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Terms and Conditions

Pro-Wealth terms and conditions

  1. Introduction
    These are the "Terms" that regulate your general use of https://www.pro-wealth.co.za. These Terms create a legally binding contract between us, Educated Wealth Proprietary Limited, and you, as soon as you apply. These Terms will apply if you access or use our Website. If you become a customer of Pro-wealth, our relationship with you as a customer will be governed by the "Client Terms And Conditions" on our website. If you become a financial advisor of Pro-Wealth, our relationship with you as a consultants will be governed by the "Financial Advisor Terms And Conditions" on our website.
  2. The essential point of these Terms
    Your use of the Website is at your sole discretion and we have no obligations arising from your general use of the Website and we will not be liable for any liability, damage or loss resulting from your use or inability to use our Website. You should not act in a way that relies on any information found on our Website as all information is displayed for general information purposes only.
  3. Other applicable terms
    Your general use of the Website is also subject to our "Privacy Policy" which is available on the Website. Additional terms may also apply for specific products or services available through our Website ("The Additional Terms"), including the Commercial Terms that are applicable to clients and consultants. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply in so far as the Additional Terms are applicable to you.
  4. Changes to our Website and/or these Terms
    We have the right (as far as the law allows) to suspend, change or add to our Website, and to change or add to these Terms, at our discretion, and such changes will apply as soon as they are made. We may notify you about any changes to these Terms, but it is your responsibility to review these Terms each time you use the Website to ensure that you are aware of any changes.
  5. Use of our Website
    You may not:
    ⦁ distribute any content from our Website without our prior consent;
    ⦁ use any technology, including but not limited to crawlers and spiders, to search our Website or obtain information from our Website;
    ⦁ frame our Website or any pages of our Website;
    ⦁ link to our Website in a manner other than through the homepage; or
    ⦁ deep-link to any other pages on our Website in a way that would suggest that you own the intellectual property that belongs to us.
  6. Intellectual property
    All content and material on the Website is owned by Pro-Wealth ("Intellectual Property"), and all rights, title and interest to and in any such Intellectual Property is proprietary to Pro-Wealth, unless otherwise noted. You are not authorised to copy, reproduce, or use any content without our prior written consent.
    You will not acquire any rights of any nature in respect of that Intellectual Property by using our Website or services.
  7. Cookies
    When you use our Website, we may collect and process cookies. Pro-Wealth will only collect and process cookies in terms of the Privacy Policy.
  8. Limited liability
    Pro-Wealth is not responsible or liable for any harm, loss or damage suffered as a result of or relating to the use Website, any personal information of any browser, or any information that is transmitted through the Website. Pro-Wealth accepts no responsibility or liability for any harm, loss or damage that you may suffer due to any reliance on the content of the Website.
    We have taken reasonable measures to ensure the integrity of the Website and its contents. However, we do not warrant that any files, software, downloads or other material available from the Website are free of viruses or other similar software.
  9. Law and disputes
    These Terms will be governed by and interpreted in terms of South African laws. You consent that South African Courts will have jurisdiction over any matters that may arise between the user of this website and and its Directors.
  10. Waiver
    Any failure by Pro-Wealth to enforce or require strict performance of these Terms does not amount to a waiver of or affect the validity of these Terms.
  11. Getting in touch
    Please email us at [email protected] for any enquiries about our Website.
  12. Legal disclosure 
    ⦁ Website owner:
    ⦁ https://www.pro-wealth.com is owned by Educated Wealth Proprietary Limited (South African registration number 2019/287903/07).
    ⦁ Legal status:
    ⦁ Educated Wealth Proprietary Limited is a private company, duly incorporated in terms of the applicable laws of South Africa.
    ⦁ Directors:
    ⦁ Educated Wealth Proprietary Limited: K.Ngqiqo Rozani
    ⦁ Description of main business of Pro-Wealth: Pro-Wealth provides an online platform enabling clients to engage top-quality financial consultants.
    ⦁ Email address:
    [email protected]
    ⦁ Website address: https://www.pro-wealth.co.za
    ⦁ Address:
    ⦁ Educated Wealth Proprietary Limited (South Africa):

