Terms of Use

By Onemoola • May 4, 2025

1. Introduction and Acceptance of Terms

1.1. These Terms of Use (“Terms”) govern your access to and use of the website, mobile application, financial advisory, and intermediary services (collectively, the “Services”) provided by Onemoola (Pty) Ltd (Registration Number: 2016 / 385410 / 07), (“Onemoola”, “we”, “us”, “our”).

1.2. These Terms constitute a legally binding agreement between you (“User”, “you”, “your”) and Onemoola.

1.3. By accessing or using the Services, you confirm that you:

a) Have read, understood, and agree to be bound by these Terms;

b) Meet the eligibility requirements set out in Section 3;

c) Consent to the collection and use of your information as set forth in our Privacy Policy, which is incorporated by reference into these Terms.

1.4. Key Definitions:

2. Description of Services

2.1. Onemoola provides Services that include:

a) Access to the Platform for financial planning and information purposes.

b) Automated financial advice and retirement planning tools based on information you provide.

c) Review and potential approval of financial plans generated by the Platform by a qualified human Advisor.

d) Acting as an intermediary to facilitate the implementation of approved financial plans by transmitting your instructions and necessary information to third-party Fund Managers selected by you via the Platform.

e) Providing customer support related to the use of the Platform and Services.

2.2. Important Limitations:

a) Onemoola provides financial advice and acts as an intermediary. Onemoola does not directly execute trades, hold client funds or assets, or provide custody services. All investment execution and asset holding are performed by the third-party Fund Managers you select.

b) While the Platform provides automated advice and plans may be reviewed by an Advisor, the ultimate decision to proceed with any financial plan or investment rests solely with you.

c) The availability and performance of the Services depend on various factors, including third-party systems (like Fund Managers, internet providers) beyond our direct control.

2.3. Service Modification: We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, although we will endeavour to provide reasonable notice of material changes where practicable.

2.4. Geographical Limitation: The Services are intended primarily for use by residents within the Republic of South Africa. Use of the Services outside South Africa may be subject to local laws and regulations, and you are responsible for compliance therewith.

3. User Eligibility and Account Registration

3.1. To be eligible to register for an Account and use the Services, you must:

a) Be at least 18 years old.

b) Have the legal capacity to enter into binding contracts.

c) Be a resident of the Republic of South Africa (or meet specific criteria for non-residents if explicitly permitted by Onemoola).

d) Successfully complete our identity verification (KYC) process as required by FICA.

3.2. Account Registration and FICA/KYC Compliance:

a) You must provide accurate, current, and complete information during the registration process and keep your Account information updated.

b) You agree to provide all documentation and information requested by Onemoola for the purposes of identity verification and ongoing due diligence as required by FICA and our internal policies. This may include, but is not limited to, copies of your ID document/passport, proof of address, proof of income, source of funds declaration, and potentially photographic verification.

c) Your access to and use of the Services are conditional upon successful completion of our KYC process and ongoing compliance checks.

d) Failure to provide required information, providing false information, or failure to cooperate with our compliance procedures may result in the suspension or termination of your Account and access to the Services.

4. User Obligations and Responsibilities (Acceptable Use)

4.1. Account Security:

a) You are solely responsible for maintaining the confidentiality and security of your Account login credentials (password, PIN, OTP methods, etc.).

b) You must not share your credentials with any third party.

c) You agree to notify Onemoola immediately at connect@onemoola.com of any suspected or actual unauthorized access to or use of your Account or any other security breach.

d) You are responsible for securing the devices (computer, mobile phone) used to access the Services.

4.2. Lawful Use:

a) You agree to use the Services only for lawful purposes and in accordance with these Terms, our Privacy Policy, and all applicable South African laws and regulations (including, but not limited to, FICA, POPIA, exchange control regulations).

b) You agree not to use the Services for any fraudulent, speculative, manipulative, or illegal activities.

