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Momentum Terms and Conditions

1. General Terms and Conditions


1.1 Definitions

In this End-User License agreement (“user agreement”), the terms below have the following meanings:
1.1.1
Digital Platform” means the Momentum internet website (accessed via www.momentum.co.za) and/or any Momentum Apps.
1.1.2
Momentum” means a division of Momentum Metropolitan Life Limited Registration number: 1904/002186/06 and any of its affiliates or subsidiaries.
1.1.3
Momentum Apps” means any online application Software that is provided by or is connected with Momentum that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.4
Personal Information” means information relating to you or any person, including, but not limited to, information relating to:
  • race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, wellbeing, disability, religion, conscience, belief, cultural affiliation, language and birth;
  • education, medical, financial, criminal or employment history;
  • any identifying number, account or client number, password, pin code, symbol, e-mail address, domain name or IP address, mobile device identifier, physical address, cellular phone number, telephone number or other particular assignment;
  • blood type, fingerprint or any other biometric information;
  • personal opinions, views or preferences;
  • correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence);
  • the name of the person, if it appears with other Personal Information relating to such person, or if the disclosure of the name itself would reveal information about the person; provided that such Personal Information is not in the public domain or held by a public body and is publicly accessible.
1.1.5
Software” means collectively: (i) online application software that is provided by or is connected with Momentum (ii) all the contents of the software under this user agreement, including the object code form of the software; and (iii) upgrades, modified versions, updates, additions, and copies of the software, if any, in respect of which the rights are granted to you under this user agreement.
1.1.6
working day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
1.1.7
you” or “your” means the end user (either an individual or an entity) of the Digital Platform.
1.2 Conditions and right of use
1.2.1
This user agreement is between you and Momentum. Momentum grants you a non-exclusive, non-transferable right to use the Digital Platform under the terms and conditions set out below. No agreement will be concluded between you and Momentum if you are under the age of 18 years.
1.2.2
You (i) accept the right granted to you in terms of clause 1.2.1 above; (ii) are authorised only to use the Digital Platform for your own purposes in relation to this user agreement and shall not exploit it for commercial gain under any circumstances whatsoever; and (iii) acknowledge that you obtain no rights of ownership in the software whatsoever.
1.2.3
By using the Digital Platform, you acknowledge that you have read, understand and expressly agree to the terms and conditions of this user agreement. In the event that you do not agree to these terms and conditions, please do not continue using the Digital Platform.
1.2.4
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Digital Platform, your cell phone provider may, depending on the type of contract you have, charge you for accessing the Digital Platform or for any usage of the Digital Platform (such as data charges and SMS charges). Momentum cannot be held responsible for these charges.
1.2.5
If you use the Momentum App, then the following will apply:
1.2.5.1
there will be no charge for data usage except in the instances as set out in clause 1.2.5.2 below. This only applies when accessing the Momentum App via your mobile data and not via WIFI.
1.2.5.2
data charges will be incurred for and include but are not limited to, use of Google maps, if the Momentum App is opened or accessed via VPN (Virtual Private Network), if analytic reports are generated, if you are using the Momentum App outside of South African borders or in the case of any malicious use (see clause 1.6.2 below) of Momentum App by a user.

