INVESTMINT TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES

By accessing or using www.investmint.co.za or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Pay Day Solutions (Pty) Ltd. (reg: [2015/102886/07]) (“Investmint”) or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”), in conjunction with any additional Investmint terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website remain at all times expressly reserved by Investmint.

Please see Investmint’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please read these terms carefully before accessing or using the Website or Services. Investmint will assume you have read and understood these terms should you continue to access or make use of the Website.

It is important to note the following:

• The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Investmint or its possession.
• Not all terms are necessarily defined in order.
• These terms were last updated on [05/06/2019].

1. INTRODUCTION TO THE WEBSITE AND SERVICES
   1. Investmint provides an online platform providing various services, including but not limited to allowing users to apply for bridge-financing, or applying for and receiving factoring finance solutions from independent and external third parties who can purchase, wholly or partially, invoiced debts sold by other users via the Website (collectively, the “Services”).
   2. These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from Investmint. Depending on the exact Services used, a user may also need to conclude additional agreements with Investmint, which agreements will contain more specific details relating to the exact Service acquired, including exact services and fees to be expected.
   3. In return for using some of the Services available, the user may have to pay a fee to Investmint or another third-party (“Fee”), but same Fee will be detailed in any further Service-specific agreement you may conclude with Investmint or another third-party.
   4. In order to use the Services, users must register on the Website using the prompted methods, and submit any required information to create a user Profile.
   5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Investmint uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
   6. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES
   1. When making use of either the Bridge-Finance or Factoring-facilitation services, the user will be privately transacting with other third-party/parties users, which parties shall privately transact with each other.
   2. FOR THESE SERVICES, INVESTMINT IS NOT INVOLVED IN THESE PRIVATE TRANSACTION BETWEEN INDEPENDENT USERS. INVESTMINT MAY PROVIDE INFORMATION TO A USER ABOUT A PARTICULAR INVOICED-DEBT, OR ABOUT A TRANSACTING USER, BUT THE USERS USING SUCH SERVICES DO SO ENTIRELY ON THEIR OWN USING THEIR OWN INFORMATION, EXPERTISE AND VOLITION, AND WITH NEITHER ADVICE NOR INTERMEDIARY NOR OTHER GUIDANCE FROM INVESTMINT.
   3. INVESTMINT IS NOT INVOLVED IN THIS PRIVATE TRANSACTION BETWEEN BUYER AND SELLER, OTHER THAN PROVIDING FACILITATION SERVICES ALLOWING THESE TWO PRIVATE USERS THE ABILITY TO TRANSACT WITH EACH OTHER.
   4. For all Services provided, Investmint does not have an employment, agent, intermediary, advisory, representative or broker relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise.
   5. Although Investmint carefully curates Profiles prior to being placed on the Website, Investmint is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
3. USER REGISTRATION PROCESS
   1. In order to make use of the Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
   2. Investmint requires you to submit your full name, e-mail address and phone number when registering a Profile. Users may then setup additional features of their Profile, depending on the exact Services acquired, as prompted by the Website.
   3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring a password together with your provided e-mail address in order to grant access to your Profile and data. To view or change your personal information provided, you can login to your account and view or change any personal information as needed.
   4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
   5. By submitting your personal information to the Website for its use in a Profile and for Services, you consent to Investmint using this information to facilitate a connection between you and another user.
   6. Please see Investmint’s Privacy Policy regarding more details on how Investmint uses your personal information.
4. THE SERVICES
   1. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
   2. For further and exact information on the various Services currently offered by Investmint, please consult the FAQ’s page on the Website and navigate to the relevant topic. If the answer to your question does not appear, please contact us.
   3. The following information regarding the Bridge-Financing Services and Factoring-Facilitation Services is general in nature, and is simply to indicate their general terms and characteristics. When you procure either of these two Services from Investmint, you will need to conclude a distinct agreement with Investmint and/or another user, as the context or Services require.
      
