Terms & Conditions

1. Who we are

The Services are operated by MyWealth Capital (Pty) Ltd, a private company incorporated in the Republic of South Africa (registration number 2023/540559/07), with its registered address at 9 Long Street, Cape Town, Western Cape, 8000 ("MyWealth Capital", "we", "us", or "our").

In accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002, the following information is provided:

Full legal name: MyWealth Capital (Pty) Ltd.

Registration number: 2023/540559/07.

Registered and physical address: 9 Long Street, Cape Town, Western Cape, 8000.

Address for service of legal documents: 9 Long Street, Cape Town, Western Cape, 8000.

Telephone: 021 054 1788.

Email: info@mywealthcapital.co.za.

Website: https://www.mywealthcapital.co.za

2. Definitions

"Credit Bureau" means a credit bureau registered with the National Credit Regulator in terms of the National Credit Act 34 of 2005.

"Partner Provider" means a third-party financial services provider, lender, insurer, or other product provider whose products may be presented to you through the Services.

"Personal Information" has the meaning given in the Protection of Personal Information Act 4 of 2013 ("POPIA").

"Services" means the website, mobile applications, tools, content, and product-matching functionality made available by MyWealth Capital.

3. The nature of our Services

MyWealth Capital is a technology platform that helps you understand your credit position and matches you with financial products that may suit your profile. We are not a lender, insurer, credit provider, financial services provider, or registered credit bureau, and we do not ourselves grant credit, issue policies, or compile or maintain credit bureau records.

Where a product is presented to you, the product itself is offered and supplied by the relevant Partner Provider under that provider's own terms. We do not guarantee that you will be approved for, or benefit from, any product. Approval, pricing, and product terms are determined solely by the Partner Provider.

The Services are provided to you free of charge. We may receive a referral fee or commission from a Partner Provider if you take up one of their products. Any such fee does not change the price or terms offered to you by the Partner Provider. See clause 9.

4. No financial advice

The information, tools, and product matches provided through the Services are for general information purposes only and do not constitute financial, credit, legal, tax, or other professional advice. We do not assess the suitability of any product for your individual circumstances. You should obtain independent advice from a suitably qualified and authorised professional before making any financial decision. You remain solely responsible for any decision you take.

5. Eligibility

To use the Services you must be at least 18 years old and a South African citizen or permanent resident with a valid South African identity number. By using the Services you warrant that you meet these requirements and that all information you provide is true, accurate, current, and complete.

6. Your account

You may need to register an account to access certain Services. You are responsible for keeping your login details confidential, for all activity that occurs under your account, and for notifying us immediately if you suspect any unauthorised use. You may not sell, transfer, or allow any other person to use your account. We may suspend or close an account where we reasonably suspect that its security has been compromised or that these Terms have been breached.

7. Credit information and bureau consent

To help you understand your credit position and to match you with suitable products, we may, with your consent, access credit information held about you by registered Credit Bureaus, namely XDS (Xpert Decision Systems) and VCCB (Vericred). By using the credit-related features of the Services, you authorise us to request and receive your credit information from these bureaus for these purposes. This is a consumer-initiated enquiry and is not a credit application; it does not, on its own, negatively affect your credit score.

Because MyWealth Capital is not a Credit Bureau, we do not compile, store as a bureau, or amend bureau records. If you believe information held by a Credit Bureau is inaccurate, you must lodge a dispute directly with the relevant Credit Bureau, which is obliged to investigate the dispute (ordinarily within 20 business days) in terms of the National Credit Act. We will, on request, tell you which Credit Bureau a particular item of information came from so that you can direct your dispute correctly. If you are not satisfied with the outcome, you may approach the National Credit Regulator.

8. Product matching and Partner Providers

When you indicate interest in a product, or complete a matching questionnaire, we may share relevant information about you with the applicable Partner Provider so that they can assess your eligibility and present an offer. The information shared may include your name, South African ID number, contact details, employment status, and income information, and only the information relevant to that assessment will be shared.

Once your information has been shared with a Partner Provider and you choose to engage with them, that provider's own terms and privacy policy will govern how they deal with you and your information. We are not responsible for the products, decisions, conduct, or information-handling practices of any Partner Provider.

9. Referral fees and commission

MyWealth Capital may receive a referral fee or commission from a Partner Provider where you take up a product through the Services. Any such fee is paid by the Partner Provider and does not affect the price, terms, or conditions offered to you.

10. Acceptable use

You agree to use the Services only for lawful purposes and only for your own personal use. You must not: provide false or misleading information; access or attempt to access another person's information or account; interfere with or disrupt the Services; introduce any malicious code; or copy, scrape, reverse engineer, or commercially exploit any part of the Services without our prior written consent.

11. Intellectual property

All content and materials made available through the Services — including text, graphics, logos, interfaces, software, and data — are owned by or licensed to MyWealth Capital and are protected by South African and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Services for your own personal, non-commercial purposes. No other right or licence is granted. Logos and trademarks of Partner Providers remain the property of those providers.

12. Third-party websites

The Services may contain links to third-party websites, including those of Partner Providers. We do not control and are not responsible for the content, practices, or policies of those websites. Your use of any third-party website is at your own risk and subject to that website's own terms and privacy policy.

13. Disclaimers

The Services and all content are provided "as is" and "as available", without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any credit information, match, or content is accurate, complete, or current. We act only as an intermediary between you and the Credit Bureaus and Partner Providers that supply information and products, and we disclaim liability for any errors or omissions in information supplied by them, to the extent permitted by law. Nothing in these Terms excludes any liability that cannot lawfully be excluded, including under the Consumer Protection Act 68 of 2008.

14. Limitation of liability

To the maximum extent permitted by law, MyWealth Capital and its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage (including loss of profit, data, or goodwill) arising out of or in connection with your use of, or inability to use, the Services. Where liability cannot be excluded, our total liability is limited to the greatest extent permitted by law. This clause does not limit liability for death or personal injury caused by negligence, or for any other liability that may not lawfully be limited.

15. Indemnity

You agree to indemnify and hold MyWealth Capital harmless against any claim, loss, or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Services, your violation of any law, or your infringement of any third party's rights, except to the extent that such claim arises from our own gross negligence or wilful misconduct.

16. Direct marketing and cooling-off

Where you have consented to receive marketing, we may contact you about products and services by email, SMS, telephone, or other electronic means. You may opt out of marketing at any time using the unsubscribe mechanism in each message or by contacting us. Where any transaction concluded through the Services results from direct marketing, you may have a right to cancel that transaction within 7 days in terms of section 44 of the Electronic Communications and Transactions Act, subject to that Act's requirements.

17. Privacy

Our collection and use of your Personal Information is governed by our Privacy Policy, available at https://www.mywealthcapital.co.za/privacy, which forms part of these Terms.

18. Suspension and termination

You may stop using the Services and request closure of your account at any time. We may suspend or terminate your access, without liability, where you breach these Terms, where required by law, or where we reasonably consider it necessary to protect the Services or other users. Provisions which by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnity) will continue to apply.

19. Changes to these Terms

We may update these Terms from time to time. The current version will always be posted on the website with its effective date. Where a change materially reduces your rights, we will take reasonable steps to notify you. Your continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.

20. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising from these Terms or the Services.

21. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and MyWealth Capital regarding the Services. If any provision is found to be unenforceable, the remaining provisions continue in full force. Our failure to enforce any right is not a waiver of that right. You may not cede or assign your rights under these Terms without our consent.

22. Contact

For any questions about these Terms, contact us at info@mywealthcapital.co.za or 021 054 1788.