These conditions of access as amended from time to time (“agreement”) govern your general use of our Hyphen Technology website, which you can find at www.hyphen.co.za (“the website”). This agreement forms an agreement between you and FirstRand Limited Group, an Authorised Financial Services Provider (“we”, “our” or “us”).
This website is made available to you by us conditional upon your acceptance, without modification, of the terms of this agreement. Your access to and use of this website constitutes your agreement to and acceptance of this agreement. If you do not agree with any provision contained in this agreement, please do not use this website.
No term or provision contained in this agreement is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with us on this website.
We reserve the right, in our sole discretion, to amend (including without limitation, by the addition of new terms and conditions) this agreement at any time and from time to time without notice to you. Any such amendments shall come into effect immediately and automatically. You agree to review this agreement whenever you visit the website for any such amendments.
For your convenience, this website may contain links to other websites belonging to or operated by third parties (“third party websites”). By making the hyperlinks available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk.
The various products and services (“services”) we offer on different parts of this website or through associated websites may be subject to additional terms and conditions or their own agreements called “service terms” and your use of those services will also be subject to the service terms governing those relevant services. In the event of conflict between this agreement and the service terms, the provisions of the service terms will prevail to the extent of such conflict.
You might have to apply to become a registered user of such services, which application may be accepted or rejected at our sole discretion.
Any application submitted for products and services via this website do not constitute any guarantee that what is being applied for will be granted.
We provide various kinds of information on the website about us, our products and services. This information is only meant to serve as a guideline and you should not place any reliance thereon without verifying the information. You acknowledge that any reliance upon any such information shall be at your sole risk.
As this information changes regularly, you accept that the information is only an estimate or projection and in some cases a snapshot of constantly changing information or values.
Unless expressly stated otherwise, none of the information on the website must be treated as:
- an offer. It is merely as an invitation to do business with us; or
- an official opinion or financial, legal, investment or professional advice of any kind. You must consult a professional advisor before you rely on any information that is published on or accessible via this website or on the results of any calculators provided on the website.
You agree that all the information is provided “as is” and that we will not be directly or indirectly liable for any damages that may arise if you rely on this information.
You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise (“linking”) to this website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion. You may apply to establish such a link by submitting your request to firstname.lastname@example.org. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected.
Use of the website means that we do not have personal interaction with you. Unless you notify us prior to us giving effect to an instruction submitted by you on the website, you authorise us and acknowledge that we shall rely on and perform all instructions that appear to originate from you.
Your instructions to us sent via the website will be subject to the same turn-around times, if any, that apply to instructions received otherwise than through the website.
You will not hold us liable if you execute the same instruction more than once and neither instruction will be reversible.
An instruction, application form or message is deemed to be received by us only once we have confirmed we have received it, or responded thereto, whichever is the earlier. If we fail to confirm receipt of your instruction, application form or message, do not re-send it before contacting your relationship manager or the contact centre. The initial instruction, application or message may still be processed and re-sending it may lead to a duplication of the transaction for which we will not be held liable.
You should only use the most up-to-date Internet browser to access the website and our on-line services, provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. See our website settings requirements for more information. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the website or on-line service not to operate properly or at all.
Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.
While we have taken care to ensure that the content on this website is accurate, this website and the services accessible on or via this website are provided “as is” and your use of and reliance on the information on this website and the on-line services is entirely at your own risk.
We do not represent or warrant that the website, any tools (such as calculators), software, advice, opinion, statement, information, content or on-line services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
To the fullest extent permissible by law, we expressly disclaim all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.
We and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) shall not be liable for and you hereby indemnify us and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your use of this website or the on-line services or the information contained on this website or your inability to use this website or the on-line services.
Without derogating from the generality of the above, we will not be liable for:
any interruption, malfunction, downtime or other failure of the website or on-line services, our system, databases or any of its components, for reasons beyond our control;
any loss or damage with regard to Customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures,unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
any loss or damage with regard to Customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
any event over which we have no direct control.
If you wish to lodge a complaint, please notify us in writing of this by email at email@example.com or by submitting a complaint from the Contact Us link on the website.
We will respond to your complaint as soon as possible. If you do not hear from us within 5 (five) working days from sending your complaint we request that you contact us at +27 (0)11 303 0060 to check whether your complaint has been received.
We may, without notice, modify, suspend or discontinue the website; impose limits or conditions on the right to certain on-line services, features or functions; or restrict your access to parts of, or all of the services on the website.
This website may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability you must use our other available channels.
A certificate signed by us or the administrator responsible for the website or part of the website, will constitute prima facie proof of the operation or functionality of any on-line service or part thereof and the contents of any information displayed on the website on a given date; the date of publication and content of the current version and all previous versions of this agreement, our privacy and security policy or the relevant service terms which govern an on-line service.
You expressly give your consent for us to monitor your internet and e-mail traffic on our website. You acknowledge that we monitor internet and e-mail traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of this agreement and:
- to maintain the integrity and security of our website and information technology systems;
- to investigate and detect any unauthorised use of our website and information technology systems; and
- as an inherent part of and to secure the effective operation of our website and information technology systems.
This website is hosted, controlled and operated from the Republic of South Africa. This agreement and our Privacy and Security Policies are governed and must be construed and interpreted in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of or in connection with this agreement.
All legal notices relating to products must be delivered as provided for in the product agreements. Where such address is not specified, such notices must be sent to our Registered Office. We may send you legal notices to any of the addresses you have specified on any of your application/registration forms with us or at the address you actually work or live.
In using the website you represent and warrant that you are of full legal age, are emancipated or have your guardian’s consent and assistance and have the required legal capacity to enter into and be bound by this agreement or any other product agreement regarding your use of the website.
Clause headings in this agreement are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
Where any dates or times need to be calculated in terms of this agreement, the international standard time: GMT plus two hours shall be used.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement which we may show, grant or allow you or failure or delay by us to exercise any of our rights will operate as an estoppel against us or constitute a waiver of any such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future. If any of these terms, conditions or provisions are held to be illegal, invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.