Last Updated: March 23, 2025

1. Introduction

Welcome to FinVisor. These Terms of Service ("Terms") govern your use of our website and the financial planning and consultancy services ("Services") provided by FinVisor ("we," "our," or "us").

By accessing our website or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.

2. Definitions

In these Terms:

  • "Client," "you," or "your" refers to any individual or entity that uses our Services.
  • "Content" means all information, text, images, data, links, software, or other material accessible through our website or Services.
  • "Financial Services Board (FSB)" refers to the regulatory body for financial services providers in South Africa.
  • "FAIS Act" refers to the Financial Advisory and Intermediary Services Act, 2002.

3. Services

FinVisor provides financial planning and consultancy services, including but not limited to:

  • Financial planning
  • Investment advisory
  • Retirement planning
  • Tax planning

Our Services are provided in accordance with the FAIS Act and other applicable financial regulations in South Africa.

4. Eligibility

To use our Services, you must:

  • Be at least 18 years old
  • Have the legal capacity to enter into a binding contract
  • Provide accurate and complete information as required

5. Client Responsibilities

As a client, you agree to:

  • Provide accurate, complete, and up-to-date information about your financial situation
  • Promptly inform us of any changes to your financial circumstances or objectives
  • Review all documents and information provided to you
  • Make independent decisions regarding your financial affairs
  • Comply with all applicable laws and regulations

6. Fees and Payment

Our fees vary depending on the Services provided. We will disclose all applicable fees before you engage our Services. Fees may be charged as:

  • Hourly rates
  • Fixed fees for specific services
  • Percentage-based fees for assets under management
  • Retainer fees for ongoing services

Payment terms will be specified in your service agreement. We reserve the right to modify our fees with reasonable notice.

7. Intellectual Property

All Content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of FinVisor or its content suppliers and is protected by South African and international copyright laws.

You may access, download, and print Content from our website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content without our express written consent.

8. Disclaimer of Warranties

Our Services and Content are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, including:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties regarding the accuracy, reliability, or completeness of Content
  • Warranties that our website will be uninterrupted or error-free

Financial markets are inherently unpredictable, and past performance is not indicative of future results. We cannot guarantee any specific investment outcomes or returns.

9. Limitation of Liability

To the maximum extent permitted by law, FinVisor and its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or in connection with:

  • Your use of or inability to use our Services or website
  • Any actions taken based on information provided through our Services
  • Unauthorized access to or use of our systems or data
  • Any investment losses or financial decisions made based on our Services

Our total liability for any claim arising from or related to these Terms or our Services shall not exceed the amount you paid to us for the Services giving rise to such claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless FinVisor and its directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your provision of inaccurate or incomplete information
  • Your use of our Services or website
  • Any actions taken based on our advice that violate applicable laws or regulations

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

You may terminate your engagement with us according to the terms specified in your service agreement. Upon termination:

  • All rights granted to you under these Terms will cease
  • You must cease all use of our Services
  • You remain liable for any fees incurred prior to termination

12. Confidentiality

We maintain strict confidentiality regarding your personal and financial information. We will not disclose your information to third parties except as:

  • Necessary to provide our Services
  • Required by law or regulatory authorities
  • Authorized by you in writing

For more information on how we collect, use, and protect your information, please review our Privacy Policy.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with any service agreements you enter into with us, constitute the entire agreement between you and FinVisor regarding our Services and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at:

FinVisor
10 Parow Rd, Maitland
Cape Town, 7405
South Africa

Phone: +27 21 023 2823
Email: [email protected]