Terms and Conditions

Welcome to Sage Pastel My Money, an online personal finance management service designed especially for individuals. These terms and conditions are intended to explain our obligations as the provider of Sage Pastel My Money and your obligations as a user. Please read them carefully.

These terms and conditions are binding on the use of the service and apply to you from the time that Sage Pastel My Money made the service available to you.

The Sage Pastel My Money service will continuously grow; offering you an up to date service. These terms and conditions are not intended to answer every question or address every issue raised during the use of the Sage Pastel My Money service.

Sage Pastel My Money reserves the right to change these terms and conditions at any time, effective upon the posting of modified terms and conditions and Sage Pastel My Money will make every effort to communicate all the changes to you via email or the website. It is your responsibility to ensure that you have read, understood and agreed to the any of the terms available on the website.

By registering for the service, you acknowledge that you have read and understood these terms and conditions and have the authority to act on behalf of any person for whom you are using the service.

1. Copyright

1.1. Copyright in all material, information and logos presented on this website, vest with Sage Pastel, a division of Sage (Pty) Ltd.
1.2. The content of this website is protected under applicable South African and International law including, but not limited to, South African Copyright and Trademark laws, International Copyright and Trademark laws and Conventions.
1.3. Nothing contained on this website should be construed as granting any license or right to use any material on this site. The user may however download, retrieve, view, print, refer to or cite the content of this site for private, educational or non-commercial home use only.
1.4. Users seeking permission to use the content of this site for commercial purposes may e-mail info@pastelmymoney.co.za.
1.5. Sage Pastel cannot, nor does it, exercise continuous editorial control over the content of this site and accepts no responsibility for any illegal, discriminatory, defamatory or obscene content appearing on this site. You are invited to inform Sage Pastel of such matters appearing on this site, to the person referred to in clause 1.4 above.

2. Your Obligations

2.1. Access conditions:

2.1.1. You must ensure that your username and password, that are essential to access the service, are kept secure and confidential. You must instantly notify Sage Pastel My Money of any unauthorised use of your password or any other breach of security. You have the option to reset your password and you must take all other actions that Sage Pastel My Money reasonably deems essential to maintain or improve the security of Sage Pastel My Money's computing systems and networks and your access to the services.
2.1.2. As a condition of these terms and conditions, when accessing and using the services, you must:
2.1.2.1. not attempt to undermine the security or integrity of Sage Pastel My Money's computing systems or networks or, where the services are presented by a third party, that third party's computing systems and networks;
2.1.2.2. not use, or misuse, the services in any way which may impair the functionality of the services or website, or other systems used to deliver the services or impair the ability of any other user to use the services or website;
2.1.2.3. not attempt to gain illegal access to any resources other than those to which you have been given express consent to access or to the computer system on which the services are hosted;
2.1.2.4. not convey, or input into the website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
2.1.2.5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the services or to operate the website except as is strictly essential to use either of them for normal process.

2.2. Communication Conditions:

2.2.1. When you make any communication on the website, you signify that you are permitted to make such communication. Sage Pastel My Money is under no obligation to ensure that the communications on the website are genuine or that they are related only to the use of the services. As with any other web-based forum, you must exercise caution when using the message tools available on the website. However, Sage Pastel My Money does reserve the right to remove any communication at any time in its sole will.

3. Confidentiality and Privacy

3.1. Confidentiality:

Unless the relevant party has the prior written agreement of the other or unless required to do so by law:

3.1.1. Each party will preserve the privacy of all Private Material of the other obtained in joining with these terms and conditions. Neither party will, without the prior written agreement of the other, reveal or make any Private Material available to any person, or use the same for its own advantage, other than as expected by these terms and conditions.
3.1.2. Each party's responsibilities under this clause will survive termination of these terms and conditions.
3.1.3. The provisions of clauses 3.1.1 and 3.1.2 shall not apply to any information which:
3.1.3.1. is or becomes public information other than by a breach of this clause;
3.1.3.2. is received from a third party who legally acquired it and who is under no obligation limiting its disclosure;
3.1.3.3. is in the ownership of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
3.1.3.4. is individually developed without access to the Private Material.

3.2. Privacy:

Sage Pastel My Money maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy here and you will be taken to have acknowledged that policy when you accept these terms and conditions.

4. Intellectual Property

4.1. General:

Title to, and all Intellectual Property Rights in the services, the website and any documentation relating to the services remain the property of Sage Pastel My Money.

