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terms.tpl
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{*
* Terms and Conditions page for the Terms and Conditions road block.
*
* This Source Code Form is subject to the terms of the Mozilla Public
* License, v. 2.0. If a copy of the MPL was not distributed with this
* file, You can obtain one at http://mozilla.org/MPL/2.0/.
*
* Copyright 2014-2018 Jacques Marneweck. All rights strictly reserved.
*}
{*
* @TODO Get sybille to fix Tim's T&C's for her programs
*}
<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="utf-8">
<meta http-equiv="X-UA-Compatible" content="IE=edge">
<meta name="viewport" content="width=device-width, initial-scale=1">
<title>Diamond Cash — Your Money Matters — Terms and Conditions</title>
<meta name="keywords" content="diamond cash, diamondcash, systemlation, diamondcash card, diamond card, money, debitcard, debitcards, banking, bank, payroll, debitorder, debitorders">
{include file="_partials/header-bsfa.tpl"}
<link href="/css/diamondcash.css" rel="stylesheet">
{include file="_partials/header-shims.tpl"}
</head>
<body>
<div class="container">
<div class="header">
<h3 class="text-muted signin-logo"><img src="/images/brands/diamondcash.jpg" alt="Diamond Cash" height="200"></h3>
</div>
<div class="form-signin">
<h2 class="page-header">Diamond Cash Terms and Conditions</h2>
{if isset($smarty.session.flash.error)}<div class="alert alert-danger" role="alert">You need to accept the terms and conditions before you can continue.</div>{/if}
<form accept-charset="UTF-8" method="post" autocomplete="off" class="form-horizontal" role="form">
<input name="utf8" type="hidden" value="✓" />
{include file="_partials/csrf.tpl"}
<div class="form-group">
<textarea class="form-control" rows="10" readonly>
Please read and accept the terms and conditions of this agreement to continue with the registration of your new mobile wallet account. This agreement only applies to you if you use any of the following self-service channels offered by Symelation Holdings (Pty) Ltd, with the registration number 2014/287136/07 residing at 7th Floor, West Tower, Canal Walk, Century City, Cape Town 7840, (“Symelation”)
The terms and conditions are subject to change and are available on the website at: https://www.diamondcash.co.za/terms
The following agreement informs you of your rights and obligations when engaging with the company.
1. Diamond Account Holder:
a. You are an account holder if you are registered with an Symelation Diamond account or have been authorised to use an Symelation account. You, as an account holder or authorised user, are be bound by the Terms and Conditions herein.
i) I will instruct all actions to be taken on my account and with my money via the authorized systems provided by Symelation, who will perform a daily reconciliation on my account and provide compliance with all regulatory requirements demanded by SARB, Standard Bank of South Africa and the Financial Services Board.