Please note: if you are an MTN client, your no charge for data usage is capped by MTN. This means that should you reach your daily limit and then access the Momentum App, you may incur data charges.
1.2.5.3
Momentum in its sole discretion reserves the right to revoke the offering of no charge for data and may provide you with less than 24 hours’ notice of such cancellation.
1.3 Commencement and Termination
1.3.1
This user agreement is effective from the first date you download and install the Momentum App or access the Digital Platform. You may terminate this user agreement at any time by permanently deleting, destroying, and returning, at your own costs, the Momentum App, all backup copies and all related materials provided by Momentum.
1.3.2
Momentum may automatically and immediately terminate the licence granted hereunder without notice if you fail to comply with any provision of this user agreement.
1.4 Your profile
1.4.1
If you use the Digital Platform, you agree to keep your login details (your user name and password) a secret and not allow any other person to use it. Should you enable and use fingerprint authentication to access the Digital Platform from your mobile device, you agree to take precautionary measures to keep your device safe from any unauthorised access.
1.4.2
You accept full responsibility for any activity/transaction that occurs under your login details, even if you have shared your user name and password. Any use of your login details shall be regarded as if you were the person using such information.
1.4.3
When choosing a user name and/or password, Momentum may specify certain requirements that you will need to meet. These requirements may change from time-to-time and you may be required to update your credentials.
1.4.4
Momentum may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
1.5 Changes to this user agreement
1.5.1
Momentum reserves the right to change any of the terms and conditions contained in this user agreement at any time and in its sole discretion.
1.5.2
When Momentum makes changes, to Ts and Cs, you will be presented with the latest version (or notification that the Ts and Cs have been updated) the next time you access the Digital Platform. You will need to accept the updated Ts and Cs (or acknowledge that you are aware that changes have been made to Momentum’s Ts and Cs) before you can continue using the Digital Platform. Any changes will be effective immediately upon posting on the Digital Platform.
1.5.3
Your continued use of the Digital Platform following the posting of changes will constitute your acceptance of such changes. You undertake to review this user agreement whenever you visit the Digital Platform.
1.6 Restrictions on license
1.6.1
You shall not (i) except to the extent as may be permitted by law, modify, translate, correct any error, defect or operating anomalies or create derivative works based on the Software and Momentum App, nor reverse assemble, decompile or reverse engineer the Software and Momentum App, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Software and Momentum App or any files contained in or generated by the Software and Momentum App, nor shall you permit, whether directly or indirectly, any third party to do any of the foregoing; or (ii) sell, lease, encumber, sublicense, lend, transfer or assign the Software and Momentum App to any other third party.
1.6.2
You must not misuse the Software and Momentum App by introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software and Momentum App. You are responsible for making all arrangements necessary for you to have access to the Digital Platform, and for ensuring that all persons who access the Digital Platform through your internet connection and or device are aware of the terms and conditions of this user agreement and that they comply with it.
1.6.3
You agree that you shall only use the Digital Platform in a manner that complies with all applicable laws in the jurisdiction in which you use the Digital Platform, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.
1.7 Intellectual property rights
1.7.1
The Digital Platform, Software and Momentum App, and all rights, including, without limitation, intellectual property rights therein, are owned by Momentum and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable laws of the Republic of South Africa.
1.7.2
You agree that you have no intellectual property rights whatsoever in the Digital Platform, Software and Momentum App. The structure, organisation, and code of the Software and Momentum App are the valuable trade secrets and confidential information of Momentum and/or its licensors and affiliates.
1.7.3
You will notify Momentum of any claim which may be made alleging that the Software and Momentum App infringes the intellectual property rights of a third party as soon as you become aware of any such actual or potential claim.
1.7.4
You shall immediately bring to the attention of Momentum any infringement or suspected infringement by any third party of any of the intellectual property rights in the Software and Momentum App of which you are aware.
1.8 Disclaimer
1.8.1
Although Momentum is committed to providing you with the best possible service you acknowledge that the Digital Platform is provided “as is” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither Momentum, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Digital Platform and its services.
1.8.2
Momentum shall not be liable for any loss or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on the information contained in the Digital Platform.
1.8.3
The Digital Platform has not been written to meet your individual requirements and there is no warranty by Momentum or by any other party that the functions contained in the Digital Platform will meet your requirements or that the operation of the Digital Platform will be uninterrupted or error free.
1.8.4
You assume all responsibility and risk for the selection of the Digital Platform, Software and Momentum App to achieve your intended results and for the installation, authentication methods to gain access, use, and results obtained from it.
1.8.5
The Digital Platform is provided by Momentum on an “as is” and “and available” basis.
1.8.6
Momentum does not guarantee the operation of the Digital Platform and use thereof is at your own risk.
1.8.7
While Momentum is committed to exercising due care it does not guarantee that the Digital Platform, its tools and servers and/or systems are free from viruses or other harmful components.
1.8.8
To the maximum extent permitted by applicable law, Momentum, its employees and licensors shall not be liable to you or to any third party for any liability, losses, damages and/or costs or expenses whether special, direct, indirect and/or of a consequential nature including but not limited to loss of income, loss of profits, loss of business information, business interruption, death or personal injury caused by any nature whatsoever or arising out of the use of or inability to use the Digital Platform, any defect or error in the Digital Platform or any failure in the performance of the Digital Platform and you hereby indemnify Momentum against any such liability.
1.8.9
Momentum is committed to providing you with the best possible service but will not be held liable for:
1.8.9.1
any interrupted, delayed or failed transmission, storage or delivery of information due to power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other events, circumstances or cause beyond the reasonable control of Momentum;
1.8.9.2
any inaccurate, incomplete or inadequate information supplied by you via the Digital Platform;
1.8.9.3
any direct or indirect loss or damages relating to any events described in this clause or the clauses above, your actions or omissions that result in a breach of this user agreement, a denial of access to the Digital Platform should we believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or place Momentum in disrepute.
1.8.10
It is very important that you acknowledge and understand that:
1.8.10.1
any information provided via the Digital Platform should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any advice, financial services or financial products;
1.8.10.2
if you have Momentum contracts, policies and/or other Momentum-related products, you will remain bound by the terms of such contracts and any specific conditions of use related thereto.
1.9 Third-party websites
1.9.1
As a convenience to you, the Digital Platform may contain links to other websites belonging to and/or operated by third parties. These third-party websites are not under the control of Momentum and by making these links available, we are not endorsing these third-party websites, their content, products, services or the owners.
1.9.2
It is your responsibility to ensure that you obtain any information which may be relevant to making a decision, and that you read the privacy and security policy on such third-party websites. Momentum 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 and/or software. You agree that where you access third party websites you do so entirely at your own risk.
1.9.3
Momentum may from time-to-time employ third parties and or their software to assist with certain services and aspects of the Digital Platform. We make every effort to ensure that such third parties comply with our Privacy and Security policies and hold them accountable for any non-compliance.
1.9.4
Momentum seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only our Digital Platform but also such third-party websites.
1.10 Governing law
1.10.1
This user agreement will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa. By accessing and using the Digital Platform, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

