Terms of Use

These Terms of Use ("Terms") govern your access to and use of the brownfs.co.za website and any content or functionality made available through it. They are drafted in accordance with the Electronic Communications and Transactions Act, 25 of 2002 (ECTA) and, where applicable, the Consumer Protection Act, 68 of 2008 (CPA).

1. Service provider information

In accordance with section 43 of ECTA, the following information is provided:

• Name: Brown Financial Services
• Description of business: Financial services company building inclusive, frontier-focused financial products.
• Website: brownfs.co.za
• Email: busi@brownfs.co.za
• Place of business: South Africa

Additional regulatory information is available on request.

2. Acceptance and amendments

Your use of the website constitutes acceptance of the Terms in force at the time of use. We may amend these Terms from time to time. The revised Terms take effect when posted on this page. You are responsible for reviewing the Terms periodically. Continued use of the website after changes are posted constitutes acceptance of the amended Terms.

3. Informational purpose only

The content on this website is provided for general information purposes only. It does not constitute financial, investment, tax, legal or other professional advice, and should not be relied upon as such. Before making any decision based on information on this website you should consult a suitably qualified professional and consider your own circumstances.

4. No offer and no solicitation

Nothing on this website constitutes an offer to sell, or a solicitation of an offer to buy, any financial product or service in any jurisdiction where such offer or solicitation would be unlawful. Specific products are made available only in accordance with their own terms, disclosures and regulatory requirements.

5. Permitted use

You may access the website for lawful, personal and non-commercial purposes. You agree not to:

• use the website in a manner that is unlawful, misleading, fraudulent or harmful;
• interfere with or disrupt the website, its servers or networks, or attempt to gain unauthorised access to any part of it;
• introduce any virus, malware or other harmful code to the website;
• scrape, copy, reproduce, republish or redistribute content in bulk without our prior written consent;
• use any automated means, including bots or crawlers, to access the website other than generally available search-engine indexing;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity.

6. Intellectual property

All content on this website — including text, graphics, logos, icons, images, the Brown wordmark, the Tesha product name and underlying code — is owned by or licensed to Brown Financial Services and is protected by South African and international intellectual-property laws. You are granted a limited, revocable, non-exclusive and non-transferable licence to view and use the website for your personal, non-commercial use only. All other rights are reserved.

7. Third-party links and products

The website may contain links to third-party websites or products (for example, Tesha). Such links are provided for convenience only. We do not control third-party websites and are not responsible for their content, products or practices. Accessing a third-party site is at your own risk, and subject to that site's own terms and privacy policy.

8. Privacy and personal information

Personal information collected through the website is processed in accordance with our Privacy Policy and the Protection of Personal Information Act, 4 of 2013 (POPIA).

9. Electronic communications and signatures

By using the website you consent to receiving communications from us in electronic form, and agree that electronic communications between us satisfy any legal requirement that such communications be in writing. Where an electronic signature is required in respect of any transaction contemplated on this website, you agree that the method of signature we present constitutes an advanced or ordinary electronic signature, as applicable, under ECTA.

10. Availability and changes

We aim to keep the website available at all times but do not guarantee uninterrupted access. The website may be suspended or withdrawn, temporarily or permanently, without notice. We may also modify, add or remove features and content at our discretion.

11. Disclaimers

The website is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, and subject to the CPA where applicable, we make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, fitness for purpose or availability of the website or its content. Nothing in these Terms limits any right you may have under the CPA or other mandatory law.

12. Limitation of liability

To the fullest extent permitted by law, Brown Financial Services, its affiliates, directors, employees, agents and service providers shall not be liable for any indirect, incidental, consequential, special or punitive loss or damage — including loss of profit, revenue, data or goodwill — arising out of or in connection with your use of, or inability to use, the website, even if we have been advised of the possibility of such loss. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for gross negligence, fraud or wilful misconduct.

13. Indemnity

You agree to indemnify and hold Brown Financial Services harmless against any claim, loss, damage, cost or expense (including reasonable legal costs) arising out of your breach of these Terms, your misuse of the website or your infringement of any third-party rights.

14. Security

You are responsible for ensuring that your own devices and systems are adequately protected against malware and unauthorised access. We implement reasonable technical and organisational measures to protect the website and the information we hold, but no online service can be guaranteed to be entirely secure.

15. 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 courts of South Africa in respect of any dispute arising out of or in connection with these Terms or your use of the website, without prejudice to any rights you may have under the CPA or other applicable consumer-protection legislation.

16. Dispute resolution

Before referring any dispute to court, the parties shall attempt in good faith to resolve it through direct negotiation. Where you are a consumer as defined in the CPA, you are entitled to refer complaints to the relevant ombud, the National Consumer Commission or, in respect of personal information, the Information Regulator.

17. Severability and assignment

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force. We may assign our rights and obligations under these Terms to any affiliate or successor. You may not assign your rights or obligations without our prior written consent.

18. Entire agreement

These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Brown Financial Services in respect of your use of the website.

19. Contact

Brown Financial Services
Email: busi@brownfs.co.za
Web: brownfs.co.za