These Terms form an agreement between you and us, so please make sure that you understand all of them. You agree that you will only use the App in line with these Terms and any additional terms mentioned below that may apply, including any terms and conditions incorporated in these Terms by reference and applicable laws, rules and regulations. Important clauses, which may limit our responsibility or involve some risk for you, will be in bold and italics or highlighted. You must pay special attention to these clauses.
This App is provided by ThulTech (Pty) Ltd to enable you to access products and services offered by us. The terms and conditions applicable to the specific products and services provided to you by 3rd parts API providers, and the laws of the jurisdiction from or in which those products or services are provided to you apply accordingly. Where there is a conflict between these Terms and the Product Terms, these Terms will apply.
Please note that some of the products listed in these Terms might not be available in your country of residence, if outside of South Africa.
2.1. We have defined some words for consistency. These words will begin with a capital letter, where indicated. Singular words include the plural and the other way around.
| Word | Meaning |
|---|---|
| Access Codes | Any of your secret numbers used to access our System, including your personal identification number (PIN) or one-time PIN (OTP), passwords, user names or email address. |
| Device | The device you use to access App Banking such as a cell phone, smartphone and/or tablet or any similar technology. |
| Intellectual Property | Without limitation, is all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with such inventions, patents, designs, trademarks, service marks, trade names; copyright, including all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same. |
| Intellectual Property Rights | All rights in and to Intellectual Property. |
| ISP | An Internet service provider, which is an organisation that provides access to the Internet. |
| Jailbroken Device | Refers to a Device that has been hacked to gain access to areas of the Device that users are prohibited from accessing/handling, usually to unlock the Device to install programs which cannot be installed on the Device or for use with another cellular network, or both. |
| OTP | A One-Time Pin which you will receive to validate your Access and which is valid for one Access only. |
| Personal Information | Information about an identifiable, natural person and or where applicable, a juristic person, including but not limited to information about race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial; criminal or employment history; any identifying number, symbol, email, postal or physical address, telephone number; location; any online identifier; any other particular assignment to the person; biometric information; personal opinions; views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature; or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person. |
| Process | Any operation or activity, automated or not, concerning Personal Information, including: alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification, or the use of information. Processing, and Processed will have a similar meaning. |
| Product Terms | Terms and conditions and/or policy documents specific to the product or services that apply to your Account. |
| Profile | The profile that is created when you log onto Digital Banking for the first time that reflects certain products and services you have with us. |
| we, us, our | ThulTech (Pty) Ltd (Registration number 2020 / 809060 / 07). |
| you or your | The person who registered for the App. |
| API | Stands for Application Programming Interface. In the context of APIs, the word Application refers to any software with a distinct function. Interface can be thought of as a contract of service between two applications. This contract defines how the two communicate with each other using requests and responses. |
3.1 You must follow the prompts displayed for registration. Registration will generate a Digital Identity for you. If you already have a User Account, you can use the same Digital Identity to log on.
3.2 Registration will create your Digital Identity.
4.1 Fees will be charged for using the Web App.
4.2 Standard data costs will be charged by your ISP when you are using the Web App. You must contact your mobile network operator to ask for details.
4.3 We will charge you a pro-rata fee per for any bike added to the system before the debit order date.
4.4 If you do not pay our fees or do not have enough available money in your Account to pay them, we may block you from accessing the systems until such fees are settled in full.
5.1 We will act on instructions that appear to have been sent by you as per clause 9.2 below.
5.2 We will treat your instructions to us in line with your Account and the Transaction involved. All Transactions are subject to their Product Terms.
5.3 Instructions received after 5pm (South African time) will be attended to on the next business day.
5.4 We are not responsible for any loss you suffer if you enter the incorrect details for your Transaction.
5.5 You must never assume we have received your instruction until we have told you that we have. We are not responsible for any loss or damage you suffer because you repeated an instruction and we repeated the data manipulation. Please call our contact centre for assistance.
5.6 API usage is subject to the terms and conditions of the third party service provider (for example: any provider other than Thultech). Any queries about your Access to APIs must be referred directly to your service provider. We will not be liable for any losses suffered as a result of the negligence, actions or omissions by your service provider.
6.1 You represent and warrant that:
6.1.1 you have full contractual capacity and no court has declared you mentally unfit;
6.1.2 you are not, and will not be, located in any country that is the subject of a United States of America (US) Government embargo or that has been designated by the US Government as a "terrorist supporting" country;
6.1.3 you are not listed on any US Government list of prohibited or restricted parties;
6.1.4 you have been informed that you can refer any questions that you may have to us;
6.1.5 you have given us the correct information; and
6.1.6 you have read and understand these Terms before entering into this agreement.