4.3. Prohibited Activities: You agree not to:

a) Provide false, inaccurate, or misleading information to Onemoola or during the use of the Services.

b) Use the Services to conduct or facilitate any activity related to money laundering, terrorist financing, or any other illicit financial activity.

c) Attempt to disrupt, interfere with, or compromise the security or integrity of the Platform or Services, including introducing viruses, malware, or engaging in denial-of-service attacks.

d) Attempt to gain unauthorized access to other user accounts or Onemoola systems.

e) Copy, modify, distribute, sell, lease, or reverse-engineer any part of the Platform or Services or our intellectual property.

f) Use the Services in any way that infringes upon the rights of Onemoola or any third party.

4.4. Transaction Responsibility: You acknowledge and agree that you are responsible for all instructions transmitted and activities conducted through your Account, whether authorized by you or not, unless such unauthorized activity is solely due to Onemoola’s gross negligence or willful misconduct. You are responsible for carefully reviewing any financial plan or instruction before confirming it.

4.5. Cooperation: You agree to cooperate fully with Onemoola in any investigation regarding your use of the Services or compliance with these Terms or applicable laws.

5. Fees and Payment Terms

5.1. Fee Schedule: Access to and use of certain Services may be subject to fees as detailed in our separate Fee Schedule, which forms part of these Terms. We encourage you to review the Fee Schedule carefully. Fees may include advisory fees, platform access fees, or other charges.

5.2. Fund Manager Fees: You acknowledge that third-party Fund Managers will charge their own fees for investment management and other services, which are separate from and additional to any fees charged by Onemoola. These fees will be disclosed by the respective Fund Managers.

5.3. Payment: You authorize Onemoola to charge applicable fees using the payment method linked to your Account or as otherwise agreed. You agree to maintain valid payment information.

5.4. Fee Changes: Onemoola reserves the right to change its fees or introduce new charges. We will provide you with reasonable prior notice of any fee changes via email or notification on the Platform, in accordance with applicable laws like the Consumer Protection Act (CPA). Your continued use of the Services after the effective date of the fee change constitutes your acceptance of the new fees.

5.5. Non-Payment: Failure to pay applicable fees may result in the suspension or termination of your access to the Services. We may charge interest on overdue amounts at the maximum rate permitted by law and recover reasonable collection costs.

6. Intellectual Property Rights

6.1. Onemoola IP: The Platform, Services, and all content therein (including text, graphics, logos, software, algorithms, trademarks) are the exclusive property of Onemoola or its licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2. Limited License: Onemoola grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use in accordance with these Terms.

6.3. Restrictions: You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Onemoola IP, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Onemoola or its licensors, except for the licenses and rights expressly granted in these Terms.

7. Disclaimers and Limitation of Liability

7.1. General Disclaimer: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONEMOOLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. ONEMOOLA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, OR SECURE, OR THAT ANY INFORMATION PROVIDED IS ACCURATE, RELIABLE, OR COMPLETE.

7.2. Investment Risk: You acknowledge that all investments involve risk, and the value of investments may fall as well as rise. Past performance is not indicative of future results. Onemoola does not guarantee any investment outcomes. Financial advice provided is based on the information you supply and automated models; changes in your circumstances or market conditions can affect outcomes.

7.3. Third-Party Reliance: Onemoola is not responsible for the acts, omissions, accuracy, or reliability of any third-party Fund Managers, verification services, payment providers, or other third parties linked to or used in connection with the Services. We are not liable for losses caused by the failure or interruption of such third-party systems.

7.4. Limitation of Liability:

a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE CPA), ONEMOOLA, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF ONEMOOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b) SUBJECT TO APPLICABLE LAW AND CLAUSE 7.4(c) BELOW, ONEMOOLA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE LIMITED TO THE GREATER OF: (I) THE TOTAL FEES ACTUALLY PAID BY YOU TO ONEMOOLA FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) A NOMINAL AMOUNT TO BE DETERMINED IN CONSULTATION WITH LEGAL COUNSEL.

c) THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY RESULTING FROM ONEMOOLA’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE SOUTH AFRICAN LAW (SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR CERTAIN LIABILITIES UNDER THE CPA).