ii) I authorise Symelation to open an account in the name of the legal entity, I provide Symelation with the details, (Symelation Administrated Account”) with Standard Bank of South Africa (“SBSA”) in terms of the agreement entered into between Symelation Holdings (Pty) Limited and SBSA;
iii) I appoint Symelation as the agent to administer the funds held in the Symelation Administrated Account (“the Funds”);
iv) Symelation has specifically been authorised by me in terms of this Mandate to:
1. Open, operate, manage and close the Symelation Administrated Account. I grant Symelation the necessary authority to transact on the Symelation Administrated Account on my behalf, subject to the receipt of electronic instructions;
2. authorise payment of fees to Symelation pertaining to the opening, operation and management of the Symelation Administrated Account
v) SBSA is entitled to act on all instructions given to it by Symelation on my behalf in respect of the Symelation Administrated Account;
vi) SBSA may pool and where applicable set-off against each other, the Funds held in the Symelation Administrated Accounts;
acknowledge that I will not be able to transact directly at SBSA branches or head office. All transactions must be addressed to and actioned by Symelation. I will receive confirmation of transactions and account statements on a monthly basis and Symelation will be responsible for the reconciliation of, as well as the provision of, income tax certificates regarding any interest earned in respect of the Symelation Administrated Account;
viii) I confirm that Symelation acts as my agent and assumes, except in so far as there may be a right of recovery against Symelation, all risks connected with the administration of the entrusted Funds by Symelation, as well as the responsibility to ensure that Symelation executes the instructions as recorded in this Mandate;
ix) should I instruct Symelation to make any payments to a third party through Symelation’s trust account, I hereby unconditionally absolve and indemnify SBSA and Symelation from and against all and any loss, damage, costs and expenses which I or any other person whatsoever, including any minor children, may sustain or incur, either directly or indirectly as a result of SBSA or the Symelation paying any amounts into the bank account of a third party;
x) I waive my right to claim for any loss, damage, costs and expenses from SBSA or Symelation that it may suffer or incur, of whatever nature howsoever arising, as a result of any negligent acts or omissions by SBSA and Symelation, its employees, directors, agents or other representatives;
xi) all warranties given or statements made by me in terms hereof are deemed to be given or made in favour of SBSA and SBSA will be deemed to have accepted the benefits given to it by this Mandate when it receives any deposit from me or from Symelation on my behalf;
xii) Symelation Holdings (Pty) Ltd may accept payments on my behalf from multiple payers (including myself) and may make payments on my behalf to multiple beneficiaries (including myself) based on instructions given by me via Symelation.
xiii) I accept that Symelation operates and functions within the requirements of the Electronic Transactions and Communications Act, and as such whenever I click "Submit" or "Accept" following my logging-in using my Personal Identification Number (PIN) and User Name, such action will be deemed an electronic signature by myself and am I bound by the terms and conditions as presented by the preceding action
xiv) All your transaction history will be stored for a period of five (5) years. You have access to statements of up to 3 months and a daily 30-day transaction history when you log into your account online..
xv) Transactions that have been incorrectly entered by you or that have experienced a processing problem during a transmission may be refunded but only after thorough vetting of the transaction by the Symelation compliance department
xvi) Symelation subscribes to the protection of Personal Information as provided for in Section 51 of the Electronic Transactions and Communications Act.
xvii) I accept that under the Electronic Transactions and Communications Act I have 7 (seven) days to cancel without any reason this agreement and that Symelation must with Thirty (30) days refund all monies paid to it for the supply of its services less cost of account closure
xviii) I consent to Symelation carrying out identity and fraud prevention checks and sharing information relating to this application with the South African Fraud Prevention Service (SAFPS). Should my conduct of my account at any time in the future reasonably cause Symelation to suspect that my accounts are being used for improper purposes, I consent to Symelation providing details of this suspicion to the SAFPS. I understand and agree that the record of this suspected fraud will then be available to other members of the SAFPS if they carry out credit/other checks on my name.
xix) I consent to Symelation checking my credit record with any credit reference agency. I also consent to Symelation providing credit reference agencies with regular updates about the conduct of my accounts, including the failure to meet the agreed terms and conditions. I also agree that the credit reference agencies may, in turn, make my record and details available to other credit grantors.
TOP
2. Commencement of the agreement:
You will be bound by the terms and conditions as soon as any of the following happen:
• When you register to use any of the service channels
• When you gain access to use any of the service channels or download any software that enables the use of the channels
• When you begin to use any of the service channels.
3. Services available:
In terms of this agreement, you will be able to use the following services:
(1) Deposit of money into your Symelation nominated SBSA Symelation Administrated account(s)
(2) Payments of other people’s accounts or your own account(s)
(3) Purchase of Pre-paid products and services offered by Symelation or their partners
(4) Purchase of Financial services products such as funeral cover
(5) Payments of fees for administering your accounts
4. Registration:
You are responsible to ensure that you have the necessary equipment and software to use the service channels. Any information provided to Symelation during registration is confidential and private. Symelation will not disclose this information to anyone unless:
• Symelation is legally compelled to do so
• It is in the public interest to do so
• The disclosure is made, at your request, with your written consent.