7.1 Looking after your Access Codes:
7.1.1 It is your responsibility to keep your Access Codes secret and safe at all times. Someone who knows your Access Code could get access to your Account and steal your information, defraud you, steal your money, use your private Account information illegally, apply for a credit facility such as an overdraft or loan, apply for an overdraft limit increase or change your credit limits, ATM limits or EAP Limits.
7.1.2 You waive (give up) any claim you may have against us for any loss or damage you may suffer if you have compromised your Access Codes to any unauthorised third party.
7.1.3 No person ever has a good reason to know or ask for your Access Codes, so you must never allow another person to access them. This includes our own staff. You must inform us by contacting our contact centre or your branch immediately if someone has asked you for, or may know, any of your Access Codes.
7.1.4 If you ask us to stop or change any Access Code, we may ask you to prove your identity to us
7.2 After your Access Codes have been entered, we will assume that any Web App activity or instruction is genuine. Even if someone else used your Access Codes, we may carry out an instruction as if you authorised it.
7.3 We are not responsible for any loss or damage you may suffer because someone accesses your Account and you have not followed our advice about using Web App safely.
7.4 You must make sure that you log out of the WebApp when you have finished using it to prevent anyone else from using it. We will also apply an automated time-out if the Web App is not used within a specified time frame.
7.5 Do not use any public Device. Public Devices are not safe because you do not know what software or hardware may be on them. For example, they may use spying technology to find out numbers or passwords you type. These could be used to get into your account to steal your information, defraud you and steal your money.
7.6 For customers of ThulTech (Pty) Ltd, please call our Fraud Helpline at 0655842865 to report any suspicious activity (such as by SMS, telephone call, cell phone call, online activity or App activity by third parties).
7.6 We are committed to providing safe online services. Please note that all uses of the Web App are protected by encryption at international standards, save where you use a Device which is Jailbroken. Encryption protects the Personal Information you send through the Web App. Our computers are protected by systems that guard against intruders. Only authorised employees or agents have access to information on these computers. We have also used independent security experts to test our system security and advise us about improvements to it.
7.8 You acknowledge that you may not access the Web App from any Jailbroken Device. We will not be responsible for any losses incurred as a result of your use of any Jailbroken Device. You indemnify us against any losses incurred and claims instituted against yourself, us, or any third party as the result of you: (a) using the WebApp on any Jailbroken Device, and/or (b) distributing the link of the Web App to any Jailbroken Device. We will not be responsible for the security of any of your Accounts, or Personal Information or other data which you may provide on the Web App, should you access the Web App from a Jailbroken Device.
8.1 You must use software and hardware suitable for Web App Banking. If you do not, the Web App Banking service on your Device may not work properly and this could increase your security risks.
8.2 If we offer software to you on or through your Device, any licence agreement is between you and the software's licensor. You indemnify us against any breach of such software licence.
8.3 We do not expressly or implicitly warrant:
8.3.1 the licensor's ownership of any software provided on the WebApp App; or
8.3.2 rights of use of any licensor; and
8.3.3 that any software is suitable for its purpose.
9.1 You indemnify us against any loss or damages (direct, indirect and consequential), that we may suffer because:
9.1.1 you have not paid costs or fees;
9.1.2 you gave us wrong instructions or information;
9.1.3 you do not have enough money in your Account for a payment; or
9.1.4 someone carried out an instruction or made a payment without your permission or on your behalf.
9.2 You acknowledge and agree that:
9.2.1 these Terms are entered into between you and us. Since the WebApp is made available through the Web Hosting services, the Web Hosting services e is a third party under these Terms and will also have the right to enforce these Terms against you;
9.2.2 any claims relating to the licence to the Web App, possession or use of the Web App are between you and us (and not between you, or anyone else), including but not limited to, product liability claims, any claim that the Web App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and
9.2.3 if any claim by a third party that your possession or use (in line with these Terms) of the Web App infringes any intellectual property rights, thultech will not be liable to you in relation to that claim.
10.1 Your use of Web App is dependent on factors beyond our control, such as your network's coverage or availability, your ISP's availability or your Device's capability and capacity. We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access Web App.
10.2 We (including our employees, consultants, agents or any affiliated person) are not responsible for any loss or damages related to your use of Web App, Web App Banking, or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of a duty of care) or law. We are not responsible for any loss or damages where:
10.2.1 someone finding out any of your Access Codes and using these codes to register WebApp and fraudulently transacting on your Account, or enabling any other third party to commit any type of fraud or other illegal act against you;
10.2.2 any technical or other problem (interruption, malfunction, downtime or other failure) affects Web App, a third-party system or any part of any database for any reason;
10.2.3 any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence;
10.2.4 any failure or problem affects goods or services provided by any other party; for example, any telecommunication service provider, ISP, electricity supplier local or other authority; or
10.2.5 any event that we have no control over.