Pro-Wealth CLIENT TERMS AND CONDITIONS

  1. INTRODUCTION
  2. Pro-wealth offers a service to introduce Financial Consultants and Clients to each other for financial advisors to provide financial information and advice on handling one’s personal finances.
  3. By entering into this Agreement, the Client appoints Pro-Wealth to provide the Services to the Client on the terms and conditions set out in this Agreement.
  4. In this Agreement, the following definitions apply:
  5. "Agreement" means this agreement and any annexures or schedules to this Agreement, including Pro-Wealth's privacy policy;
  6. "Client" means an person seeking financial services and able to pay;
  7. "Fees" mean the amounts payable by the Client for the financial services;
  8. "financial services” means any financial advice given or take;
  9. "Educated Wealth" means:
  10. Educated Wealth Proprietary Limited (South African registration number 2019/287903/07), a private company incorporated in terms of the applicable laws of South Africa
    (Whichever one applies); and
  11. "Advisor" means the financial advisor giving specific financial services to the clients in which he/she is registered to do.
  12. THE SERVICES
  13. Pro-Wealth shall provide the following Services:
  14. Sourcing of appropriately qualified financial advisors.
  15. RELATIONSHIP BETWEEN Pro-Wealth AND Financial Advisors
  16. The Client acknowledges that Pro-Wealth does not employ Financial Advisors, does not represent itself as a financial service provider nor does it provide financial services. Financial Advisors are independent contractors and Pro-wealth acts as an intermediary for Financial Advisors to facilitate the relationship between the Financial Advisor and the Client for the provision of financial service to a Client.
  17. Pro-Wealth is commissioned by Financial Advisors to represent and support them, which representation includes Client-related support, facilitation of value-added services.. According to an agreement between the Financial Advisor and Pro-Wealth.
  18. FEES AND PAYMENT
  19. Pro-Wealth does not receive any payments on behalf of the Financial Advisor from the Client. Clients make direct payments to the Financial Advisor as per their agreement.
  20. NON-CIRCUMVENTION
    The Client acknowledges that all Financial Advisors are contracted to Pro-Wealth as independent contractors and have been referred to the Client in good faith. The Client acknowledges that Pro-Wealth has sourced such Financial Advisors at significant cost and that Pro-Wealth's business of facilitating the relationship between the Client and the Financial Advisors should be protected. The Client therefore agrees not to solicit, accept or pay for any financial services from any Financial Advisors privately. In this way, the Client agrees not to circumvent Pro-Wealth in its core business of facilitating the introduction of Financial Advisors and Clients to each other for Financial Consultants to provide the services.
  21. LIMITED LIABILITIES
  22. Except as expressly provided for in this Agreement or in terms of applicable law, Pro-Wealth will not, under any circumstances, be liable to the Client for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts which the Client may sustain or suffer (or with which the Client may be threatened) as a result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of this Agreement or in the course of the discharge or exercise by Pro-wealth or its employees, agents, professional advisors or delegates of their obligations or rights in terms of this Agreement or the termination of this Agreement for any reason.
  23. Where any matter results in a valid claim against Pro-Wealth, Pro-Wealth's liability will be limited to the Fees paid by the Client unless the matter arose as a result of the gross negligence of Pro-Wealth.
  24. INDEMNITY
    Very important: the Client indemnifies Pro-wealth against any claims by any third party that Pro-Wealth may suffer or incur as a result of any breach by the Client of any of the terms of this Agreement.