      Bridge-Financing Services:
      
      
   4. Should you wish to obtain bridge financing from another user, you will need to apply for same using the relevant prompts on the Website, and complete a Bridge-Finance Agreement with that other user, made available by Investmint.
   5. Subject to the conditions in the Bridge-Finance Agreement, you may only apply for such Bridge-Finance Services under the following conditions:
      1. The applicant user is a South African-registered juristic entity;
      2. The applicant user has an annual turnover of more than R1,000,000.00 (one million Rand); and
      3. The applicant user registers with and uses the prescribed and Website-prompted cloud-based accounting system, completes all information required therein and allows Investmint access to it to review.
   6. Upon application, Investmint will review your application and all other ancillary information, and will only make your application available on the Website once Investmint is satisfied that you have fulfilled all of their requirements, in their sole discretion. Your mere application for Bridge-Finance Services is no guarantee that you will in fact receive any such finance, Services or a concluded Bridge-Finance Agreement with another user, where same decision is entirely within the other user’s sole discretion.
   7. Due to the eligibility requirements applicable to the supply of any Bridge-Finance Services to you, the granting of such finance by users to another user, and the relationship formed relating thereto, is specifically excluded from the ambit of the National Credit Act, 2005 (“NCA”). As such, a user has no rights nor recourse under the NCA.
      
      Factoring-facilitation Services:
      
