Terms and Conditions

Introduction

The website can be accessed at lifecheq.co.za and is owned and operated by LifeCheq (Pty) Limited ("LifeCheq", "we", "us" and "our").

The website enables you to connect with, and receive holistic financial advice from, accredited Advisers (being Representatives of the Financial Services Provider to which they are contracted).

By accessing the website, creating an account and/or use any of the features on the website:

• you acknowledge that you have read these Terms and Conditions
• you agree to be bound by these Terms and Conditions
• you enter into a binding and enforceable agreement with LifeCheq

You may not access the website on behalf of any person or entity.

Privacy Policy

We will protect any personal information we receive when you use the website and only use it as set out in our privacy policy.

Please review our privacy policy here.

Services

You may use the website in order to:

• connect with an Adviser that is a user on our system, specifically this means linking your profile to that of an Adviser who you grant permission to:
  • view your personal information
  • prepare financial advice for you
• provide and store your personal data in accordance with our Privacy Policy
• access savings calculators
• view your holistic financial plan after it has been approved by an Adviser (including investment and insurance product recommendations)
• allow an Adviser to present you with Financial Advice or complete Intermediary Services on your behalf
• access any additional features that may be added from time to time

All Financial Advice given by an Adviser and presented on the website will be as a Representative of the FSP to which they are contracted, and not on behalf of LifeCheq and LifeCheq makes no warranties regarding the suitability or otherwise of the advice given by the Adviser.

You will only be able to view financial advice on the website once it has been approved by an Adviser with whom you have appointed.

By connecting with an Adviser on our website, you consent to us providing that Adviser with your personal data that may be required by them in respect of their normal duties as a financial adviser.

By disconnecting from an Adviser, we will revoke their access to your personal data excluding information that they are required to keep in terms of law.

Registration

In order to complete your registration, you will be required to provide your name, surname, email address and password.

By registering on the website, you represent and warrant that you:

• are 18 years of age or older
• are a legal resident of South Africa
• have not been previously suspended or removed from using the website, or engaged in any activity that could result in suspension or removal from the website
• do not have more than one LifeCheq account
• have full power and authority to enter into these Terms and Conditions, and in doing so will not violate any other agreements to which you are party

Fees

The use of the website is free, although some features may require additional fees.

Not all features of the website will be available to all users at all times.

Logging in

Logging into the website requires that you provide us with your email address and password ("Login Details").

You must keep your Login Details safe, and warrant that you will not share these with anyone.

You agree that, once the correct Login Details relating to your account have been entered, irrespective of whether the use of the Login Details is unauthorised or fraudulent, you will be liable for the consequences of any actions taken during that session.

If you believe your Login Details have been compromised, you must notify us as soon as possible instructing us to block your account.

Termination of this Agreement

You may terminate this Agreement, and your use of the website at any time by contacting us in writing.

We may terminate your access to the website:

• at any time by giving you notice
• in the event of you breaching these Terms and Conditions

On termination

• all your rights under these Terms and Conditions end immediately
• we will revoke access to your data by any connected Adviser, excluding any data that the Adviser would need to be able to access in terms of their obligations under the law
• we will close your account and deactivate your ability to login

Disclaimers and Limitation of liability

You hereby acknowledge that:

• all financial advice and recommendations are made by the Adviser
• in respect of the services offered on the website, LifeCheq is not providing financial advice
• LifeCheq cannot be responsible for:
  • Advice and intermediary services provided by the Adviser
  • Errors in implementation made in your personal capacity or by the Adviser
  • Miscommunication between you and the Adviser

Neither we, our directors or staff will be liable for any liability or damage (other than arising from our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:

• the actions of Advisers, or other users of the website
• your use of the website
• your use of or reliance on the information stored on the website
• your acts or omissions
• a breach by you of the Terms and Conditions
• the fact that we act on your instructions, or instructions that can reasonably be assumed to be from you
• any unlawful access or monitoring of information transmitted to us
• any error or omission in respect of information submitted to us

Intellectual Property

The services offered by LifeCheq and Adviser and received by you are the intellectual property of LifeCheq.

All changes to this offering, whether made as a result of an interaction with you or otherwise, are also the intellectual property of LifeCheq.

The financial service offering includes:

• the advice process
• the LifeCheq advice algorithms
• the content of LifeCheq tools, owned websites, financial models, software, and financial data
• all analysis and interpretation of financial product data
• all models (financial or otherwise) used to generate the advice
• marketing and advertising

You undertake not to attempt in any way either acting solely or with others, directly or indirectly to duplicate or reverse engineer LifeCheq’s proprietary processes, advice methodology, business model, software or financial models.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

You consent to the exclusive jurisdiction of the courts of the Republic of South Africa over any dispute about the Services or the Terms, even in the event that you are based outside of South Africa.

Force Majeure

If an event or circumstance out of our reasonable control ("Force Majeure Event") prevent either of us from performing their obligations under this Agreement, then those obligations will be suspended to the extent that and for as long as the affected party is unable.

A Force Majeure Event shall mean any event or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, labor disputes, civil unrest, government regulation, and natural disasters.

If a Force Majeure Event occurs, the affected party shall promptly notify the other party in writing of the nature and anticipated duration of the Force Majeure Event. The parties shall use reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance of their obligations under this Agreement as soon as possible.

If a Force Majeure Event prevents either party from performing its obligations under this Agreement for a period of more than 30 days, either party may terminate this Agreement by giving written notice to the other party.

Dispute resolution

Any dispute arising out of or in connection with this Agreement shall be resolved first by negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within 30 days, the dispute shall be submitted to binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa. The arbitration shall be held in Cape Town, South Africa, and the English language shall be used in the arbitration proceedings.

Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

LifeCheq's details

LifeCheq (Pty) Ltd (Reg No. 2015/332737/07) is licensed with the Financial Sector Conduct Authority (FSCA) in terms of the Financial Advisory and Intermediary Services Act to render advice and intermediary services under FSP number 46514.

Physical address: 306, 1 Thibault Square, Cape Town 8001

Tel: 021 286 1714

Website address: www.lifecheq.co.za

Email address: service@lifecheq.co.za