GENERAL TERMS OF USE
NAME
FSP NR:
TEL:
EMAIL:
REGISTERED ADDRESS
PHYSICAL ADDRESS:
IMPORTANT NOTICE
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By using the Website, the Client agrees to be bound by these Terms of Use, and he/she is accordingly encouraged to read these Terms of Use attentively before accessing the Website, or making use of the Service and/or any of Kastelo’s related offerings. Upon the Client proceeding to use the Website, Kastelo may assume that the Client has read and fully understands the content of these Terms of Use and its effects. It shall remain the sole responsibility of the Client to seek professional advice, or enquire from Kastelo, if he/she does not understand the content, wording or effect of any of the provisions contained herein. Should the Client not accept or agree to any of the terms, conditions or provisions set out herein, he/she must not access, use or download any information from the Website.
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There are certain provisions in these Terms of Use that require the Client’s special attention. Where the Client is required to assume risk, indemnify Kastelo, acknowledge a statement as fact, or where Kastelo’s liability and/or risk is limited, the Client’s specific attention is drawn to such provisions which are, for the sake of easier reference, published in bold. Despite the Client’s attention being drawn to certain provisions, the Client is still urged to attentively consider each and every provision contained herein.
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These Terms of Use must be read together with, and within the context of, Kastelo’s published policies and terms and conditions, whichever may be appropriate.
1 DEFINITIONS & INTERPRETATION
"AML"
Abbreviated form of Anti-Money Laundering, denoting the regulatory requirement and procedure, which corresponds in title and reference for the purpose of these Terms of Use.
"Content"
Words, text, images, graphics, digital representations, video, audio, software and links to documents or other websites.
"Client"
The person who uses the Website.
"FICA"
Financial Intelligence Centre Act 38 of 2002; The use of the term “FICA” shall also include the due diligence and KYC requirements set out therein.
"Kastelo"
Kastelo Proprietary Limited, acting as agent, being a company duly incorporated in terms of the Company Act 71 of 2008 and registered financial services provider (“FSP”) with FSP number 51074.
"KYC"
Abbreviated form of Know-Your-Customer, denoting the regulatory requirement and procedure, which corresponds in title and reference for the purpose of these Terms of Service.
"Terms of Use"
These terms of use, unless the context indicates otherwise.
"Website"
Subject to where these Terms of Use have been obtained by the Client , -
2 PRELIMINARIES
2.1
The Client acknowledges that these Terms of Use are acceded to electronically, and that he/she would be bound by such terms in the event of Kastelo being mandated, overtly or tacitly, to execute the services.
2.2
Nothing in these Terms of Use are intended to unlawfully restrict or avoid any rights and obligations created by law.
2.3
The Terms of Use may subject to change or amendment without notice, and become effective upon publication on the Website. The Client agrees to visit the Website periodically and on a regular basis to review the Terms of Use.
2.4
The Client’s personal information may have to be collected and processed, which shall be done in accordance with the Protection of Personal Information Act 4 of 2013 and Kastelo’s Privacy Policy published on the Website.
2.5
The Client warrants and/or agrees that when to utilising the Website, such utilisation implies that the Client has fulfilled certain regulatory requirements, including:-
2.5.1
to abide by (and use, if applicable) any requirement and/or mechanism that may be required by Kastelo for the purposes of KYC, AML and/or FICA compliance, which requirement and/or mechanism includes the providing of any legitimate personal identification, password or any other form of verification implemented by Kastelo;
2.5.2
having successfully completed the AML and KYC control protocols and positively complied therewith.
2.6
Failure by Kastelo to enforce any provision of these Terms of Use shall not constitute a waiver of such provision or affect, in any way, Kastelo’s right to require the performance of such provision at any time in the future; a waiver of a subsequent breach shall not nullify the effectiveness of the provision itself.
2.7
Unless the context indicates otherwise, words importing one gender shall include the other, singular shall include the plural (and vice versa), and natural persons shall include legal persons (and vice versa).
2.8
Headings shall have no interpretative bearing on the reading of these Terms of Use, and are included for the sake of convenience and reference.
2.9
These Terms of Use shall be governed and construed in accordance with the laws of the Republic of South Africa; the parties agree that the High Court of South Africa (Western Cape Local Division, Cape Town) is to have exclusive jurisdiction regarding all proceedings, transactions, applications and/or disputes which may arise from these Terms of Use.
3 USE AND ACCESS
3.1
The content and information published on the Website is for the personal, non-commercial use of the Client.
3.2
The Client may not transmit, modify, copy of make commercial use of the content published on the Website, or components thereof, without Kastelo’s prior permission.
3.3
Kastelo may modify, suspend or discontinue the Website or any component thereof without notice. The Client accepts that the Website, or the Content published thereon, may not be available at all times.
3.4
By accessing the Website (or submitting any information, detail or input to the Website), the Client expressly confirm and declare that:
3.4.1
the Client is 18 years of age or over and have full capacity to accept these terms and enter any transaction through Kastelo’s Website;
3.4.2
the information, detail or input is not intended to mislead Kastelo;
3.4.3
the information, detail or input is not provided or designed in the endeavour to advance any unlawful act;
3.4.4
the information, detail or input does not constitute or promote obscenity, pornographic materials, discrimination, violence, defamatory content or any illegal activity;
3.4.5
the information, detail or input does not violate the privacy rights of any third party;
3.4.6
the Client will not engage or solicit or use any service or product offered by Kastelo under any name except his/her own, or use the Website to carry out transactions on behalf of a third party who is a natural person;
3.4.7
he/she will not utilise the Website, or engage Kastelo, or use the services or products or offerings of Kastelo in the performance of any illegal activity or prohibited activities (Section 10).
