SOL TERMS AND CONDITIONS

Last updated: 25 April 2021

Please read these Terms carefully before using the SOL Platform because they affect your legal rights and obligations.

By registering with SOL and using the SOL Platform, SOL Website or SOL Account you confirm that you have read, understood and accepted the terms and conditions of this user agreement (this "Agreement"). If you don’t wish to be legally bound by these terms and conditions, then please do not register with SOL.

  1. INTRODUCTION
    1. Thank you for choosing SOL. SOL provides the SOL Platform which includes an online portal that gives you access to different Services, including receiving and making payments and third party services. Some of these Services offered by Authorised Third Parties may however be available through the SOL Platform. 
    2. Please note that SOL is not a registered bank in any jurisdiction. 
    3. SOL is a duly appointed juristic representative of PAL LIFE, (Registration Number 2009/212012/23) which is an authorised Financial Services Provider under the Financial Advisory and Intermediary Services Act No 37 of 2002 – FSP#43259. As such PAL LIFE renders financial services to Investors on behalf of SOL.
    4. SOL will be entitled to, but not be under any obligation, to monitor your use of the SOL Services. SOL may in its sole discretion, immediately and without notice, suspend or terminate your access to and use of the Services if we reasonably suspect you to be using the Services in breach of these Terms or any Applicable Laws. 
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  3. INTERPRETATION AND DEFINITIONS
    1. "Account" or "SOL Account" means the account that a User creates and registers through the Website or associated mobile applications in order to access the SOL Platform and Services;
    2. “Administrator” means PAL LIFE, (Registration Number 2009/212012/23) which is an authorised Financial Services Provider under the Financial Advisory and Intermediary Services Act No 37 of 2002 – FSP#43259, is the company that is approved by the Financial Services Board to provide administration services in respect of financial products on the instructions of an Investor.
    3. "Applicable Laws" means any law, by-law, ordinance, proclamation and/or statutory regulation which SOL or the User are required to observe by reason of the provision of the Services, use of or business with the Services and matters incidental thereto, including, but not limited to, any present or future legislation, measure, requirement, order, ordinance, rule, guideline, practice, concession, or request issued by any relevant authority, government body, agency or department, which is applicable to these Terms;
    4. "Authorised Third Parties" means third party banking, payment card, payment or other service providers, including service providers of value added services, which SOL has authorised to provide Services through the SOL Platform;
    5. "Beta Products" means all products or services still in beta testing phase;
    6. "Electronic Money" means money that is stored electronically and issued on receipt of funds, is generally accepted as a means of payment by persons other than the issuer, is redeemable for physical cash or a deposit into a bank account on demand and is essentially monetary value represented by a claim on the issuer; 
    7. "Fees" means the fees payable in relation to any Services and as more fully set out on the Website;
    8. “Investment Account” or “SOL Account” is the account opened by the Administrator for you through which the Product and transactions in relation thereto, is administered;
    9. “Investment Product” is a product chosen by you, with the express intention to earn a return on your investment;
    10. "KYC" refers to Know Your Customer and "KYC practices" means the practices implemented by SOL in relation to KYC;
    11. "Local Currency" means fiat or government issued currency, recognised as currency in the applicable jurisdiction (e.g. USD, EUR, ZAR);
    12. "Minimum Closure Amount" means USD10.00 or the equivalent in your Local Currency;
    13. "Minimum Unallocated Deposit Amount" shall mean, until otherwise determined by SOL, USD10.00 or the equivalent in your Local Currency. 
    14. "Personal Information" means all information about a User that can be used to identify the User;
    15. "Services" means the SOL Platform and the services supplied or made available by SOL or Authorised Third Parties to Users through the SOL Platform;
    16. "SOL", "us" and "we" means AK SOLWALLET SERVICES LTD (company registration number HE 402392), a company incorporated in terms of the laws of Cyprus, with its physical address at Arch. Kuprianou & Agiou Antreou 1, LOUKAIDES BUILDING, 2nd floor, office 21, Limassol, Cyprus, 3036; 
    17. "SOL Platform" means the Website, any associated mobile applications, websites or APIs to the Website;
    18. "SOL Platform Chat" means the communication function (Chat window) built into Website and associated mobile applications, or any designated link or contact number in other communication platforms (such as Whatsapp, Telegram, Viber or others), as described in Website and associated mobile applications;
    19. “SOL Value Store” is the asset-backing facility which allows contributions by you and other investors to be pooled, and which is either / and: a) a bank account opened with a registered bank in the name of the Administrator and / or SOL, or / and b) a portfolio under a collective investment scheme (i.e. a unit trust fund) administered by a unit trust manager; and limited to money market or equivalent low-risk funds. Based on deposits made by the Investor, the proportional ownership expressed in Units is assigned to the investor’s Investment Account.
    20. "SOL Wallet" refers to the means through which the SOL Account is accessed; 
    21. "Terms" means these terms in this legally binding agreement that regulate your use of the Services and our relationship with you;
    22. “Units” is your interest in or share of the assets held in the Investment Product. The amount of your contribution determines the number of Units you acquire.
    23. "User" and "you" means the person making use of the Services; 
    24. "Value Added Services" or "VAS" means value-added services such as mobile network airtime and/or pre-paid electricity; and
    25. "Website" means www.solcard.co.za, www.solwallet.co.za and/or www.solwallet.org, including all sub-domains.
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  5. SOL SERVICES
    1. We offer the SOL Platform through the Website and allow you to open a SOL Account and for purposes of investing into Investment Product and using the other Services of SOL Platform and authorized Third Parties, subject at all times to these Terms.