SAFETY AND INDEMNIFICATION

  1. Screening and Safety Policy. Even though Pro-Wealth does not employ any Financial Advisors and only acts as agent for the Financial Advisors who provides the service directly to the Client, Pro-Wealth, verifies each individual Financial Advisor is registered as per South African law and works for the company of registration.
  2. Reporting to Pro-Wealth. The Client agrees that it will inform Pro-Wealth of any negative incidents that may occur with a Financial Advisor so that Pro-Wealth may, at its discretion, investigate and take any steps it deems necessary and appropriate in the circumstances. Where the Client reports any incidents to Pro-Wealth, Pro-Wealth shall not be liable to take any action against the Financial Advisor, and the Client acknowledges and accepts that it is the Client's responsibility to pursue any official investigation.
  3. DISCLAIMER
    Pro-Wealth endeavours to render an excellent service, in collaboration with the Financial Advisors it represents.
  4. GENERAL
  5. Changes to the Services. Pro-Wealth shall inform Clients of any material changes to the Services by manner of email or prominent notice on its websites. Continued use of the Services after this notice has been displayed shall be deemed as your acceptance of the changes to the Services.
  6. Intellectual Property. The Client acknowledges and agrees that all right, title and interest in, and to, any of Pro-Wealth's 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 Pro-Wealth's websites or 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 Pro-Wealth or the respective owner(s)' property and will remain our or the owner's property at all times. The Client agrees that it will not acquire any rights of any nature in respect of that intellectual property by using the Services.
  7. Personal information. Pro-Wealth takes the right to privacy seriously and is committed to taking steps to protect the Client's and Financial Advisor's privacy when using the Services and implements business practices that comply with applicable laws, including the Protection of Personal Information Act 4 of 2013 ("POPI") . All personal information of Clients and Financial Advisors will be processed in accordance with Pro-Wealth's privacy policy and in compliance with applicable laws. The privacy policy can be found on Pro-Wealth's websites.
  8. Entire agreement. This Agreement constitutes the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this Agreement.
  9. 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.
  10. Law and jurisdiction. This Agreement and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
  11. Good faith. The parties shall in their dealings with each other display good faith.
  12. No waiver. The failure of Pro-Wealth to insist upon or enforce strict performance by the Client of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of pro-wealth's right to enforce any such provision or right in any other instance.
  13. No assignment. The Client will not be entitled to cede its rights or delegate its obligations in terms of this Agreement without the express prior written consent of Pro-Wealth.
  14. 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.
  15. 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.
  16. Severability. Any provision in this Agreement 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 this Agreement, without invalidating the remaining provisions of this Agreement.
  17. No stipulation. No part of this Agreement shall constitute a stipulation in favour of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.
  18. Notices.
  19. Pro-Wealth selects the address and email address indicated on each invoice.
  20. The Client hereby selects the physical and email address indicated on each invoice as its physical and email address for service of all formal notices and legal processes in connection with this Agreement. The Client may change these details by providing Pro-Wealth with 7 (seven) days' notice in writing.
  21. Service via email shall be accepted in all cases where notice is required. Service via email is deemed to be received at the time and date of sending, subject to the terms of this Agreement that may regulate alternative specific notice requirements in some instances.