3.5
The Client may not use any artificial intelligence, robot or other automated mechanism to copy, monitor or make inputs on the Website.
3.6
The Client may not use any software, device or manual technique to interfere with the proper working of the Website.
3.7
The Client may not reverse engineer or attempt to discover any proprietary mechanisms, know-how or source code that may be found on or derived from the Website.
3.8
Kastelo reserves its right to, in its sole discretion, terminate, suspend or restrict any use of the Website, without any notice to the Client.
4 PROPRIETARY CONSIDERATIONS
4.1
Kastelo is the owner of all copyright, trademarks and other intellectual property rights of all Content published on the Website.
4.2
Kastelo does not grant the Client any license or proprietary right to use any of Kastelo’s trademarks or other intellectual property by virtue of his/her access to the Website.
5 IDENTIFICATION
5.1
Kastelo is committed to upholding the highest standard of KYC processes and control to combat fraud and preventing money laundering and terrorist financing. Accordingly, the Client must provide specific personal information and documents when onboarding as a Client.
5.2
Kastelo may perform certain enhanced due diligence (EDD) procedures, and the Client agrees to remain subject thereto at all times.
5.3
Kastelo reserves the right, at its sole discretion, to terminate, restrict, suspend or discontinue a Client’s access to a service, product or account offering if false information is provided, or if the Client refuses to provide information required.
6 ADVICE
6.1
Nothing published on the Website constitutes investment, legal, tax or any other advice.
6.2
The Client must not rely on any Content published on the Website to make any investment or other decision.
6.3
The Client is encouraged to obtain professional advice before making a decision relating to any Content published on the Website.
7 LIMITATIONS & INDEMNITIES
7.1
Kastelo gives no warranty that the Content or any information on the Website is accurate complete, or authoritative.
7.2
Kastelo accepts no liability arising out of the Client’s use of the Website, inability to use the Website, or in connection with any error, omission, defect, malware, or system failure.
8 PRIVACY
8.1
The Client may access most areas of the Website without registering or recording his/her personal information on the Website.
8.2
Access to certain Content and areas of the Website may be exclusive to registration or recording of his/her personal information or other relevant details.
8.3
Should the Client submit an apply or register for one of Kastelo’s offerings, products or services, he/she agrees that he has read Kastelo’s POPI Policy and Privacy Notice, and agrees to Kastelo dealing and processing his/her personal information in accordance therewith.
9 SUSPENSION, TERMINATION, RESTRICTION, DISCONTINUANCE
9.1
Kastelo reserves the right to terminate, suspend, restrict and or discontinue the Client’s access to the Website, or Kastelo’s products or services at the evident incidence of, or where Kastelo reasonably suspects that-
9.1.1
the Website, account, product or service is subject to an operational or other error;
9.1.2
the Website, account, product or service is being or has been used in in relation to any unlawful, unauthorised, fraudulent, damaging or prohibited activity (Section 10), or in breach of the Terms of Use;
9.1.3
the Client (or any persons or jurisdiction he/she so transacts to or from) is subject of any governmental sanctions;
9.1.4
the Website, account, product or service is, or has been associated with, or poses a high risk of, money laundering, terrorism financing, fraud or another financial crime;
9.1.5
The Client is executing processes, procedures or software protocols that are deemed to be in circumvention of Kastelo’s control;
9.1.6
The Client’s account is or appears to be the subject of legal, regulatory or government process and Kastelo deems such to establish a heightened risk of legal and/or regulatory non-compliance with the account;
9.1.7
Kastelo is compelled by law to do so.
9.2
Kastelo shall endeavour to provide the Client with notice of any decision to suspend, terminate, restrict or discontinue his/her/its access to the Website, account, product or service, unless Kastelo is inhibited from doing so by law, or where doing so may compromise Kastelo’s security and/or risk management procedures.
9.3
The Client moreover accepts and agrees that Kastelo is under no obligation to disclose to the Client the fact or reason for any decision to suspend, terminate, restrict or discontinue access, and it shall have no liability in connection with such suspension, termination, restriction or discontinuance.
10 PROHIBITED ACTIVITIES
10.1
The following shall constitute “prohibited activities” for the purpose of these Terms of Use and ongoing business or engagements the Client may have with Kastelo, which is, for the sake of disclosure, strictly prohibited:
10.1.1
The undertaking, supporting or facilitating of any criminal activity, including, but not limited to, fraud, corruption, money laundering, terrorist financing, illegal gambling, or hacking;
10.1.2
Engaging in abusive activities, including overloading Kastelo’s infrastructure or taking actions that may harm Kastelo’s reputation or the performance of the Website, as well as the gaining of unauthorised access to Kastelo’s Website or any product, service or account, transmit harmful material, exploit technological infrastructures, or transfer account access to a third party without Kastelo’s consent;
10.1.3
Supporting pyramid schemes, Ponzi schemes, MLM programs, or the like;
10.1.4
Engaging in fraudulent activities, including actions to defraud Kastelo or its customers, or the provision of false, inaccurate or misleading information to Kastelo;
10.1.5
Effecting transactions that enable illicit activities, promote hate, violence, racial intolerance, obscenities, or may involve stolen goods or the proceeds of crime;
10.1.6
Transactions involving “darknet” markets or gambling sites;
10.1.7
Transactions involving narcotics or controlled substances;
10.1.8
Infringing on the intellectual property rights attributable to Kastelo or its affiliates.
LAST UPDATED: 6 SEPTEMBER 2022
Kastelo is a registered financial service provider (FSP 51074), which is FSCA and SARB approved.
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