1.1 You grant coinsave (including its agents and contractors) authority to monitor, intercept, record and use as evidence all forms of correspondence or communications received by or sent from coinsave or any of its employees, agents or contractors. Specifically, coinsave may record telephone conversations with you. coinsave’s recordings of telephone conversations shall be and remain the sole property of coinsave and shall be evidence of the instructions or conversations so recorded, unless you prove otherwise. You agree that coinsave may deliver copies or transcripts of recordings to any court or regulatory authority. coinsave is not required to maintain copies of such recordings and transcripts.
1.2 In effecting any transaction, coinsave shall not act, nor shall it be deemed to be acting, as your agent nor as the agent of any payee.
1.3 You shall not cede, delegate, make over or transfer any of your rights or obligations in respect of, or arising out of, these terms and conditions without coinsave’s prior written consent. coinsave may cede, delegate, make over or transfer any of its rights or both its rights and obligations under these terms and conditions and/or in respect of the investment account to any person.
1.4 Your domicile address for all notices and processes to be given and served in terms hereof is the physical address detailed on the application form or as notified in writing to coinsave.
1.5 This agreement is subject to the laws of the Republic of South Africa. You hereby consent and submit to the jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the investment account, or these terms and conditions or any matter related to or in connection therewith. coinsave may however institute action in any Magistrates' Court that has jurisdiction.
1.6 Except to the extent that coinsave acted with gross negligence or fraudulent intent, coinsave shall not be liable for any consequential damages you suffer, howsoever arising, as a result of your failure to comply with your obligations in accordance with these terms and conditions and coinsave’s total liability shall, in no circumstances, exceed the actual amount of the transaction or transactions in dispute.
1.7 If any provision of these terms and conditions is or becomes invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way.
1.8 A certificate signed by any officer in the service of coinsave (whose appointment it shall not be necessary to prove) shall constitute sufficient evidence of the facts contained therein for any purpose whatsoever, unless you prove the contrary.
1.9 Subject to applicable law, where the investment account is in both your and another person's name, your’ liabilities under or in connection with these terms and conditions are joint and several and on the death of one of you, coinsave may treat the survivor as the only person entitled to the investment account.
1.10 You undertake to sign or execute any documentation required by coinsave arising from any telephonic or electronic banking conducted by you.