    2. You start investing in the Product by registering for a SOL Account using SOL App and providing supporting documents to the Administrator through the upload facility of the App. You will become an Investor once the Administrator has completed the applicable verification process and your first contribution has been received in the bank account. The Administrator will inform you of the acceptance of your application through the SOL App.
    3. You have to make investments into and retain investments in the Product to use the SOL Account and SOL Platform. When you use SOL Platform to buy or sell goods and services, a real-time transfer of ownership of Units takes place between you and the Merchant.
    4. Your contributions must be paid into the bank account nominated by Administrator in South African Rand, by way of the methods made available by the Administrator via the SOL Platform. There is no obligation on the Administrator to ensure contributions are made by you, or on your behalf. You can stop contributing at any time. Please note that where applicable fees and charges will continue to be levied against your Investment Account. Please note that your contributions may take up to 3 business days to be reflected in your SOL Platform due to the bank transactions speed.
    5. You must use your own unique reference number provided in the SOL App to make contributions. Failure to do so may result in your contribution to be greatly delayed or lost. You may claim your missing contribution at any time by contacting the Administrator via the SOL Platform Chat or any other means of communication provided by SOL Platform.
    6. The Administrator keeps an Investment Account for the Investor.
    7. The value of your Investment Account is directly linked to the value of your Units in the Cash Product, and is reflected as money available in your SOL App.
    8. The Administrator receives and accepts your instructions. Only electronic instructions will be accepted by the Administrator. All your electronic instructions to the Administrator must be completed using the SOL App made available by the Administrator. SOL Platform facilitates the transmission of your instruction from the SOL App to the Administrator.
    9. The value of the Investment Account is increased by further contributions and is reduced by fees, expenses and charges. Where the Investor selected an Investment Product, the value of the Investment Account will also be increased by positive investment returns and decreased by negative returns.
    10. The Administrator will collect and distribute the investment and/or transaction charges and fees payable in respect of your Investment Account.
    11. There may be a return on the investment in the SOL Value Store in the form of bank interest or an income distribution. Amount of the interest earned will be paid to the Administrator as part of its administration fee, which interest may be shared with the investor at the sole discretion of the Administrator. You therefore agree that you will not receive interest or other earnings on the funds that the Administrator handles and places in the SOL Value Store. In consideration for your use of the SOL Value Store, you irrevocably pay and assign to the Administrator any ownership right that you may have in any interest that may accrue on funds held in it. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants the Administrator any ownership right to the principal of the funds you maintain in the SOL Value Store. Income distributions earned on Investment Products, as selected by the investor, are excluded from this clause.
    12. You may withdraw some or all of your investment by selling the Units in the Investment Product at any time. When you withdraw part or all of any Investment Product, you may be taxed on capital gains (CGT). The entire amount requested, after deducting any fees and charges payable, and/or any tax, will be paid once all processing and regulatory requirements have been met.
    13. You may transfer ownership of the Units of Investment Account backing the SOL Value Store to another registered and verified SOL user at any time by instructing the Administrator via the App. When you transfer part or all of any Investment Product, you may be taxed on capital gains (CGT). The entire amount requested, after deducting any fees and charges payable, and/or any tax, will be transferred once all processing and regulatory requirements have been met.
    14. The Investor is the registered owner of this investment which is held in custody, on behalf of the Investor, with an approved nominee company, the Investors Independent Nominee (Pty) Ltd.
    15. During the course of the investment, any income or positive investment returns from the Cash Product will be paid to the Administrator as part of its administration fee, unless the Investor selected an Investment Product.
    16. The Administrator must be instructed to disinvest from the Cash Product, and the proceeds realised will be paid to the Investor’s designated bank account.
  6. LAWS THAT APPLY TO THE INVESTMENT
    1. The investment is subject to all the relevant laws of South Africa. Please note that changes to or replacements of any applicable law may change the terms and conditions. The most important laws that apply to you and the investment are:
      1. Collective Investment Schemes Control Act – “the Act”. This Act controls the administration of collective investment schemes and its unit trust portfolios. It must be read with the main deed entered into between the unit trust manager and its trustee.
      2. Financial Intelligence Centre Act – “FICA” This Act requires that the Administrator establish and verify your identity before accepting your Investment Application to prevent money laundering and terrorist financing.
      3. Financial Advisory and Intermediary Services Act – “FAIS” This Act controls the activities of anybody who gives advice or provides intermediary services to investors about certain financial products. It requires that such persons be licensed and that professional behaviour be controlled through codes of conduct.
      4. Banks Act This Act regulates the conduct of banks.
      5. Income Tax Act This Act deals with taxation of income, including dividends and capital gains, and any deductions that are allowed to be made in respect of such income.
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  8. SOL CARD
    1. "SOL Card" means a physical or virtual payment card, which may be issued by an Authorized Third Party and connected to your SOL Account by your request. which SOL has authorised to provide Services through the SOL Platform;
