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Terms and Conditions

Effective Date: January 1, 2025

Last Updated: January 15, 2025

Version 2.0

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms and Conditions, unless the context otherwise requires:

  • "Banking Information" means any financial account details, including but not limited to account numbers, branch codes, account holder names, and related banking credentials
  • "Platform" means the Banking Details website, mobile application, and all related services operated by Kanvas Creative Solutions
  • "Services" means all features, tools, and functionalities provided through the Platform
  • "User Content" means any banking information, profile data, or other content uploaded, created, or shared by users
  • "We," "Us," "Our" refers to Kanvas Creative Solutions (Pty) Ltd, the operator of the Platform
  • "You," "Your" refers to the individual or entity using the Platform

1.2 Interpretation

  • Headings are for convenience only and do not affect interpretation
  • References to singular include plural and vice versa
  • References to any law include amendments and replacements

2. ACCEPTANCE AND MODIFICATION OF TERMS

2.1 Acceptance

By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, you must not use the Platform.

2.2 Legal Capacity

You represent and warrant that:

  • You are at least 18 years of age or the age of majority in your jurisdiction
  • You have the legal capacity to enter into binding agreements
  • Your use of the Platform complies with all applicable laws and regulations

2.3 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

  • Email notification to registered users
  • Prominent notice on the Platform
  • In-app notifications where applicable

Continued use of the Platform after changes constitutes acceptance of the modified Terms.

3. PLATFORM DESCRIPTION AND SERVICES

3.1 Core Services

The Platform provides:

  • Secure storage and management of banking information
  • Generation of shareable links and QR codes for banking details
  • Professional presentation templates for financial information
  • Account management and organization tools
  • Security features including encryption and access controls

3.2 Service Availability

  • Services are provided on an "as available" basis
  • We aim for 99.5% uptime but do not guarantee uninterrupted service
  • Maintenance windows may temporarily affect availability
  • We reserve the right to modify or discontinue services with reasonable notice

3.3 Service Limitations

The Platform is designed for legitimate sharing of banking information and does not:

  • Provide financial advice or investment guidance
  • Process financial transactions or payments
  • Verify the accuracy of banking information provided by users
  • Act as a financial institution or payment processor

4. USER REGISTRATION AND ACCOUNTS

4.1 Account Creation

To use the Platform, you must:

  • Provide accurate and complete registration information
  • Maintain and update your information as necessary
  • Choose a secure access method (PIN-based authentication)
  • Verify your email address through our verification process

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breaches
  • Using strong, unique authentication methods

4.3 Account Restrictions

We may suspend or terminate accounts that:

  • Violate these Terms and Conditions
  • Are associated with fraudulent or illegal activities
  • Remain inactive for extended periods (12+ months)
  • Pose security risks to the Platform or other users

5. USER OBLIGATIONS AND PROHIBITED CONDUCT

5.1 Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not:

  • Share banking information belonging to others without authorization
  • Use the Platform to facilitate fraud, money laundering, or other illegal activities
  • Attempt to gain unauthorized access to other users' accounts or information
  • Interfere with the Platform's security features or functionality

5.2 Information Accuracy

You warrant that:

  • All banking information you provide is accurate and up-to-date
  • You have the right to share any banking information uploaded to the Platform
  • You will promptly update information when it changes
  • You will not provide false or misleading information

5.3 Prohibited Activities

You must not:

  • Use automated systems to access or interact with the Platform
  • Reverse engineer, decompile, or attempt to extract source code
  • Distribute malware, viruses, or other harmful code
  • Engage in any activity that could damage our reputation or business
  • Violate any applicable laws, regulations, or third-party rights

6. DATA PROTECTION AND PRIVACY

6.1 Data Collection and Use

We collect and process personal and banking information in accordance with:

  • Our detailed Privacy Policy
  • The Protection of Personal Information Act (POPIA) of South Africa
  • International data protection standards and best practices

6.2 Data Security Measures

We implement comprehensive security measures including:

  • 256-bit SSL encryption for data transmission
  • Advanced encryption for data at rest
  • Regular security audits and penetration testing
  • Access controls and authentication systems
  • Secure data centers with physical security measures

6.3 Data Sharing and Third Parties

We do not sell, rent, or share your personal or banking information with third parties except:

