Terms of Service

The terms that govern your use of our services

1. Introduction

Welcome to FinWiseConsulting. These Terms of Service ("Terms") govern your use of the FinWiseConsulting website (the "Website") and the financial literacy consulting services (the "Services") offered by FinWiseConsulting ("we," "us," or "our").

By accessing the Website or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or our Services.

2. About Our Services

FinWiseConsulting provides financial literacy consulting services, including personal financial planning, investment education, corporate financial wellness programs, and debt management strategies. Our Services are educational in nature and are not intended to replace professional financial advice tailored to your specific circumstances.

We are registered with the Financial Sector Conduct Authority (FSCA) in South Africa as a financial services provider. Our Services comply with all applicable South African financial regulations.

3. Eligibility

To use our Services, you must be at least 18 years old and capable of forming a binding contract. By using our Services, you represent and warrant that you meet these requirements.

If you are using our Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Your Account

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

5. User Conduct

When using our Website and Services, you agree not to:

  • Violate any applicable law, regulation, or these Terms
  • Infringe the intellectual property rights of others
  • Transmit any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Website or servers or networks connected to the Website
  • Attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website
  • Use the Website or Services for any commercial purpose without our prior written consent

6. Intellectual Property

The Website and its content, features, and functionality are owned by FinWiseConsulting and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

The FinWiseConsulting name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FinWiseConsulting. You may not use such marks without our prior written permission.

7. User Content

You retain ownership of any content you submit to the Website ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing our Services.

You represent and warrant that your User Content does not violate any third-party rights, including intellectual property rights and privacy rights, and complies with all applicable laws and regulations.

8. Fees and Payment

The fees for our Services are provided on our Website or in separate agreements. All fees are quoted in South African Rand (ZAR) and are subject to change. We will notify you of any fee changes before they take effect.

Payment terms are specified in the service agreements. We accept payment through various methods, including electronic funds transfer (EFT), credit cards, and other payment methods specified on our Website.

9. Disclaimer of Warranties

The Website and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Website will be uninterrupted, secure, or error-free, or that defects will be corrected. We are not responsible for any loss or damage resulting from your use of the Website or Services or any content posted on the Website.

The information provided through our Services is for educational purposes only and does not constitute financial advice. We do not guarantee any specific results from the use of our Services, including financial outcomes.

10. Limitation of Liability

To the maximum extent permitted by law, FinWiseConsulting and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Website or Services
  • Any conduct or content of any third party on the Website
  • Any content obtained from the Website
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you have paid to us for the Services in the twelve (12) months preceding the event giving rise to the liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless FinWiseConsulting and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use of the Website or Services
  • Your violation of any rights of another person or entity
  • Your User Content

12. Termination

We may terminate or suspend your access to the Website or Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website and Services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on the Website. If a revision, in our sole discretion, is material, we will notify you via email or through the Website. By continuing to access or use the Website or Services after revisions become effective, you agree to be bound by the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Website or Services shall be brought exclusively in the courts of South Africa, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa, which rules are deemed to be incorporated by reference into this clause.

The seat of the arbitration shall be Cape Town, South Africa. The language of the arbitration shall be English. The number of arbitrators shall be one.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and FinWiseConsulting concerning the Website and Services.

18. Contact Information

If you have any questions about these Terms, please contact us at:

FinWiseConsulting
1 Cwangco Cres, Philippi
Cape Town, 7785
South Africa

Email: [email protected]
Phone: +27 10 634 2415

Last Updated: March 23, 2025