    2. SOL is not an owner or an issuer of SOL Card, and only provides services of delivering, activating, and topping up the SOL Card using the Local Currency stored in your SOL Account. SOL may charge you fees for these services as described in the Website;
    3. SOL will not be liable to you in respect of any Authorised Third Party Services made available to you, or Fees charged by Authorized Third Party for using the SOL Card, even if such Authorised Third Party Services are made available to you through the SOL Platform;
    4. SOL will use all reasonable endeavours to assist you in case of any issues with Authorised Third Party Services or Fees, including SOL Card. To get such assistance, you may contact SOL via SOL Platform Chat.
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  10. IMPORTANT DISCLAIMER AND RESTRICTIONS
    1. It is your sole responsibility to identify, understand and comply with all Applicable Laws that may apply in your jurisdiction when you access or use the SOL Services. These include for example applicable tax, exchange control, import and export and foreign currency laws. You take note that your jurisdiction may not allow use of the SOL Service in which case you agree not to use the SOL Service. 
    2. Authorised Third Party Services made available through the SOL Platform will be regulated by the terms and conditions of the applicable Authorised Third Party and SOL will not be a party to the agreement between you and the Authorised Third Party. SOL will not be liable to you in respect of any Authorised Third Party Services made available to you, even if such Authorised Third Party Services are made available to you through the SOL Platform.
    3. SOL does not endorse the accuracy or reliability of any information, statement, opinion, or other content contained on the Website or provided in the Services, and such content does not constitute legal, financial, professional or other advice and should not be used to obtain credit, make investments of any nature or make financial decisions or for any other commercial purposes.
    4. All information provided on the Website or with the Services are provided for information purposes only. You should therefore not rely on it when making any decisions or when transacting through the SOL Platform.
    5. If you rely on the information on the Website or with the Services, you do so strictly at your own risk. SOL will not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the SOL Platform or with the Services.
    6. All information provided on the SOL Platform and with the Services is the intellectual property of SOL and are subject to these Terms and Applicable Laws.
    7. All Services provided in terms of these Terms are provided “as is” and for the purpose of testing and providing feedback. The SOL Platform and SOL Account are still in beta testing phase and SOL makes no representations or warranties, express or implied, regarding the Beta Product(s), including any representation that the Services thereunder will be uninterrupted or error-free. To the fullest extent permitted under Applicable Law, SOL disclaims any implied or statutory warranty, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose in respect of the Beta Product(s). For the avoidance of doubt, all Beta Product(s) are pre-release, are expected to contain defects which may be material, and are not expected to operate at the level of performance or compatibility of a final, generally available product offering. The Beta Product(s) may not operate accurately and may be substantially modified prior to public availability or withdrawn at any time. Accordingly, access to and use of the Beta Product(s) is entirely at your own risk. In no event shall SOL be liable for any damage whatsoever arising out of the use of or inability to use the Beta Product(s), even if SOL has been advised of the possibility of such damages. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of any Beta Product.
    8. You agree to indemnify and hold SOL, its officers, directors and employees harmless from any losses (including attorneys’ fees) that result from any third party claims related to a User’s access, use or misuse of the Beta Product(s), or any act or omission by a User in violation of this Agreement.
    9. No information available on the SOL Platform or in the Services or provided by any employee, agent or affiliate of SOL, will constitute financial, investment, other professional or other general advice. 
    10. You are solely responsible for any decisions in relation to the use the SOL Platform, and such decision should take into account your risk tolerance and financial circumstances. You should consult your legal, tax, investment and other professional advisors before using the Services. 
    11. You may be liable for payment of tax in relation to any transactions performed through the Services. It is your responsibility to obtain your own tax advice and you will be liable for the payment of any tax that you may be liable for in any jurisdiction resulting from your use of the SOL Platform and Services. SOL will not be liable for any taxes in relation to transactions through the Services.
    12. International export controls, economic sanctions requirements or other regulatory approvals may apply or be required when you use the Services. It is your sole responsibility to ensure that you comply with any of these requirements and obtain the required approvals. You may not use the SOL Platform or Services if: 
      1. you are in or under the control of, or a resident of any country subject to United States embargo, UN sanctions, the HM Treasury financial sanctions regime; 
      2. you are on the list of the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime; 
      3. you intend to supply any acquired or stored value, or transact with people or businesses operating in any country that is subject to United States embargo or HM Treasury's financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime; or
      4. you are a South African resident and intend to use the SOL Platform to transfer Local Currency to persons or entities that are not South African residents, if such transfers are done in contravention of South African Exchange Control Regulation 10(1)(c);
  11. and SOL reserves the right to suspend or terminate your SOL Wallet immediately and/or to restrict or prohibit any or all of your transactions if you breach, or if SOL reasonably suspects that you are in breach of the above restrictions or any other Applicable Laws and SOL reserves the right to report any such suspect activities to the relevant regulatory authorities without warning or notice to you. 