2. Privacy notice

2.1
In this Privacy Notice, “Personal Information” and “Digital Platform” shall bear the same meanings as defined above in the General Terms and Conditions.
2.2
Momentum and its employees respect your privacy and voluntarily subscribe to the principles set out in Section 51 of the Electronic Communications and Transactions Act, 2002 (under its Privacy Policy) and the Protection of Personal Information Act, 2013 to make sure that you are always protected when supplying us with Personal Information.
2.3
Momentum will not collect, collate, process or reveal your Personal Information without your permission, unless we are legally required to do so.
2.4
We will only electronically request, collect, collate, process or store your Personal Information if it is lawful for us to do so.
2.5
We will collect your Personal Information whenever you use the Digital Platform, contact Momentum electronically, or use one of our products, services, facilities or tools on the Digital Platform.
2.6
If you provide any information about your spouse and dependants, we may process their Personal Information for the activation of a product or benefit and to pursue their legitimate interest. If you are giving consent for a minor (person under age 18) you confirm that you are a competent person and that you have authority to give consent for them.
2.7
You agree that we may process your Personal Information for all purposes related to the Digital Platform in order to provide you with the best possible services which includes the following:
  • to contact you if we need to obtain or provide you with additional information; to verify the accuracy of our records; or to contact you regarding customer satisfaction surveys;
  • to contact you regarding current or new products or services offered by Momentum (unless you have opted out from receiving marketing material from Momentum);
  • to inform you of new features, special offers and promotional competitions offered by Momentum (unless you have opted out from receiving marketing material from Momentum);
  • to improve your experience on our Digital Platform and/or Momentum App by, for example, monitoring your browsing habits or for research purposes; and
  • Personal Information that is provided voluntarily may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when you have opted-in to possible follow up research. This information may be shared with other entities within Momentum.
2.8
You agree that we may share and combine your Personal Information within the Momentum Group of companies for any of the following purposes:
  • to provide you with customised benefits and services across the Momentum Group;
  • Administration and fraud prevention; and
  • for marketing, statistical and research purposes.
2.9
We will not reveal your Personal Information for any purpose other than the ones we inform you of. We will also not give your Personal Information to an unauthorised third party without your consent, or unless we are legally required to do so.
2.10
You agree that we may transfer your Personal Information outside South Africa if you give us an email address that is hosted outside South Africa or for certain administration services like cloud services. We will ensure that we will enter into any necessary and reasonable data transfer agreements with any person who receives your Personal Information outside of South Africa.
2.11
To ensure that our records are up to date, you must notify us if any of your Personal Information we hold changes or is no longer valid.
2.12
You have the right to know what Personal Information we hold about you. You can request a copy of the Personal Information we hold about you. We may charge a fee for this request and will communicate this with you at the time of your request.
2.13
You have the right to update or ask us to update, correct or delete your Personal Information. We may be required to keep your Personal Information as required by the law.
2.14
We will take appropriate, reasonable technical and organisational steps to protect your Personal Information from loss, misuse or unauthorised alteration. We will make every effort to make sure that your Personal Information is kept confidential and secure, by storing it on our secure database.
2.15
We keep all recorded financial information strictly confidential. This means we will not disclose this information to any third-party that does not have right or title to it.
2.16
We take reasonable and necessary precautions to secure your transactions on our Digital Platform; however we cannot guarantee the confidentiality of your transactions.
2.17
Momentum will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information;
2.18
We will provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
2.19
Momentum will not be held legally responsible for any Personal Information that you reveal to a third-party, which has a link on the Momentum Digital Platform. It is important that you refer to that third-party's privacy policy before you reveal any of your Personal Information.
2.20
Momentum may use your information for marketing purposes within Momentum and may send you promotional material or information that may be of interest to you. Please let us know if you do not wish to receive any direct marketing from us.
2.21
Momentum will not retain your Personal Information longer than the period for which it was originally needed, unless Momentum is required by law to do so, or you consent to Momentum retaining such information for a longer period.
2.22
Upon your request, we will promptly return or de-identify any and all of your Personal Information in our possession or control, except the Personal Information which Momentum is legally obliged to retain.
2.23
This Privacy Notice may be amended from time to time without any notice to you. Every time you use our Digital Platform, you are automatically bound to the Privacy Notice available at that time.