11.1 You consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources for credit, fraud and compliance purposes, as well as the purposes set out below.
11.2 If you give us Personal Information about or on behalf of another person (including, but not limited to, account signatories, shareholders, principal executive officers, trustees and beneficiaries), you confirm that you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically any cross-border transfer of Personal Information into and outside the country where the products or services are provided; and (c) receive any privacy notices on their behalf.
11.3 You consent to us Processing your Personal Information:
11.3.1 to provide products and services to you in terms of this agreement and any other products and services for which you may apply;
11.3.2 to carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);
11.3.3 in countries outside the country where the products or services are provided. These countries may not have the same data protection laws as the country where the products or services are provided. Where we can, we will ask the receiving party to agree to our privacy policies;
11.3.4 by sharing your Personal Information with our third-party service providers and insurers, locally and outside the country where the products or services are provided. We ask people who provide services to us to agree to our privacy policies if they need access to any Personal Information to carry out their services; and
11.3.5 within the Group.
11.4 You will find our Processing practices in the Group’s and our privacy statements. These statements are available on the Group’s websites or on request.
11.5 If you are unsure about your tax or legal position because your Personal Information is Processed in countries other than where you live, you should get independent advice.
If you give us permission, we may use your Personal Information to contact you about products, services, and special offers from us or other companies that may interest you. We will do this by post, email, or text message. If you decide that you do not want us to do this, you can contact us, and we will stop.
We may stop you from using the Web App if you breach a clause of these Terms and do not remedy it within five days after we have asked you to do so. We may still take other steps available to us, including applying to a court for an urgent interdict against you.
14.1 We keep all Intellectual Property Rights in and to the Web App, all content in it or sent to and from the Web App.
14.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the Web App, which may include updates and/or upgrades. You will be asked to accept any additional terms through the Web App when they become applicable to you. The Web App is licensed to you for the purposes in these Terms only and for no other purposes. The Web App is licensed only to you and you will not grant any rights of use or any other rights in respect of the Web App or any Intellectual Property Rights in it to any other person.
14.3 The licence granted to you will commence when you sign up on the Web App and will continue until it is terminated in line with these Terms, which will result in the cancellation of your access to the Web App. On termination of the licence granted in these Terms for any reason, you must immediately stop all use of the Web App.
14.4 You may not in any manner exploit the Web App for any commercial gain of any nature.
14.5 Certain content available on the Web App may include content belonging to third parties. We may provide links to third-party websites as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy:
14.5.1 all content belonging to third parties on the Web App; and/or
14.5.2 any content featured on the websites that are accessed via links found on the Web App.
14.6 You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Web App, its contents, including any Intellectual Property therein, its design, any updates to the Web App and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the Web App and/or any content featured on the websites which are accessed via links that are found on the Web App. You may not sub-license such third-party content, including Intellectual Property Rights associated with it.
14.7 You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise (collectively referred to as linking), or any other reference to the Web App.
14.8 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against us relating to your unauthorised use of the Web App and/or any Intellectual Property Rights flowing from them.
15.1 We may change these Terms by giving you written notice.
15.2 The invalidity, illegality or unenforceability of any of the clauses in these Terms will not affect the validity, legality and enforceability of the remaining clauses of these Terms.
15.3 We may send you any notice about the Web App by email and we may regard the notice as having been received by you one day after it was sent.
15.4 We may terminate the Web App at any time on notice to you. On termination of your registration to the Web App, for any reason, all rights granted to you in respect of the Web App will cease immediately.
15.5 If your Account is stopped or cancelled for any reason, we will cancel your Web App Banking registration.
16.1 We choose the registered address : 33 Victoria Road, Regents Park, Johannessburg as the address where any legal document or notice must be served on or delivered to us.
16.2 We will send any legal documents or notices to you at the address we have for you on our records.
16.3 We may send any other written communication to your street, postal or email address, or through the Web App message system.
16.4 Any legal document or notice to be served in legal proceedings must be written on paper. The relevant provisions of the Electronic Communications and Transactions Act 35 of 2002 do not apply to these documents or notices.
South African law will govern these Terms regarding your use of the Web App. The Product Terms will however apply to your use of your Products.
18.1 The contact details in respect the head offices in each country/jurisdiction listed below can be found in the specific hyperlink provided for each country.
18.2 Regarding complaints specifically about products or services, please address them to the Director of a branch in the jurisdiction in which your account is located. We will deal with all complaints in accordance with the normal procedures for handling complaints in your specific country. We will provide an acknowledgement and initial response to your complaint in writing within 5 business days unless we reasonably expect to be able to provide a full response in writing within 10 business days.