4.2. Ownership of Data:

Title to, and all Intellectual Property Rights in, the data remain your property. You grant Sage Pastel My Money a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the services and for any other purpose related to delivery of services to you.

4.3. Back up of Data:

You must maintain copies of all records entered into the service. Sage Pastel My Money adheres to its best practice policies and procedures to avoid data loss, including a daily system data back up regime, but does not make any assurances that there will be no loss of records. Sage Pastel My Money specifically excludes obligation for any loss of records no matter how caused.

4.4. Third-party applications and your data.

If you allow third-party applications in conjunction with the services, you accept that Sage Pastel My Money may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the services. Sage Pastel My Money shall not be responsible for any disclosure, alteration or removal of your records resulting from any such access by third-party application providers.

5. Warranties and Acknowledgements

5.1. Authority:

You warrant that where you have registered to use the service on behalf of another person, you have the authority to agree to these terms and conditions on behalf of that person and agree that by registering to use the service you bind the person, on whose behalf you act, to the performance of any and all responsibilities that you become subject to by virtue of these terms and conditions, without limiting your own personal obligations under these terms and conditions.

5.2. Acknowledgement:

You acknowledge that:

5.2.1. You are authorised to use the services and the website and to access the material and records that you enter into the website, including any information or records entered into the website by any person, you have authorised to use the service. You are also authorised to access the processed material and records that is made available to you through your use of the website and the services (whether that material and records are your own or that of anyone else).
5.2.2. Sage Pastel My Money has no accountability to any person other than yourself and nothing in this agreement confers, or purports to confer, a benefit on any person other than yourself. If you use the services or access the website on behalf of or for the advantage of anybody other than yourself you agree that:
5.2.2.1. You are accountable for ensuring that you have the right to do so;
5.2.2.2. You are accountable for approving any person who is given access to material or records, and you agree that Sage Pastel My Money has no obligation to provide any person access to such material or records without your approval and may refer any requirements for information to you to address; and
5.2.2.3. You will insure Sage Pastel My Money against any claims or loss relating to:
5.2.2.3.1. Sage Pastel My Money's refusal to provide any person access to your material or records in accordance with these terms and conditions,
5.2.2.3.2. Sage Pastel My Money’s making available material or records to any person with your approval.
5.2.3. The provision of, access to, and use of, the services is on an "as seen" foundation and at your own risk.
5.2.4. Sage Pastel My Money does not permit that the use of the service will be uninterrupted or error free. Among other things, the process and availability of the systems used for accessing the service, including telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the services. Sage Pastel My Money is not in any way responsible for any such intrusion or deterrence of your access or use of the services.

6. Help Desk

6.1. Technical Problems:

In the case of technical problems, you must make all reasonable efforts to examine and identify problems before contacting Sage Pastel My Money. If you still need technical support, email us at support@pastelmymoney.co.za.

6.2. Service availability:

Whilst Sage Pastel My Money intends that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the services or website will be inaccessible to permit maintenance or other development activity to take place.

If for any reason Sage Pastel My Money has to interrupt the services for longer periods than Sage Pastel My Money would normally expect, Sage Pastel My Money will use rational actions to publish in advance details of such activity on the website.

7. General

7.1. Entire agreement:

These terms and conditions, together with the Sage Pastel My Money Privacy Policy and the terms and conditions of any other notices or instructions given to you under these terms and conditions of use, succeed and extinguish all prior arrangements, representations (whether oral or written), and understandings and establish the entire arrangement between you and Sage Pastel My Money relating to the services and the other matters dealt with in these terms and conditions.

7.2. Waiver:

If either party waives any breach of these terms and conditions, this will not establish a waiver of any other breach. No waiver will be effective unless made in writing.

7.3. Delays:

Neither party will be liable for any delay or failure in performance of its responsibilities under these terms and conditions if the delay or failure is due to any cause outside its reasonable control.

7.4. No Assignment:

You may not assign or transfer any rights to any other person without Sage Pastel My Money's prior written consent.

7.5. Severability:

If any part or provision of these terms and conditions is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision, which, as far as possible, accomplishes the original purpose of that part, or provision. The remainder of this agreement will be binding on the parties.

7.6. Notices:

Any notice given under these terms and conditions by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Sage Pastel My Money must be sent to support@pastelmymoney.co.za or to any other email address notified by email to you by Sage Pastel My Money. Notices to you will be sent to the email address, which you provided when setting up your access to the service.

Terms and Conditions updated on: 09 January 2013