     

  12. WHEN DO THESE TERMS APPLY?
    1. These Terms apply when you use the SOL Platform or the Services and when you register for and open a SOL Account. 
    2. We reserve the right to refuse any request for our Services without notice or reason.
    3. These Terms will also apply to any future services and interaction channels that may be made available by us unless stated otherwise. 
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  14. OTHER APPLICABLE TERMS
  15. Your use of the Services will be regulated by these Terms as well as any other terms that are available on the Website ("the Additional Terms"). The Additional Terms include the privacy policy governing the use of your Personal Information ("the Privacy Policy") and any other specific terms applicable to a specific Service. If there is a conflict between these Terms and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) any specific terms relating to a specific Service; (2) these Terms; and (3) the Privacy Policy.

     

  16. CHANGES TO THESE TERMS
  17. We may change or add to these Terms, change or cancel the Services or offer new Services to you from time to time, change or remove the Website from time to time, at our discretion. We will notify you of any material changes with a prominent notice on the Website and through the SOL Platform Chat service in your Account, each time that you access the SOL Platform or Account. You may only continue to use the Services, if you agree to the new or amended Terms applicable at the time. 

     

  18. DURATION OF THESE TERMS
  19. Simply, these Terms (as amended) apply for as long as you use our Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Services.

     

  20. USER RISKS
    1. Your financial and investment situation and needs and your risk tolerance may result in you not being a suitable User of the Services to use Investment Product. 
    2. You have taken note of these and any other relevant risks relating to the transactions available through the Service and accept and agree that you are solely responsible for any decision to register for and use the Services. 
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  22. USING THE SOL WALLET AND SOL ACCOUNT
    1. Once you have registered a SOL Account you can make payment of Local Currency into the specified SOL bank account that a SOL operating entity in your jurisdiction will operate and manage. The payments will be allocated to your SOL Account for transacting through the SOL Platform and for purchasing VAS or other Services offered by Authorised Third Parties only. You agree that SOL may share your Personal Information with the local SOL operating entity and Authorised Third Parties to process transactions as instructed by SOL.
    2. You will receive a reference number for every payment made which you must use as a reference where so required.
    3. You make payment subject to the following terms:
      1. You may not make payments by cheques;
      2. You may only make payments in a manner as specified on the Website or in the associated mobile applications; 
      3. You may only make a payment for the purpose of purchasing goods or services through the SOL Platform; 
      4. Unless the payment qualifies as a “Single Europe Payment Areas” transfer, you may only make a payment in Local Currency associated with your SOL Wallet. For example, if you have a ZAR wallet, you may only make deposits in South African Rand;
    4. If you breach, or if SOL reasonably suspects that you are in breach of any of the terms in clause 10.2, SOL may suspend or terminate your SOL Wallet immediately, or there may be a delay in the payment being allocated to your SOL Wallet.
    5. In addition, you take note that delays may be caused by operational or managing processes or different processing times being applied by the different applicable banks. Although SOL will take all reasonable care to allocate all payments made in terms of this clause 10, SOL will not be liable for any delay or failure of a payment to reflect timeously. 
    6. You will be able to request a withdrawal of the proceeds from a transaction through the SOL Platform or the advance payments available in your SOL Wallet if you no longer wish to proceed with transactions through your SOL Wallet. 
    7. Where any Local Currency in your SOL Wallet is not used for a period exceeding three months, or you withdraw Local Currency from your SOL Account in less than 5 days from depositing it, without using for any transactions, then SOL may charge and obtain from you an "Inactivity Fee" as specified on the Website, which shall be collected from the Local Currency held in your SOL Account. 
    8. If you retain funds in your SOL Account and SOL detects inactivity of your SOL Account as determined by SOL, SOL will notify you through the SOL Platform Chat service. The law in your jurisdiction may require us to report and deliver the funds to the relevant authorities as unclaimed property if we cannot get hold of you. If the law permits, SOL will deduct a fee for the inactivity as specified on the Website. In the event of SOL being unable to contact you and being required to deliver your funds to any relevant authority, you indemnify and hold SOL harmless for any loss that you may suffer.
    9. If you make a payment of less than USD10.00 or the equivalent in your local currency that we cannot allocate within a month of being deposited, SOL will retain the amount as a service fee and you accept and agree that you shall have no further claim or entitlement to such funds.
    10. Depending on your jurisdiction, as part of the Services, we may offer that you purchase Value Added Services like airtime or pre-paid electricity or other Services from Authorised Third Parties through the SOL Platform. These transactions will be subject to the agreement entered into with the Authorised Third Party and SOL will not be liable for any claim against or dispute between you and the Authorised Third Party.
    11. You must take note that in some cases the agreement with the Authorised Third Party will require direct instant payment from your SOL Account to settle the purchase price of the goods or services purchased from the Authorised Third Party.
    12. Even though SOL may implement reasonable KYC processes, SOL cannot warrant Users’ identities and you accept responsibility for the correctness of all transaction details before you submit an instruction to proceed with a transaction through the SOL Platform. 
  23. WITHDRAWING FROM YOUR SOL WALLET
    1. If you want to withdraw the proceeds from a sale through the SOL Platform or if you no longer wish to proceed with transactions through your SOL Account, you may request from SOL to withdraw the proceeds or advance payments made in relation to the Services and pay it over to your local bank account if you have added your local bank account details to your SOL Account. SOL will process all such requests in terms of your instructions as soon as reasonably possible, but cannot guarantee any time period. No withdrawals to third parties are allowed. Any other withdrawal processes will be specified on the Website.