      
   8. Seller of invoiced-debt
      1. Should you wish to sell your invoiced debt to another private user via the Website, you will need to follow the associated prompts made available for that Service on the Website, and upload certain information about yourself and/or the relevant invoice and invoiced-debt.
      2. Once you make application for your invoiced-debt to be sold to another user, Investmint may request further or supporting information and/or documentation from you.
      3. If your application to have your invoiced-debt sold to another user is successful, your invoiced-debt will be made available to possible invoiced-debt buyers on the Website, who will approach you via the Website to purchase the invoiced-debt from you, where those two private parties will then conclude a private an “Invoice Trade Agreement” between them, which Invoice Trade Agreement will be made available for the parties to use when transacting with each other.
      4. Subject to the conditions in the Invoice Trade Agreement, you may only apply to be an invoiced-debt seller under the following conditions:
         1. The applicant seller is a South African-registered juristic entity;
         2. The applicant user has an annual turnover of more than R1,000,000.00 (one million Rand); and
         3. The applicant user registers with and uses the prescribed and Website-prompted cloud-based accounting system, completes all information required therein and allows Investmint access to it to review.
      5. Your mere application with Investmint to have your invoiced-debt made available for private purchase via the Website is no guarantee that you will in fact receive any such Services or a concluded Invoice Trade Agreement with another user. The decision to make your invoiced-debt available on the Website is entirely within Investmint’s sole discretion.
   9. Buyer of invoiced-debt
      1. Should you wish to purchase an invoiced debt made available by another private user via the Website, you will need to follow the associated prompts made available for that Service on the Website, and upload certain information about yourself and/or your purchase needs and/or abilities.
      2. Once you make application to purchase an advertised invoiced-debt to be sold by another user, Investmint may request further or supporting information and/or documentation from you.
      3. If your application to purchase another user’s invoiced-debt is successful, you and the seller will then conclude a private Invoice Trade Agreement between you, which Invoice Trade Agreement will be made available for the parties to use when transacting with each other.
      4. Subject to the conditions in the Invoice Trade Agreement, you may only apply to purchase an invoiced-debt under the following conditions:
         1. The applicant buyer is a South African juristic or natural entity;
         2. The applicant buyer is the age of majority and has the legal authority and capacity to conclude agreements.
      5. Your mere application with Investmint to purchase an advertised invoiced-debt made available, and from, another user via the Website, is no guarantee that you will in fact receive any such Services or a concluded Invoice Trade Agreement with another user. The decision to enable you to purchase an invoiced-debt from another user available on the Website, is entirely within Investmint’s sole discretion.
      Other General Service offerings:
   10. From time to time, Investmint may make use of, and display to users, other certain ancillary information which may or may not assist users in making their own choices relating to procuring particular Services, or engaging with certain users, or not.
   11. For further information on the exact Services available or applicable to you specifically, or generally, please contact who will gladly assist.
   12. To terminate your use of the Services or the Website, please see clause 16 below.
5. KYC AND AML REQUIREMENTS
   1. A user’s ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.
   2. Investmint may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction and the exact nature of the user, require that a user submit certain information to Investmint in order for the user to be verified as not infringing any of Investmint’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. Investmint reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by Investmint. Investmint also reserves the right to share this information with any legal authority when required under applicable laws.
   3. Investmint may restrict user transactions that may violate laws or Investmint’s internal KYC or AML conditions herein and as updated from time to time.
   4. As a minimum, the following rules are applied
      1. Users of the Investmint platform are required to provide Investmint with their proof of address and their identification documents which will be kept on file.
      2. For any investment made by an investor that exceeds one hundred thousand rand, Investmint will request the proof of payment of the investment from the investor in order to determine that the source of the investment originated from the investors personal bank account.
      3. If the total of an investors’ investments into agreements on the Investmint platform exceeds one hundred thousand rand over the course of a single month, Investmint will request the various proof of payments, from the investor, for the investments made in order to determine that the source of the funds is originating from the investors personal bank account.
      4. Should Investmint suspect that any user of the platform, be it a borrower or a lender, is utilizing the platform to launder money, facilitate criminal activity, or for any other purpose other than the purpose for which this platform was originally intended, Investmint reserves the right to report such activity to the relevant regulatory authorities and terminate the user/s account if Investmint deems it necessary to do so.
6. PAYMENT FOR SERVICES
   1. In return for providing certain Services to a user, the user will pay the following fees to Investmint as fair and due consideration:
      1. Bridge-Financing Services:
         1. The borrowing user will pay interest to the lender on the loan acquired from the lending user. Investmint will then take a percentage fee from the interest levied on the borrowing user, from the lending user.
         2. The exact percentage fee levied by Investmint off the interest amount will be determined by various factors such as the reliability and creditworthiness of the lender, but will always be made clear and available to the lender when concluding any such transaction.
      2. Factoring-facilitation Services:
         1. When functioning as a buyer or seller of invoiced-debt, and in return for Investmint providing the Services and facilitating the buyer and seller to privately transact, Investmint will charge the buyer an amount equal to R250 (two hundred and fifty Rand) per invoice traded, regardless of the number of invoices traded by any user.
         2. The seller gets paid out 85% (eighty-five percent) of the trade amount immediately, and on receipt of the full settlement of the trade amount from the buyer, Investmint we will pay the seller the remaining 15% (fifteen percent), less interest and Investmint fees.
   2. All amounts stated on the Website or in relation to Services shall include Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law.
   3. You may contact Investmint via email at to obtain a full record of your transactions with Investmint and/or facilitated via the Website.
7. REFERRAL PROGRAMME
   1. If you are an accountant or accountancy practice and/or a related service provider and would like to provide referrals of third-parties to the Website and Services, please contact us at referral@investmint.co.za.
   2. In return for providing such qualifying referrals of third-parties to the Website and/or Services, the referral provider will receive a referral fee from Investmint as fair consideration.
   3. In order to become a referral provider for Investmint, you will need to conclude an additional Referral Agreement with Investmint. This agreement contains all of the additional terms and conditions for the provision of such referral services to Investmint, including factors determining the requirements for referrals, as well as the referral fees payable.
   4. Mere application to Investmint to become a referral provider does not guarantee that you will automatically be contracted as one, where there are various factors applicable in making such a determination, including but not limited to:
      1. the party’s full and successful completion of the Referral Agreement with Investmint;
      2. the party being duly qualified and registered as an accountant or accountancy practice and/or a related service provider under applicable South African law