  • When you explicitly choose to share information through our sharing features
  • As required by law or legal process
  • To protect our rights, property, or safety
  • With your explicit consent

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Platform Ownership

The Platform, including its design, functionality, content, and underlying technology, is owned by Kanvas Creative Solutions and protected by:

  • South African and international copyright laws
  • Trademark registrations and applications
  • Trade secret and proprietary information laws
  • Other applicable intellectual property rights

7.2 User Content License

By uploading banking information or other content, you grant us a limited, non-exclusive license to:

  • Store and display your information as necessary to provide services
  • Generate shareable links and QR codes for your banking details
  • Back up and secure your information
  • Provide customer support and troubleshooting

7.3 Restrictions

You may not:

  • Copy, reproduce, or distribute Platform content without permission
  • Use our trademarks, logos, or branding without authorization
  • Create derivative works based on the Platform
  • Remove or modify copyright notices or proprietary markings

8. FINANCIAL SERVICES COMPLIANCE

8.1 Regulatory Compliance

While we are not a financial institution, we comply with applicable regulations including:

  • Financial Intelligence Centre Act (FICA) requirements where applicable
  • Consumer protection regulations
  • Electronic transactions and communications laws
  • Anti-money laundering (AML) guidelines

8.2 Know Your Customer (KYC)

We may require additional verification for:

  • High-volume users or business accounts
  • Suspicious activity or transactions
  • Compliance with regulatory requirements
  • Enhanced security measures

9. LIMITATION OF LIABILITY AND DISCLAIMERS

9.1 Service Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability, fitness for a particular purpose, or non-infringement
  • Uninterrupted, error-free, or secure operation
  • Accuracy, reliability, or completeness of information
  • Freedom from viruses or other harmful components

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from unauthorized access to or use of the Platform
  • Any damages exceeding the amount paid by you for the Platform in the preceding 12 months

9.3 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, cyber attacks, or infrastructure failures.

10. INDEMNIFICATION

10.1 User Indemnification

You agree to indemnify, defend, and hold harmless Kanvas Creative Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use of the Platform
  • Your violation of these Terms and Conditions
  • Your infringement of any third-party rights
  • Any false or misleading information you provide

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in your dashboard
  • Contacting our support team
  • Following the procedures outlined in our Privacy Policy

11.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms and Conditions
  • Your account is associated with illegal activities
  • We receive valid legal orders requiring termination
  • Termination is necessary to protect the Platform or other users

11.3 Effect of Termination

Upon termination:

  • Your access to the Platform will cease
  • Your data will be handled according to our Privacy Policy
  • Outstanding obligations will survive termination
  • You may request data export within 30 days of termination

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of South Africa, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa, specifically the Gauteng Division of the High Court.

12.3 Alternative Dispute Resolution

Before pursuing legal action, parties agree to attempt resolution through:

  • Direct negotiation in good faith
  • Mediation through a mutually agreed mediator
  • Arbitration as a final alternative to litigation

13. ADDITIONAL PROVISIONS

13.1 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kanvas Creative Solutions regarding the Platform.

13.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it in the future.

13.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

14. ACCESSIBILITY AND TECHNICAL REQUIREMENTS

14.1 Accessibility Commitment

We strive to make the Platform accessible to users with disabilities and comply with applicable accessibility standards.

14.2 Technical Requirements

Optimal use of the Platform requires:

  • Modern web browser with JavaScript enabled
  • Stable internet connection
  • Compatible operating system and device
  • Current security software and settings

15. INTERNATIONAL COMPLIANCE

15.1 Cross-Border Use

If you access the Platform from outside South Africa, you are responsible for compliance with local laws and regulations.

15.2 Export Controls

The Platform may be subject to export control laws. You agree not to export or re-export any content in violation of applicable laws.

16. CONTACT INFORMATION

16.1 General Inquiries

Kanvas Creative Solutions (Pty) Ltd
Email: support@bankingdetails.co.za
Website: https://kanvas.co.za
Business Hours: Monday - Friday, 8:00 AM - 5:00 PM SAST

16.2 Legal Notices

For legal matters, compliance issues, or formal notices:
Email: legal@kanvas.co.za

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