5. Authorising another to act on your behalf as your agent:
By allowing an authorised user to access your account using the service channel, you provide that person with the authority to act as your agent. Any act or omission by the user will be considered as your act or omission.
6. Access information:
You must enter the correct access information to identify yourself whenever you use or logon to the service channels. Symelation is obliged to act on and accept all transactions done after your access codes have been entered or applied. The following access information is of specific importance:
(1) Your physical address, as provided on your application, or as changed by notification to Symelation in writing, will be used for all legal notices.
(2) Your email, fax or postal address on Symelation’s records will be used for any other correspondence.
(3) Notices provided from Symelation will be regarded as having been received by you:
• Within seven days after posting, on the date of delivery if sent by hand
• At the time of transmission if sent by fax
• At the time of receipt if sent electronically
TOP
7. Security of your access information, cards and equipment:
You are responsible for the safekeeping and proper use of your card, PIN and username and password. Never give or show anyone your access information, including any person who is an employee of Symelation, or claiming to work for or represent Symelation in any way. Never respond to requests to enter or “confirm” your access codes sent to you via email, SMS or instant messaging. If you respond to any of the situations mentioned above and lose money as result of doing so, Symelation is not responsible and will not refund you. You indemnify Symelation against any damages, loss or liability that Symelation might suffer as a result of any unauthorised access and/or use of your card.
8. Cancellation of Access codes:
If you suspect or know that your access code(s) have been lost, stolen or used without your authorisation, you must notify Symelation immediately and request a cancellation. If your cellphone is lost or stolen, you must immediately notify Symelation and request us to delink your cellphone from your online profile. Delay in notifying Symelation may be considered as negligence on your part and you will be responsible for all transactions on the card prior to the account being stopped. After cancellation, Symelation will reject all transactions done from the date on which your access code(s) were cancelled. Symelation reserves the right to block your access to the service channels at any time to maintain or restore security, if we reasonably believe that your access code(s) have been or may be obtained or are being used or may be used by an unauthorised person(s).
9. Cancellation of Access Codes of Authorised Users:
You must notify Symelation in writing if an authorised user’s access rights must be changed or cancelled. When an authorised user is no longer allowed to transact on your account, you or Symelation has the right to demand that they return any physical devices given to them to transact, including their Card. When you, as the account holder, takes back the authorised user’s physical access device, you must notify us in writing or via the helpline that the authorised user’s access rights must be cancelled, and that the card or device must be destroyed or returned to Symelation.
10. Monitoring Your use of the Service Channels and your conversations with Symelation:
All conversations between you and Symelation during calls to our Customer Care Call Center are recorded. Symelation may monitor and record communications or traffic on the service channels to:
• Maintain the proper functioning and safety of Symelation’s systems
• Investigate or detect any unauthorised use of the service channels or systems
• When the law requires Symelation to do so.
11. Transaction Fees:
All fees for using Symelation’s services will be deducted from your Symelation account. These fees will be deducted immediately after confirmation of the completion of the transaction. Symelation cannot act on or process your transaction instructions unless you have enough money in your account to cover both the transaction value and the transaction fee. The fees which Symelation will be entitled to are in published transaction fee schedule.
Note that Symelation is entitled to change the fee structure with at least one month’s notice.
TOP
12. Transactions:
(1) You are responsible for providing Symelation with correct and complete information and instructions when you transact. Symelation does not verify the identity or bank account details of the person or entity you are paying. Nor do we compare the account number against the details of the person or entity you are paying. Symelation will not be responsible to the person, or entity you are paying, for any loss or damage you may suffer as a result of your providing incorrect or incomplete information. Symelation is not responsible if you do not complete an instruction or if you do not follow Symelation’s instructions when transacting.
