agreement
not incorporated in this Agreement shall be binding on the parties. No
variation or addition of this Agreement or the Application Form will be
binding on any of the parties unless recorded in writing and signed by
- 17.2 FIN24 is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and
certain other information available to its Subscribers who enter into
electronic transactions with FIN24. This information is available on
- 17.3 You agree that any notices we send to you in
terms of any agreement concluded between us may be sent via e-mail
unless otherwise prescribed by law.
- 17.4 No indulgence, leniency or extension of time
which FIN24 may grant or show to you shall in any way prejudice FIN24 or
preclude FIN24 from exercising any of its rights in the future.
- 17.5 In the event of a discrepancy between these
Terms and Conditions and the Product Terms, the Product Terms will take
- 17.6 You warrant that as at the date of
online application and registration, all the details furnished by you to
FIN24 are true and correct and that you will notify FIN24 in the event
of any change to such details.
- 17.7 All our terms and conditions can be accessed, stored, and reproduced electronically by you.
- 17.8 The physical address where FIN24 will receive legal service of documents/ domicilium citandi et executandi is the following: 11 on Adderley, Adderley Street, Cape Town.
18 International Data Sources
1. Dow Jones Indices
The Dow Jones Industrial and Dow Jones Utilities Indexes are proprietary to, and are calculated, distributed and marketed by, Dow Jones Opco, a subsidiary of S&P Dow Jones Indices LLC, and have been licensed for use. Standard & Poor’s and S&P are registered trademarks of Standard & Poor’s Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”). All content of the Dow Jones Industrial and Dow Jones Utilities Indexes © S&P Dow Jones Indices LLC 20[1X].
FTSE®”, "FT-SE®", "Footsie®", [“FTSE4Good®” and “techMARK”] are trade marks jointly owned by the London Stock Exchange Plc and The Financial Times Limited and are used by FTSE International Limited (“FTSE”) under licence. [“All-World®”, “All-Share®” and “All-Small®” are trade marks of FTSE.]
"The FTSE 100 is calculated by FTSE. FTSE does not sponsor, endorse or promote this product and is not in any way connected to it and does not accept any liability in relation to its issue, operation and trading.
3. Nikkei 225
© Nikkei Inc.