    2. You are solely responsible to provide complete and correct banking details when adding your bank account details to your SOL Account and SOL will not be liable in the case where you provide incorrect information. Once SOL has acted on your instructions it would not be possible to reverse the withdrawal.
  24. YOUR ACCOUNT AND INFORMATION
    1. In order to access the Services, you must create an Account by providing the required information to SOL. SOL will process your Personal Information in accordance with its privacy policy on the Website. Once you have created an Account, you will be a User and Investor for purposes of these Terms. You must keep you information up to date.
    2. You may not provide any Personal Information of third parties to SOL and you agree to only provide your own Personal Information.
    3. You are solely responsible to keep your Account access credentials safe. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we may assume that the person using the SOL Platform or Services is you.
    4. You are not allowed to share your Account with other Users. Only you may use your Account to access the SOL Platform and Services and you may only use your Account and the Services for your own personal purposes. You are strictly prohibited from sub-licensing or commercially exploiting your Account or the Services.
    5. It is in your interests to familiarise yourself with our security requirements, guidelines and procedures that we communicate from time to time and you should follow these carefully.
    6. You must inform us immediately if there has been, or if you suspect, any breach of security confidentiality of your Account, and update your Account access credentials.
    7. SOL will process all transactions in relation to your SOL Wallet on your or your purported instructions and will accept all instructions in relation to your SOL Account to be actual instructions from you.
    8. You have an obligation to notify SOL immediately via email at support@solcard.co.za if you have received Local Currency in error, or if you suspect, or should reasonably have known or suspected that you have received it in error. You have no rights to such receipts and must act on SOL's instructions to return it.
    9. SOL implements reasonable measures to protect the security of your SOL Account as set out on the Website. Please consider all messages received from an address that purports to be from SOL carefully. All messages from SOL will be available on your SOL Account if you log in to the Website or associated mobile applications and will also be available through the SOL Platform Chat service in your Account. You should not act on any messages from domains other than solcard.co.za, solwallet.co.za or solwallet.org.
    10. You remain solely responsible to ensure that no third party accesses your SOL Account by securing your log on and sign in details, your password, personal identification number or any other information relating to your SOL Account and using any available security measures. You are also responsible for the security of your email account and phone number and two-factor authentication applications or devices relating to your SOL Account.
    11. If you don’t keep your SOL Account secure, unauthorised access to your SOL Account may result in Local Currency in your SOL Account being lost. SOL is not responsible or liable for any unauthorised access to your SOL Account, unless as a result of SOL’s actions or omissions.
    12. Attacks on your computer or equipment may compromise the security of your SOL Account. These typically include phishing, spoofing, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. It is your responsibility to do regular virus screening and run the necessary software to protect your computer and equipment. 
    13. To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your SOL Account and accept all risks of any unauthorised or authorised access to your SOL Account.
  25. KYC PROCESSES
    1. Whether required by applicable laws or not, SOL implements voluntary processes commonly referred to as Know Your Customer for purposes of combatting fraud and prevention money laundering and terrorist financing activities. 
    2. These KYC processes include that you will be required to provide us with certain specified Personal Information and supporting documentation as we determine in our sole discretion and depending on various factors, such as your jurisdiction, the nature of the Services provided to you and the limits that apply to the transactions you perform through your Account on the SOL Platform. You may not be able to use your Account until these or any further KYC processes that SOL may require during the term of the relationship between us, have been completed. 
    3. Where SOL requires KYC processes to be completed, you will not be able to complete a transaction until SOL is satisfied that you have complied with their KYC requirements.
    4. SOL will retain all KYC information for a reasonable period of time, considering internal business requirements and requirements in terms of applicable laws. 
  26. CANCELLATION AND SUSPENSION
    1. At any time, and without cause, we may cancel or suspend your Account or access to the Website and/or use of the Services in our sole discretion, without any liability if you are in breach of these Terms. 
    2. In addition, SOL may cancel your Account, terminate these Terms, suspend SOL's obligations if:
      1. we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms; 
      2. you have used the Website to breach the intellectual property rights of any third party; 
      3. you have not used your Account or the Services for a period that we regard you to become an inactive User; or 
      4. you have suspended any payments due by you in terms of these Terms to us.
    3. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
    4. Upon termination of these Terms:
      1. you must make all reasonable efforts to delete all parts of the Services held by you in any format whatsoever;
      2. you must immediately cease all use of the Services;
      3. we may delete your SOL Account and you will no longer be able to access any portion of the Website or Services that requires a SOL Account; and
      4. we will retain your Personal Information generated as a result of the Services for a reasonable period in line with our Privacy Policy.
  27. CLOSING YOUR SOL ACCOUNT