(2) Certain transactions cannot be reversed or stopped once you send them to Symelation.
(3) Transaction limits apply to transactions done on the service channels. Symelation will not be able to carry out any instruction from you if you have exceeded your transaction limit or if a transaction will result in you exceeding your transaction limits. If you need to exceed any limits, you need to arrange with Symelation beforehand by phoning our call centre or visiting your nearest branch.
(4) Unless stated otherwise, all transactions will be completed in the same amount of time they take to be completed when performed at a branch or ATM.
(5) Certain information, including your account balance information, may be delayed.
(6) If you are unsure if a transaction has been sent or received or processed, you must contact Symelation. Do not submit an instruction again as this can result in duplicating transactions for which you will be responsible for and for which Symelation will not be liable.
13. Service Channels:
Service channels may not be available from time to time. During unavailability, you must make use of our other channels. Symelation may stop providing the service channels or any other services provided on the service channels at any time. However, Symelation will notify you of this within a reasonable time.
14. Third Parties:
(1) Symelation is not responsible for links to third party sites, its contents or for the third party’s actions or omissions, or its goods or services. Symelation does not endorse or recommend the third party or its products or services, nor does it have any control over third parties or their products or services.
(2) Symelation is not responsible to you for any loss or damage you suffer, whether indirectly or directly, because of a third party or its products or services or your use of the products or services.
(3) Symelation is not responsible for third party software. If at any time, your internet provider, cell phone provider or electricity supplier is unavailable, Symelation will not be held liable for any damages or loss incurred as a result of the unavailability.
TOP
15. Symelations’s Liability:
Symelation, it's vendors and SBSA will not be liable for any kind of loss or damage you may suffer, including indirect, direct, special, incidental or consequential damages, because of your use of, or inability to use, the services. Symelation and SBSA are also not liable for the following (except where such loss or damage is caused by Symelation’s negligence or intent):
• Any loss or damage, which you or any other party, may suffer due to unauthorised interception and/or monitoring.
• Any loss or damage if you did not take reasonable steps to safeguard the account, the access codes and/or follow the steps recommended by Symelation.
• Late or delayed transactions
• Loss or damages arising from unauthorised use of the service channel, including where a user exceed their authority
• Any errors or delays in communication systems outside of its control.
• Any loss, damage or theft resulting from the use of Automated Teller Machines (ATMS)
• Any consequence resulting from any cause of retention or damage (including tearing, destruction or rendered unusable) of your card.
16. Intellectual Property Rights:
Symelation and/or it's vendors owns the intellectual property rights in the service channel and its contents, including all registered and unregistered trademarks, copyright and patents. You may not copy, reproduce, display, reverse engineer or use Symelation’s intellectual property in any manner whatsoever without our written consent. Nothing on the service channels must be seen as granting any licence or right of use of any intellectual property unless permission was granted by Symelation and/or it's vendors and/or their licensors. You may not establish any connection, including via a hyperlink, frame mega tag or similar reference, whether electronically or otherwise to any part of the service channel or Symelation’s website without written consent. Symelation also owns the software underlying the service channels.
17. Ending the agreement:
Symelation may end the agreement at any time or end your right to use the service channels after giving you reasonable notice. Symelation may also terminate the agreement if any of the following occur:
• You commit fraud or Symelation suspects you have done so
• Symelation believes that your behaviour was inappropriate or constitutes misconduct
• If you breach this agreement
• If you no longer have access to the equipment or services necessary to use the service channels. Eg. Your cell phone provider removes your registered cellphone number from its network or ends your contract
• If your account is closed
• If the law requires us to do so
• If you don’t use the service channels for a period of three months or more.