8. USER RESPONSIBILITIES AND WARRANTIES
   1. By using the Website and/or the Services, you warrant that:
      1. you have read and agreed to these Terms and will use the Website and Services in accordance with them;
      2. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
      3. you are the age of majority in your country of residence and possess the legal capacity and authority to act on your own and/or on behalf of your organisation, and lawfully possess and submit all information to the Website or Investmint for the use of it or the Services;
      4. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
      5. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
      6. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
      7. you will not use the Website platform for any commercial purpose other than as expressly provided for by Investmint;
      8. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
      9. facilitate or assist any third party to do any of the above.
   2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
   3. Without prejudice to any of Investmint’s other rights (whether at law or otherwise), Investmint reserves the right to deny you access to the Website or the Services where Investmint believes (in its reasonable discretion) that you are in breach of any of these Terms.
   4. Investmint does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
9. RECEIPT AND TRANSMISSION OF DATA MESSAGES
   1. Data messages, including e-mail messages, sent by you to Investmint will be considered to be received only when acknowledged or responded to.
   2. Data messages sent by Investmint to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
   3. Investmint reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
   4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Investmint is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Investmint to a user, between users or from a user to Investmint.
10. HYPERLINKS, DEEP LINKS, FRAMING
    1. The Website may include links to other internet sites ("the other sites"). Investmint does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
    2. Investmint does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to to request the removal of such content.
    3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
11. ADVERTISING AND SPONSORSHIP
    1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
    2. Investmint, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
12. INTELLECTUAL PROPERTY PROTECTION
    1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Investmint in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Investmint, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
    2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Investmint first being granted, which consent may be refused at the discretion of Investmint. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Investmint and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
    3. Investmint reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
    4. Where any of the Website intellectual property has been licensed to Investmint or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    5. Subject to adherence to the Terms, Investmint grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Investmint.
    6. Any enquiries regarding any of the above relating to intellectual property must be directed to Investmint at
13. PRIVACY AND PERSONAL INFORMATION
    1. Investmint respects your privacy and your personal information, and will take reasonable measures to protect it, as more fully detailed below.
    2. Should you decide to function as user on the Website and/or use the Services, Investmint may collect, collate, process, and use the following types of information about you (“personal information”), which you hereby expressly consent to:
       1. Information provided by the user
          Investmint collects personal information submitted by the user, which is information about the user that is personally identifiable including, but not limited to, the user’s name, address, age, financial information, gender, e-mail address, phone number(s), passwords, product and service preferences, invoice information, banking information and contact preferences that are not otherwise publicly available); and
       2. Information that is collected automatically
          Investmint receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from “cookies” (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, device type, [insert other relevant types], web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your device sends to the Website such as your device type and language, access times, and the source from which you arrived at the Website.
    3. Should your personal information change, please update it on the Website as provided, or inform Investmint and provide Investmint with updates to your personal information as soon as reasonably possible to enable Investmint to update it. Investmint is however under no obligation to ensure that your personal information or other information supplied by you is correct.
    4. You warrant that the personal information disclosed to Investmint or the Website is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide in your own private or representative capacity.
    5. You may choose to provide additional personal information to Investmint, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    6. Any processing of your personal information will be reservedly for Investmint’s legitimate business purposes and as a necessary function of your contracting with Investmint (as per these Terms) and/or the Services, and you have hereby consented to this, but Investmint will not:
       1. use your personal information for any purpose other than as set out below:
          1. to administer and manage the Services which you shall receive, including sharing your personal information with other users who need to have your personal information as part of the Services rendered;
          2. to contact you regarding current or new information, products or Services or any other service offered by Investmint or any of Investmint’s divisions and/or partners (unless you have opted out from receiving marketing material from Investmint, possible through same contact);
          3. to inform you of new features, special offers and promotional competitions offered by Investmint or any of Investmint’s divisions and/or partners (unless you have opted out from receiving marketing material from Investmint, possible through same correspondence from Investmint); and
          4. to improve Investmint’s Services selection and your experience on the Website by, for example, monitoring your browsing habits, or tracking your interaction on the Website; or
       2. disclose your personal information to any third party other than as set out below:
          1. to Investmint’s employees and/or third party service providers who assist Investmint to interact with you via the Website, email or any other method, for the engagement of their services, and thus need to know your personal information in order to assist Investmint to communicate with you properly and efficiently;
          2. to other users who need your personal information in order to use their Services or engage with you on your use of the Services;
          3. to Investmint’s divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from Investmint, possible through same correspondence with Investmint);
          4. to law enforcement, government officials, fraud detection agencies or other third parties when Investmint believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
          5. to Investmint’s service providers (under contract with Investmint) who help with parts of Investmint’s business operations (fraud prevention, marketing, technology services, etc.). However, Investmint’s contracts dictate that these service providers may only use your information in connection with the services they perform for Investmint, not for their own benefit and under the same standards as how Investmint operates.
    7. Investmint is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Investmint, or to protect and defend Investmint’s rights or property. In the event of a fraudulent payment or misuse of the provided banking details, Investmint is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    8. Investmint will ensure that all of its employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Investmint’s in relation to your personal information.
    9. Investmint will:
       1. treat your personal information as strictly confidential, save where Investmint is entitled to share it as set out in these Terms;