    1. If you want to close your SOL Account and stop using the Services, you must send a request to support@solcard.co.za or via SOL Platform Chat. SOL will close your SOL Account after any Local Currency in your SOL Account reaches the Minimum Closure Amount as referred to in clause 17.3 below and provided you did not transact through your SOL Account for at least the previous 3 (three) calendar days. These requirements intends to protect you against loss.
    2. You will not have access to the SOL Platform after your SOL Account has been closed.
    3. If there is any Local Currency left in your SOL Account at the time of closing the Account and it exceeds the Minimum Closure Amount, SOL will retain the funds as a closing fee.
  28. FEES
    1. The detailed information on Fees payable for the different Services available through your SOL Account and the SOL Platform are set out on the Website or where applicable on the Authorised Third Party’s website. Note that Fees may change from time to time without notice and the Fees as set out on the Website when you make use of the Service, apply at the time. A change in Fee will not affect any completed transactions.
    2. Depending on the type of Service, different Fees may apply to Users in different jurisdiction. 
    3. Examples of the Fees we may charge include, 
      1. Send and Receive fees;
      2. Deposit and Withdrawal fees;
      3. Exchange fees;
      4. Subscription fees;
      5. Inactivity Fees;
      6. Transaction Fees.
  29. PAYMENTS 
    1. Payment: payment of the Fees is required before you can use the Services. You warrant that you are authorised to use the relevant billing details provided when paying the Fees, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are enough funds to cover the Fees when they are billed. 
    2. Under no circumstances will SOL be responsible for any Fees incurred by you to an Authorised Third Party or any other third parties.
    3. Making payment: Fees are paid through direct set off against the available balance of Local Currency in your SOL Account at the applicable exchange rate at the time.
    4. Transaction records: we will make all documentation relating to transactions between you and us available to you in your SOL Account.
    5. Taxes: all Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under Applicable Laws, the User is responsible for any applicable taxes, whether they are listed on the transaction documents or not.
    6. Failed purchase: should payment for the Fees be unsuccessful, the User will be notified of this and will be able to attend to payment again. In the event of a failed purchase, the User will be unable to access the Services until the Fees have been successfully paid. If the Fees remain unpaid, SOL reserves the right to terminate your access to the Services and shall notify you of such termination through the SOL Platform Chat service in your SOL Account. 
  30. PROMOTIONAL CODES
    1. We may, at our discretion, make promotional codes available to you, providing a discounted fee.
    2. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.
  31. CHANGES TO THE SERVICES
    1. SOL shall inform Users of any material changes to the Services by manner of prominent notice on the Website and in the SOL Account. Continued use of the Services after this notice has been displayed shall be deemed as your acceptance of the changes.
  32. ACCEPTABLE USE POLICY
    1. Users may specifically not use the Services for the direct benefit of their own clients. The Services are made available for the personal, non-commercial use of the User only. 
    2. Some devices may not support the use of our Website or Services. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Services, including internet access capabilities.
    3. The use of our Services may be restricted to certain jurisdictions. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your jurisdiction. 
    4. You must respect our Services and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, but these will likely be good grounds:
      1. copying or distributing any of the content on our without our explicit consent to do so;
      2. providing any untrue or incorrect information to us;
      3. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website, including the security features or reverse engineering our Website;
      4. infecting our Website with any software, malware or code that may infect, damage, delay or impede the operation of our Website or which may intercept, alter or interfere with any data generated by or received through our Website;
      5. using malicious search technology, including, but not limited to, spiders and crawlers;
      6. deep linking to any pages of our Website or engaging in any other conduct in a way to suggest that you are the owner of any intellectual property in our Services; 
      7. allowing any third party to use your Account in any manner other than as permitted by these Terms; or
      8. using our Website to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws. 
  33. ELECTRONIC MESSAGES AND COMMUNICATION
    1. You consent and agree that we will use electronic notices on the Website and through the SOL Platform as our communication tool for all communications relating to our Services or these Terms. If you object to receive electronic communications in this manner, SOL will not be able to offer the Services to you and will cancel your SOL Account.
    2. It is your responsibility to ensure that you have and keep updated the necessary hardware, software, connectivity and where applicable a valid email address to receive and retain all electronic communications. You can update your contact details through your Account by using the Settings page on the Website.
    3. Please note that by accepting these Terms and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws. This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.
  34. SOCIAL MEDIA INTEGRATION
    1. The Website may allow you to create an account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram.
    2. If you proceed to use our Services in such context, then the relevant social media websites' rules will also apply, and you agree to such integration.
  35. THIRD PARTY SITES
    1. We may provide certain hyperlinks to Authorised Third Party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any Authorised Third Party on our Website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
    2. SOL is not responsible or liable for any rights you may have against the Authorised Third Party for the delivery and quality of the goods and services purchased or the use of their platforms.
    3. If you access and use any Authorised Third Party websites, apps, products, services, and/or business, you do that solely at your own risk.
  36. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)' property and will remain our or the owner's property at all times.
    2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services.
  37. WARRANTIES AND REPRESENTATIONS

