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Terms of Service

    1. Introduction

    Welcome to Nombu, including all its businesses, platforms, and services (collectively, “Nombu,” “we,” “us,” or “our”). This Terms of Service (“Terms”) applies to all users, clients, participants, vendors, contractors, and other stakeholders engaging with Nombu services.

    By accessing or using any Nombu service, you (“user,” “client,” or “participant”) agree to be bound by these Terms, together with any additional service-specific guidelines, notices, or agreements. If you do not agree, you must refrain from using our services.


    2. Eligibility and User Obligations

    • Users must be at least 18 years old and legally permitted to engage in the relevant transactions under their jurisdiction.
    • All information provided must be accurate, current, and complete.
    • Users are responsible for maintaining the confidentiality of login credentials and account activity.
    • Nombu may suspend or terminate access if false information, fraudulent activity, or misuse is detected.


    3. Regulatory Compliance

    • Nombu operates under the oversight of relevant South African regulators, including the FSCA, and is subject to POPIA, FAIS, FIC Act, and other applicable laws.
    • Users must comply with all relevant local and international regulations, including AML and CTF frameworks.
    • Certain activities may require licenses (e.g., ODP, CASP). Users agree to cooperate with compliance requirements.

     

    4. Know Your Customer (KYC) and Anti-Money Laundering (AML)

    • All users must complete KYC verification before using Nombu services.
    • Submission of identification, proof of address, corporate documents, and beneficial ownership details is required where applicable.
    • Nombu may conduct ongoing monitoring, transaction surveillance, and sanctions screening.
    • Non-completion of KYC or AML checks will result in denial or suspension of services.


    5. Services Provided

    • Nombu provides various services across its businesses and subsidiaries.
    • Services are provided “as is” and “as available.” Nombu does not guarantee uninterrupted or error-free operations.


    6. Fees and Payments

    • All fees, charges, and costs are disclosed in the applicable fee schedule.
    • By using Nombu services, you authorise certain automatic fee deduction, depending on the service.
    • Crypto asset transactions are subject to network fees (“gas fees”). Fees are non-refundable unless required by law.


    7. User Conduct and Prohibited Activities

    • Users may not compromise platform integrity, security, or functionality. Prohibited activities include:
    • Market manipulation, fraud, insider trading
    • Money laundering or terrorist financing
    • Hacking or exploiting platform vulnerabilities
    • Nombu may suspend or terminate accounts, freeze assets, or report users to authorities.

     

    8. Data Protection and Privacy

    • Personal information is processed according to POPIA, ISO 27001, and applicable international standards.
    • Data may be stored in South Africa or secure international jurisdictions.
    • Users may request access, correction, or deletion of their personal information, subject to legal and regulatory requirements.


    9. Intellectual Property

    • All intellectual property, including logos, trademarks, software code, content, and design, remains the exclusive property of Nombu.
    • Users may not copy, distribute, reverse-engineer, or exploit Nombu IP without written consent.
    • The TradePact name and other Nombu brands are registered or pending trademarks; unauthorised use is prohibited.


    10. Limitation of Liability

    • Nombu is not liable for indirect, incidental, or consequential damages from use or inability to use services.
    • Total liability is limited to fees paid by the user in the 12 months preceding the claim, except for fraud, gross negligence, or willful misconduct.


    11. Indemnity

    • Users agree to indemnify and hold harmless Nombu, its directors, employees, and affiliates from any claims, damages, or expenses arising from violations of these Terms or applicable laws.


    12. Dispute Resolution

    • Disputes shall first be referred to internal resolution mechanisms.
    • If unresolved, disputes may be referred to the FAIS Ombud (if applicable) or binding arbitration under the Arbitration Foundation of Southern Africa (AFSA).
    • Arbitration shall take place in Johannesburg, South Africa, unless otherwise agreed.

     

    13. Governing Law and Jurisdiction

    • These Terms are governed by South African law.
    • Users submit to South African courts for matters not resolved by arbitration.

     

    14. Amendments

    • Nombu may amend these Terms at any time.
    • Material changes will be communicated via email or platform notices. Continued use constitutes acceptance.

     

    15. Termination

    • Nombu may terminate access immediately for breach of Terms, regulatory non-compliance, or unlawful activity.
    • Users may terminate their account at any time, subject to settlement of outstanding obligations.