• I accept if I do not transact on my transactional account for 45 consecutive days, my account will be regarded as semi-dormant. If I do not transact on my account for a further 45 consecutive days my account will be deemed dormant, irrespective of my balance
• Symelation will try to contact me telephonically and will also notify me in writing at my last known address of the dormant status of my account
• If despite notification, I fail to transact on my account for a further 28 days and the balance in my account is equal to or below the minimum monthly service fee or fixed monthly fee, the outstanding fee will be recovered partially and the account closed
• If my account has a debit balance and there has been no credit turnover (no deposit) for 36 days and over my account will be considered dormant. I will be contacted either by telephone or letter at my last known address and requested to activate the account. If no response is received further action will be taken. While my account is dormant Symelation may continue to charge its monthly and transactional fees where applicable
You may end this agreement by notifying us in writing or by phoning our call centre. If the agreement is ended, you will still be responsible to Symelation for all the transactions, instructions and fees. Note: Ending this agreement does not mean scheduled top ups or recurring services will also be cancelled.
TOP
18. Waiver:
If, for any reason or purpose, Symelation does not immediately enforce or implement any of the rights in terms of this agreement, it does not mean that Symelation has abandoned or waived these rights. You must not assume that the agreement has been changed or that it no longer applies to you. Symelation can still insist on strict application of any or all of its rights at a later stage.
19. General Terms and Conditions:
(1) Symelation reserves the right to decline your application
(2) You may not vary any of the terms and conditions
(3) Symelation has the right to request any further information or documents that it may legally require.
(4) You will pay for any service provider that you require to support your cellphone and computer
(5) Nothing on the service is an offer or professional advice to you
(6) If one or more of the clauses is invalid it will not render the rest of the agreement or rules invalid.
(7) Where dates and times need to be calculated, the international standard time (GMT) plus 2 (two) hours will be used.
20. Other laws:
(1) ECT Act: if you are a consumer, you have certain rights under South Africa’s e-commerce legislation Chapter VII of the Electronic and Transactions Act 25 of 2002. These rights are available at: www.acts.co.za
(2) Exemption 17 of FICA clients: if your account has been opened under Exemption 17 of Financial Intelligence Centre Act 38 of 2002, you are prohibited from transferring any funds outside the Republic of South Africa or utilising your card outside the common monetary area (Swaziland, Lesotho, Namibia, Mozambique etc)
This agreement will be governed by the laws of the Republic of South Africa without giving effect to conflict of law provisions.
Please note:
a) Your Symelation account has been opened under Exemption 17 of FICA (Financial Intelligence Centre Act)
We are obliged to suspend the transactional capability of your account unless we are in the receipt of proof of residency should you exceed either of the following:
• Balance of your account exceeds R25 000
• A debit transaction above R 5000 in a 24 hour period.
In order to avoid suspension of your account, please forward proof of residential address to Symelation at your earliest convenience in the form of one of the following:
• Utility Bill (less than 3 months old)
• Municipal rates and taxes invoice (less than 3 months old)
• Telkom account (less than 3 months old)
• Valid television licence
• Multichoice account (less than 3 months old)
• A bank statement (less than 3 months old)
• Recent short-term insurance document
• Two recent retail accounts
• Mortgage statement (less than 6 months old)
• Recent SARS tax return/IRP 5 form
• Recent motor vehicle licence
• Recent correspondence from a body corporate or share block association
• A payslip or salary advice from your employer (less than 3 months old)
• An affidavit by another person residing with you attaching one of the above as proof of address for person giving affidavit
</textarea>
</div>
<div class="form-group">
<div class="col-sm-12">
<div class="checkbox">
<label>
<input type="checkbox" name="accept" id="inputAccept"> I have read, understood and accept the Terms and Conditions.
</label>
</div>
</div>
</div>
<div class="form-group">
<div class="col-sm-offset-2 col-sm-10">
<button data-disable-with="Processing ..." type="submit" class="btn btn-primary">Accept the T&C's</button>
</div>
</div>
</form>
<div>
<footer>
<p>© 2014—2018 Symelation Holdings (Pty) Ltd and/or it's licensors. All rights strictly reserved.
</footer>
</div>
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