    Subject to Applicable Laws:

    1. we give no guarantee of any kind concerning the content or quality of our Services and our Services are not to be considered as advice of any kind;
    2. we do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose; and
    3. we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Services and/or the information, images or audio contained on the Website. Our Services are used at your own risk.
    4. you warrant to and in favour of us that:
      1. you are a South African resident or citizen;
      2. you are not a United States of America resident or citizen;
      3. you are at least 18 years old and have the legal capacity to agree to and be bound by these Terms; and/or
      4. you will only open one SOL Account and only in your own name and at all times only access or attempt to access your own Account;
      5. you will only use your SOL Account if you have the required Local Currency available for the intended transaction;
      6. you will not carry out transactions on behalf of a third party;
      7. you will not use your SOL Account for any illegal activities or in breach of any Applicable Laws; and 
      8. these Terms constitute a contract valid and binding on you and enforceable against you. 
    5. Each of the warranties given by you will:
      1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
      2. continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and
      3. be deemed to be material.
  38. LIMITED LIABILITIES
    1. To be clear:
      1. we will not be liable for any loss arising from your use of the Services or any reliance on the information presented on the Website or in the Services or provided by SOL as part of the Services;
      2. we will not be liable to you for any loss caused by using our Services or your liability to any third party arising from those subjects. This includes but is not limited to:
        1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;
        2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and
        3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website, or third-party systems or programming defects;
      3. we will not be liable if any material available for downloading from the Website is not free from infection, viruses and/or other code that has contaminating or destructive properties;
      4. the Website may include inaccuracies or typo's – in such instances we can't be held liable and can't be forced to comply with offers that are genuinely (and/or negligently) erroneous;
      5. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
      6. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
    2. If an applicable jurisdiction does not allow an exclusion of liability on SOL, in any matter results in a valid claim against SOL, SOL's liability will be limited to the Fees paid by the User in respect of the Services supplied under these Terms. 
  39. INDEMNITY
  40. You indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from negligence, intent, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives or any other action or omission of any nature.