3. Cookies

3.1
The Momentum Digital Platform may make use of cookie and tracking technology, where information that you send while on the Digital Platform, is saved on your device. This allows the Digital Platform to recognise you on your next visit. This technology is useful for gathering information, such as the type of browser and operating system you use. The information will enable us to track the number of visitors to our Digital Platform and understand how visitors use it. Personal Information cannot be collected via cookie technology.

4. Web chat

4.1
We provide services and support to you as you navigate through the digital platform.
4.2
We will never ask you for account numbers or to log onto any banking or payment website through the digital platform. Do not share account numbers, pin codes or any personal financial information through Web chat.
4.3
We may keep transcripts of your web chat for quality purposes. We will not disclose web chat details to third parties, and will only use it to be of service to you, unless you authorise us otherwise. We may add your conversation information to your Momentum client profile.
4.4
We may not offer advice or give any form of intermediary service. If you require such a service, we will gladly refer you to a Momentum financial adviser.
4.5
We do not accept any liability for any loss you may incur because you have used or relied on the information that was provided via the service.

5. Promotion of access to information

5.1
In compliance with the Promotion of Access Information Act (PAIA) No.2 of 2000, and in terms of our commitment to promoting transparency, accountability and effective governance, Momentum respects your privacy and your personal information and as such; we take care to protect your personal information and to keep it confidential.
5.2
Momentum will only collate, process and disclose (i.e. “use”) your personal information with your written permission, unless where we are legally required to do so.
5.3
We will never use your personal information for any other purpose other than that which we disclosed to you; unless you give us your written permission to do so; or unless permitted or required to do so by law.
5.4
By using this digital platform, registering or applying online for any Momentum products or services, or contacting Momentum electronically, you confirm that we may share your information and your dependents and/or beneficiaries information within Momentum Metropolitan Life Limited for administration and fraud prevention purposes; or where required to provide group-wide services, benefits and infrastructure to assist you in your personal or professional capacity.

6. Accessibility

6.1
Users of the digital platform have equal access to content. The digital platform complies with best practice and accessibility standards to allow for meaningful interaction, regardless of abilities or disabilities by providing:
6.1.1
Resizable fonts and images so that users with poor eyesight can enlarge text and images for easier viewing.
6.1.2
High contrast text allows the digital platforms background colour to be changed to allow for easier viewing. Expressively named links appear in different colours to make it easier for colour-blind users to view screen content.
6.1.3
Image descriptions have image text labels that allow for visually impaired users to use text-to-speech software or text-to-Braille hardware.
6.1.4
Simplified mark-up allows users to select a plain text version of the content.
6.1.5
A navigation layout that matches HTML allows users with cognitive difficulties to read with screen readers. Users who are unable to use a mouse or standard keyboard can easily navigate the digital platform with a keyboard or single-switch access device.
6.1.6
The use of plain language helps users with dyslexia or learning difficulties to understand our digital platform content.

7. Copyright

7.1
The content on this digital platform, including all registered and un-registered trademarks are protected by copyright and owned by Momentum or third parties.
7.2
You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without prior written consent from Momentum or the copyright owner.
7.3
Nothing contained on this digital platform should be construed as granting any license or right of use of any intellectual property.

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