Terms and Conditions
Tugela Connect (Pty) Ltd (“Tugela ”, us, we) is a Private Company with limited liability with registration no. 2025 / 697899 / 07 .
Disclaimer: Tugela is not a licensed financial institution, bank, insurer, or FSP. Tugela Services means assisting members with onboarding and administrative processes, but excludes providing financial advice, handling transactions, or assuming liability for third-party products.
1. Definitions and Interpretation
1.1 "Acceptable Use Policy" means Tugela 's Acceptable Use Policy which is available on its website, and which may be updated from time to time.
1.2 “Affinity Treasury Account” means the dedicated account funded by Third-Party FSPs to cover Main Service Fee as well as Platform access costs.
1.3 "Agreement" means these Standard Terms and Conditions of Use.
1.4 “Basic Service Package” means the minimum combination or level of financial product(s) selected by a User.
1.5 “Commencement Date” means the date on which a User is granted access.
1.6 "Confidential Information" means all information (in whatever format)...
1.7 “FICA” means the Financial Intelligence Centre Act 38 of 2001.
1.8 “FSP” means a Financial Service Provider licensed under the FAIS Act.
1.9 “Main Service Fee” means the consolidated fixed fee payable...
1.10 “Personal Information” as defined under POPIA.
1.11 “Platform” means the Tugela online portal...
1.12 “Platform Costs” means the portion of the Main Service Fee...
1.13 “POPIA” means the Protection of Personal Information Act 4 of 2013.
1.14 “User” means the individual accessing or using the Platform...
1.15 “Tugela Account” means a registered user profile on the Platform.
1.16 “Tugela Services” means the administrative, onboarding, facilitation...
2. Acceptance of Terms
2.1 By accessing or using the Platform, Users agree to be bound by these Terms.
2.2 If the User does not agree, they should not access or use the Platform.
2.3 Users must have legal capacity to enter into these Terms.
3. Risk Disclosure
3.1 Financial products carry inherent risks, and past performance is not indicative of future results.
4. Platform Access
4.1 Access to the Platform is granted subject to:
- Registration of a valid Tugela Account;
- Enrolment in a Basic Service Package;
- Compliance with these Terms.
4.2 Access to the Platform automatically renews unless cancelled by the User.
5. User Obligations
5.1 Users must
- Provide accurate and complete information;
- Maintain the confidentiality of their login credentials;
- Not use the Platform for unlawful purposes;
- Comply with all applicable laws and regulations.
5.2 Prohibited Use – Users shall not allow others to access their account or misuse the Platform.
6. Third-Party Services
6.1 The Platform provides access to third-party financial services and FSPs.
6.2 Tugela does not:
- Endorse or recommend any FSP;
- Provide financial advice;
- Guarantee the performance or outcomes of any services provided by FSPs.
6.3 Users agree to cooperate with FSPs for FICA verification and compliance.
7. Cooling-Off Period
7.1 Where applicable, Users may cancel services in accordance with the Consumer Protection Act.
8. Subscription, Fees and Payments
8.1 Platform Costs are included within the fixed Main Service Fee.
8.2 Main Service Fees become payable within 15 days of billing.
8.3 Users remain solely responsible for all fees, charges, and taxes.
8.4 Any variation to Platform Costs will be communicated in advance.
8.5 FSPs shall remit Platform Access fees as agreed.
8.6 Suspension for Non-Payment – Failure to pay may result in suspension of access.
9. Service Levels
9.1 Tugela targets 98% Platform uptime, excluding scheduled maintenance and force majeure.
10. Intellectual Property
10.1 All intellectual property rights in the Platform remain the property of Tugela or its licensors.
10.2 This Agreement does not transfer any intellectual property rights to Users.
10.3 Users are granted a limited, non-exclusive, non-transferable right to use the Platform.
11. Data Protection
11.1 Technical Safeguards – Tugela implements appropriate security and data protection measures as required under POPIA.
12. Confidentiality
12.1 Each party will keep in confidence all Confidential Information shared.
12.2 Each Party shall:
- Only use Confidential Information for purposes of this Agreement;
- Only disclose Confidential Information to those who need to know it and who are bound by confidentiality;
- Ensure that any third party complies with similar confidentiality obligations.
12.3 These obligations do not apply to information that:
- Is in or comes into the public domain through no fault of the receiving party;
- Was independently developed or obtained without use of Confidential Information;
- Is disclosed with prior written approval or as required by law.
12.4 This section shall survive termination of the Agreement.
13. Limitation of Liability
13.1 Tugela is not a licensed financial services provider.
13.2 Use of the Platform does not create any fiduciary relationship.
13.3 Tugela shall not be liable for:
- Any direct, indirect, or consequential losses;
- Interruptions, delays, or errors in Platform access;
- Loss of profits, data, or opportunity.
13.4 Tugela may receive commissions or fees from certain third parties disclosed to Users.
14. Termination
14.1 Tugela may suspend or terminate access for breach of these Terms.
14.2 Users may terminate their Tugela Account by written notice or through the Platform.
14.3 If the User cancels or ceases their Basic Package:
Platform access will be revoked;
- Outstanding fee obligations remain due
- Data may be archived or deleted in accordance with policy;
- FSP-related obligations may continue as per their terms.
15. Dispute Resolution
15.1 Any disputes shall first be attempted to be resolved through good faith discussions.
15.2 If unresolved, disputes may be referred to arbitration in South Africa under applicable arbitration rules.
16. Privacy and Acceptable Use Policies
16.1 By accessing or using the Platform, you agree to Tugela ’s Privacy Policy and Acceptable Use Policy.
16.2 The processing of your Personal Information is subject to POPIA.
16.3 Your use of the Platform must comply with all Tugela policies.
16.4 Tugela reserves the right to modify these policies and notify Users accordingly.
16.5 Any violation of the Acceptable Use Policy may result in termination.
16.6 In the event of conflict between these Terms and policy documents, these Terms will prevail.
16.7 By registering a Tugela Account, you acknowledge and consent to Tugela’s policies.
17. Amendments to Terms
17.1 Tugela reserves the right to modify these Terms at any time, with notice to Users by email or Platform notification.
18. General Provisions
18.1 These Terms constitute the entire agreement between the parties.
18.2 No waiver of any provision shall be binding unless in writing.
18.3 If any provision is found invalid, the remainder shall remain enforceable.
18.4 These Terms shall be governed by the laws of South Africa.
18.5 Force Majeure: Tugela is not liable for delays or failures caused by events beyond its reasonable control.
19. Contact Information
19.1 For any queries regarding these Terms, please contact:
Tugela Connect (Pty) Ltd
UNIT 7 X4 SYFERFONTEIN BEETHOVEN ROAD HARTBEESPOORT NORTH WEST
0216
Email Address: info@Tugela .co.za
Complaints Department: Commercial