  41. FORCE MAJEURE
  42. Except for the obligation to pay the Fees, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers). 

  43. REGULATORY RISK
    1. There exists a material risk that regulatory authorities, tribunals and/or courts having jurisdiction over SOL and its Users in terms of Applicable Laws may differ in their interpretation of the Applicable Laws, may promulgate laws, regulations, advisory notes or industry recommendations in future that may potentially have an adverse effect on SOL and its ability to administrate the SOL Platform as intended and you are advised to note that SOL reserves the right to unilaterally alter the terms and conditions to comply with the relevant Applicable Laws as amended and as required from time to time. SOL may further make any reasonable changes to its process or take any reasonable steps necessary (which may include suspension of access to the SOL Platform to Users) to adhere to Applicable Laws and rulings, orders, notices or other recommendations from regulatory authorities and shall accordingly inform all participants in writing of such changes or steps taken.
  44.  

  45. GENERAL
    1. Dispute: If any dispute arises in relation to the Services, the SOL Platform, your SOL Account or these Terms, you will notify SOL of the dispute and the parties will use their best efforts to resolve the dispute and attempt informal resolution of without instituting legal action in any court or other similar forum.
    2. Suspension of the Website: we may temporarily suspend the Website or SOL Platform for any reason, including repairs or upgrades to the Website or other systems. SOL will take reasonable efforts to notify Users of such suspensions in advance. 
    3. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.
    4. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law. 
    5. Law and jurisdiction: these Terms and all obligations connected to them or arising from them shall be governed and interpreted in terms of the laws of the Seychelles. Each party submits to the jurisdiction of the courts in the Seychelles. 
    6. Good faith: the parties shall in their dealings with each other display good faith.
    7. Breach: subject to any other provisions in these Terms allowing for immediate cancellation or suspension of your SOL Account, if either party to these Terms breaches any material provision or term of these Terms and fails to remedy such breach within 5 (five) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
    8. No waiver: the failure of SOL to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of SOL's right to enforce any such provision or right in any other instance.
    9. No assignment: the User will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of SOL.
    10. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
    11. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    12. Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
    13. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.
    14. Notices: 
      1. SOL selects support@solcard.co.za as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms. 
      2. You hereby select the SOL Platform Chat service in your SOL Account for service of all formal notices and legal processes in connection with these Terms. It is your responsibility to provide us with an email address for notice if your SOL Account is closed. 
      3. Service via email or electronic platforms shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.