Pro-Wealth Financial Advisor TERMS AND CONDITIONS

  1. INTRODUCTION
  2. Pro-Wealth offers a service to introduce Financial Advisors and Clients whereby it acts an intermediary for Financial Consultants and Clients.
  3. By entering into this Agreement, Pro-Wealth agrees to provide the Agency Services to the Financial Advisor, who is an independent service provider, providing the financial services to the Client on the terms and conditions set out in this Agreement.
  4. In this Agreement, the following definitions apply:
  5. "Agency Services" mean the services offered by Pro-Wealth to the Financial Advisor as described in this Agreement;
  6. "Agreement" means this agreement and any annexures or schedules to this Agreement, including Pro-Wealth's privacy policy;
  7. "Client means an person seeking financial services and able to pay;
  8. "Client Fees" mean the amounts payable by the Client to the Financial Advisor for the financial services, inclusive of the Agency Fees and Advisor Fees;
    (Whichever one applies);
  9. "Advisor" means the financial advisor giving specific financial services to the clients in which he/she is registered to do.
  10. Fees" mean the monthly and yearly membership fee of R99 and R999 respectively.
  11. RELATIONSHIP BETWEEN PROWEALTH AND FINANCIAL ADVISORS
  12. The Client acknowledges that Pro-Wealth does not employ Financial Advisors, does not represent itself as a financial service provider nor does it provide financial services. Financial Advisors are independent contractors and Pro-wealth acts as an agent for Financial Advisors to facilitate the relationship between the Financial Advisor and the Client for the provision of financial service to Client.
  13. Pro-Wealth is commissioned by Financial Advisors to represent and support them, which representation includes Client-related support, facilitation of value-added services. According to an agreement between the Financial Advisor and Pro-Wealth.
  14. Under no circumstances will the Financial Advisor be, or deemed to be, an employee, agent or partner of Pro-Wealth for any purposes.
  15. BACKGROUND CHECKS
  16. Pro-Wealth will call the companies in which the Financial Advisor works in, and ensure they work there and are registered to provide specific Financial Services as per South African Law.
  17. FEES AND PAYMENT
  18. Fees. The Financial Advisor agrees to pay either the monthly or year fee of R99 and R999 respectively.
  19. Additional charges. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, or the billing details provided are no longer valid, you will be liable to us and/or Stripe or a third party payment provider for any penalty which we or Stripe or the third party payment provider incur to that bank or other payment processor.
  20. Transaction records Pro-Wealth will make all documentation relating to transactions that have been concluded available via email.
  21. A new Financial Advisor gets a free month where they are not required to pay.
  22. NON-CIRCUMVENTION
    The Financial Advisor acknowledges that all Financial Advisors are contracted to Pro-Wealth as independent contractors and have been referred to the Client in good faith. The Financial Advisor acknowledges that Pro-Wealth has sourced such Financial Advisors at significant cost and that Pro-Wealth's business of facilitating the relationship between the Client and the Financial Advisors should be protected.
  23. LIMITED LIABILITIES
  24. To the extent capable of exclusion in terms of applicable laws, the maximum liability of Pro-Wealth to the Financial Advisor for any costs, claims, penalties, awards, determinations or damages (including, without limitation, any indirect, incidental, special, consequential, punitive, exemplary or other similar damages) which the Financial Advisor may suffer or incur, arising out of, or in connection with, whether directly or indirectly, the entering into, implementation and/or termination of this Agreement shall be an amount equal to the Agency Fees paid to Pro-Wealth by the Financial Advisor in respect of the specific financial services of the Client from which the costs, claims, penalties, awards, determinations or damages arose.
  25. Pro-Wealth shall not be liable to the Financial Advisor for any consequential losses suffered or incurred by the Financial Advisor under any circumstances.
  26. INDEMNITY
    Very important: the Financial Advisor indemnifies Pro-Wealth against any claims by any third party, including claims by Clients, that Pro-wealth may suffer or incur as a result of any breach by the Financial Advisor of any of the terms of this Agreement.
  27. GENERAL
  28. Changes to the Agency Services. Pro-Wealth shall inform its Financial Consultants of any material changes to the Agency Services by manner of email or prominent notice on its websites. Continued use of the Agency Services after this notice has been displayed shall be deemed as your acceptance of the changes to the Agency Services.
  29. Intellectual Property. The Financial Advisor acknowledges and agrees that all right, title and interest in, and to, any of Pro-Wealth's 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 Pro-Wealth’s websites or the Agency 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 Pro-Wealth or the respective owner(s)' property and will remain our or the owner's property at all times. The Financial Advisor agrees that it will not acquire any rights of any nature in respect of that intellectual property by using the Agency Services.
  30. Personal information. Pro-Wealth takes the right to privacy seriously and is committed to taking steps to protect the Client's and Financial Advisor's privacy when using the Services and implements business practices that comply with applicable laws, including the Protection of Personal Information Act 4 of 2013 ("POPI") . All personal information of Clients and Financial Advisors will be processed in accordance with Pro-Wealth's privacy policy and in compliance with applicable laws. The privacy policy can be found on Pro-Wealth's websites.
  31. Entire agreement. This Agreement constitutes the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this Agreement.
  32. 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.
  33. Law and jurisdiction. This Agreement and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
  34. Good faith. The parties shall in their dealings with each other display good faith.
  35. No waiver. The failure of Pro-Wealth to insist upon or enforce strict performance by the Financial Advisor of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of pro-wealth's right to enforce any such provision or right in any other instance.
  36. No assignment. The Financial Advisor will not be entitled to cede its rights or delegate its obligations in terms of this Agreement without the express prior written consent of Pro-Wealth.
  37. 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.
  38. 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.
  39. Severability. Any provision in this Agreement 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 this Agreement, without invalidating the remaining provisions of this Agreement.
  40. No stipulation. No part of this Agreement shall constitute a stipulation in favour of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.
  41. Notices.
  42. Pro-Wealth selects the address and email address indicated on each invoice.
  43. The Financial Advisor hereby selects the physical and email address indicated on each invoice as its physical and email address for service of all formal notices and legal processes in connection with this Agreement. The Financial Advisor may change these details by providing Pro-Wealth with 7 (seven) days' notice in writing.
  44. Service via email shall be accepted in all cases where notice is required. Service via email is deemed to be received at the time and date of sending, subject to the terms of this Agreement that may regulate alternative specific notice requirements in some instances.