       2. ensure that is adheres to all of the duties and functions required of it when it functions in the various defined capacities relating to data processing under South African data protection laws, such as being the Responsible Party and/or an Operator, depending on the exact roles fulfilled by Investmint at the time of processing;
       3. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
       4. provide you with reasonable access to your personal information to view and/or update personal details;
       5. promptly notify you if Investmint becomes aware of any unauthorised use, breach, disclosure or processing of your personal information;
       6. provide you with reasonable evidence of Investmint’s compliance with its obligations under these Terms on reasonable notice and request; and
       7. upon your request, promptly correct, return or destroy any and all of your personal information in Investmint’s possession or control, save for that which Investmint is legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
    10. Investmint will not retain your personal information for longer than the period for which it was originally needed, unless Investmint is required by law to do so, or where the continued processing is for historical, statistical or research purposes. You do however hereby consent to such extended retention periods for these purposes, and same is necessary for the correct functioning of the Terms between Investmint and you.
    11. Investmint undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
    12. Whilst Investmint will do all things reasonably necessary to protect your rights of privacy, Investmint cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in Investmint’s possession, made by third parties who are not subject to Investmint’s control, unless such disclosure is as a result of Investmint’s gross negligence or fraud.
    13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Investmint, Investmint shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because Investmint does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party who processes your personal information.
    14. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files a Website can use (and which Investmint may use) to recognise repeat users, facilitate the user’s on-going access to and use of the Website and allow the Website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by “cookies” is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most applications or associated devices that allows you to deny or accept the “cookie” feature. Please note that “cookies” may be necessary to provide you with certain features available on the Website, and thus if you disable the “cookies” on your Website, you may not be able to use those features, and your access to the Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to Investmint’s use of any personal information collected using those “cookies”, subject to the provisions of these Terms.
    15. The user is entitled to request access to any relevant personal data held by Investmint and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with Investmint.
    16. Users with citizenships from jurisdictions other than of South Africa, please note that Investmint complies with all South African data protection laws when processing your personal information pursuant to the Services, as we are a South African company operating for the South African market. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact Investmint at to engage you on its application and your rights.
    17. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not Investmint.
    18. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
14. DISCLAIMERS AND WARRANTIES
    1. The Website and Services, including any intellectual property appearing therein, are provided "as is" and "as available". Investmint makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
    2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Investmint. While Investmint makes every reasonable effort to present such information accurately and reliably on the Website, Investmint does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
    3. Investmint, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular user.
    4. Investmint, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.
    5. Investmint takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Investmint does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
15. INDEMNITIES
    1. The user indemnifies and holds harmless Investmint, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website and/or Services offered or concluded through the Website in any way.
    2. The user agrees to indemnify, defend and hold Investmint harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
    3. This clause will survive termination of this agreement.
16. COMPANY INFORMATION
    1. Site owner: Pay Day Solutions Pty Ltd
    2. Legal Status: Private limited liability company
    3. Registration Number: 2015/102886/07
    4. Directors: Gareth Price, Chris Bruchhausen, Fred Wagenwoorde, Wesley Van Niekerk, David Cock
    5. Description of main business: Software and online platform provider
    6. Telephone number: 0216710059
    7. E-mail address:
    8. Website address: www.investmint.co.za
    9. Physical address: Block A, Richmond Centre, Main Road, Plumstead, Cape Town
    10. Postal address: Block A, Richmond Centre, Main Road, Plumstead, Cape Town
    11. Registered address: UF02 Greenford Office Estate, Punters Way, Kenilworth
17. DISPUTE RESOLUTION AND GOVERNING LAW
    1. The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
    2. Disputes between users and Investmint:
       1. Should any dispute, disagreement or claim arise between a user and Investmint concerning use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
       2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution. The choice of independent industry expert is exclusively within Investmint’s sole discretion.
       3. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Local Division, Cape Town, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
       4. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
    3. Disputes between users:
       1. Should a dispute arise between users and their private transaction via an Invoice Trade Agreement, said dispute is between those users exclusively, where Investmint is not responsible for fulfilling any function in any way or in any role.
       2. The users agree that they shall handle said private dispute between them in the manner in which they mutually deem suitable and as prescribed by the relevant Invoice Trade Agreement between them, and for the attempted benefit of both parties.
       3. Notwithstanding the above, the parties in a private dispute must inform Investmint of the dispute in order for Investmint to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
18. TERMINATION OF USE OF WEBSITE OR SERVICES
    1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, INVESTMINT RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT INVESTMINT GIVES REASONABLE NOTICE TO YOU.
    2. If you wish to terminate the agreement with Investmint, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website. Such de-registration from the Website will however not have any effect on the continued and comprehensive functioning or legitimacy of any separate agreement or lawful rights which Investmint and/or another user has with you at the time of said termination with the Website.
    3. In the event of cancellation of your agreement with the Terms and with Investmint, Investmint will remove you from the Website and delete your Profile.
19. NOTICES AND SERVICE ADDRESS
    1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
       1. in the case of Investmint, at ; or
       2. in the case of the user, at the e-mail and addresses provided by the user to Investmint in the registration process and/or in their Profile.
    2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
20. GENERAL
    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
    2. No indulgence, leniency or extension of time granted by Investmint shall constitute a waiver of any of Investmint’s rights under these Terms and, accordingly, Investmint shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
    3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
    4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    5. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
    6. Should you have any complaints or queries, kindly address an e-mail to Investmint of same.
    7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Investmint in relation to the payment failure or breach.
    8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
    9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8 mutatis mutandis.