7.5. User Responsibility: Onemoola shall not be liable for any losses resulting from:

a) Your failure to maintain the security of your Account credentials.

b) Your provision of inaccurate or incomplete information.

c) Your failure to comply with these Terms or applicable laws.

d) Actions or instructions transmitted through your Account, whether authorized or not (unless due solely to our gross negligence).

8. Indemnification

You agree to indemnify, defend, and hold harmless Onemoola and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

a) Your access to or use of the Services.

b) Your violation of these Terms.

c) Your violation of any applicable law or regulation.

d) Your violation of any rights of any third party.

e) Any information or content you submit, post, transmit, or make available through the Services.

f) Your negligence or willful misconduct.

9. Account Suspension and Termination

9.1. Termination by You: You may terminate your agreement to these Terms and close your Account at any time by following the instructions on the Platform or contacting customer support at connect@onemoola.com, provided you have settled any outstanding fees or obligations.

9.2. Suspension or Termination by Onemoola: We reserve the right to suspend or terminate your Account and access to the Services, immediately and without prior notice, or with notice where appropriate, if:

a) You materially breach any provision of these Terms.

b) You fail to pay applicable fees when due.

c) We suspect you are engaging in fraudulent, illegal, or prohibited activities.

d) You fail to comply with our FICA/KYC requirements or provide requested information.

e) We are required to do so by law, regulation, or order from a competent authority.

f) Your conduct poses an unacceptable risk to Onemoola, other users, or the integrity of the Platform (as determined in our reasonable discretion).

g) Your Account remains inactive for an extended period, the duration of which will be determined by Onemoola in its reasonable discretion and communicated where feasible.

h) We decide to discontinue the Services (subject to providing reasonable notice where feasible).

9.3. Consequences of Termination: Upon termination for any reason:

a) Your right to access and use the Services will cease immediately.

b) We may deactivate or delete your Account and related information (subject to our data retention obligations under POPIA and FICA, as detailed in the Privacy Policy).

c) You remain liable for all fees and obligations incurred up to the date of termination.

d) Provisions of these Terms that by their nature should survive termination (including, but not limited to, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution) shall survive.

10. Dispute Resolution Process

10.1. Initial Contact: For any concerns or disputes, please first contact Onemoola customer support at connect@onemoola.com. We will attempt to resolve the matter informally.

10.2. Formal Complaint: If the matter is not resolved through customer support, you may lodge a formal complaint following our internal complaints procedure.

10.3. External Resolution: If you are not satisfied with the outcome of our internal process, you may have the right to refer the matter to relevant external bodies, such as:

a) The Ombudsman for Financial Services Providers (FAIS Ombud) for complaints related to financial advice.

b) The National Consumer Commission (NCC) or Tribunal (NCT) for issues falling under the CPA.

c) The Information Regulator for data protection complaints (see Privacy Policy).

10.4. Litigation: Subject to the above, any legal action arising out of these Terms or the Services shall be brought before the competent courts of South Africa.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You agree to the non-exclusive jurisdiction of the courts of South Africa [Consider specifying Magistrate’s or High Court jurisdiction after legal review].

12. Amendments to Terms

12.1. Onemoola reserves the right to amend these Terms at any time.

12.2. We will notify you of material changes by posting the updated Terms on the Platform, sending an email notification to the address associated with your Account, or through other appropriate communication channels. The date at the top will indicate the effective date.

12.3. We will endeavour to provide reasonable notice before material changes take effect, particularly those impacting your rights or obligations under law (e.g., as required by the CPA or ECTA).

12.4. Your continued use of the Services after the effective date of the amended Terms constitutes your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services and close your Account.

13. General Clauses

13.1. Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Fee Schedule, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Onemoola regarding the Services and supersede all prior agreements or understandings, whether written or oral.

13.2. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

13.3. Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Onemoola.

13.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Onemoola may freely assign or transfer its rights and obligations under these Terms without restriction.

13.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Onemoola via email, posting on the Platform, or other electronic means. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notices to Onemoola should be sent to connect@onemoola.com or the registered physical address.

14. Contact Information

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