Momentum Terms and Conditions

“Digital Platform” means the Momentum internet website (accessed via www.momentum.co.za) and/or any Momentum Apps.

“Momentum” means a division of Momentum Metropolitan Life Limited Registration number: 1904/002186/06 and any of its affiliates or subsidiaries.

“Momentum Apps” means any online application Software that is provided by or is connected with Momentum that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.

“Personal Information” means information relating to you or any person, including, but not limited to, information relating to:

• race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, wellbeing, disability, religion, conscience, belief, cultural affiliation, language and birth;
• education, medical, financial, criminal or employment history;
• any identifying number, account or client number, password, pin code, symbol, e-mail address, domain name or IP address, mobile device identifier, physical address, cellular phone number, telephone number or other particular assignment;
• blood type, fingerprint or any other biometric information;
• personal opinions, views or preferences;
• correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence);
• the name of the person, if it appears with other Personal Information relating to such person, or if the disclosure of the name itself would reveal information about the person; provided that such Personal Information is not in the public domain or held by a public body and is publicly accessible.

“Software” means collectively: (i) online application software that is provided by or is connected with Momentum (ii) all the contents of the software under this user agreement, including the object code form of the software; and (iii) upgrades, modified versions, updates, additions, and copies of the software, if any, in respect of which the rights are granted to you under this user agreement.

“working day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.

“you” or “your” means the end user (either an individual or an entity) of the Digital Platform.

This user agreement is between you and Momentum. Momentum grants you a non-exclusive, non-transferable right to use the Digital Platform under the terms and conditions set out below. No agreement will be concluded between you and Momentum if you are under the age of 18 years.

You (i) accept the right granted to you in terms of clause 1.2.1 above; (ii) are authorised only to use the Digital Platform for your own purposes in relation to this user agreement and shall not exploit it for commercial gain under any circumstances whatsoever; and (iii) acknowledge that you obtain no rights of ownership in the software whatsoever.

By using the Digital Platform, you acknowledge that you have read, understand and expressly agree to the terms and conditions of this user agreement. In the event that you do not agree to these terms and conditions, please do not continue using the Digital Platform.

Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Digital Platform, your cell phone provider may, depending on the type of contract you have, charge you for accessing the Digital Platform or for any usage of the Digital Platform (such as data charges and SMS charges). Momentum cannot be held responsible for these charges.

If you use the Momentum App, then the following will apply:

there will be no charge for data usage except in the instances as set out in clause 1.2.5.2 below. This only applies when accessing the Momentum App via your mobile data and not via WIFI.

data charges will be incurred for and include but are not limited to, use of Google maps, if the Momentum App is opened or accessed via VPN (Virtual Private Network), if analytic reports are generated, if you are using the Momentum App outside of South African borders or in the case of any malicious use (see clause 1.6.2 below) of Momentum App by a user.

Please note: if you are an MTN client, your no charge for data usage is capped by MTN. This means that should you reach your daily limit and then access the Momentum App, you may incur data charges.

Momentum in its sole discretion reserves the right to revoke the offering of no charge for data and may provide you with less than 24 hours’ notice of such cancellation.

This user agreement is effective from the first date you download and install the Momentum App or access the Digital Platform. You may terminate this user agreement at any time by permanently deleting, destroying, and returning, at your own costs, the Momentum App, all backup copies and all related materials provided by Momentum.

Momentum may automatically and immediately terminate the licence granted hereunder without notice if you fail to comply with any provision of this user agreement.

If you use the Digital Platform, you agree to keep your login details (your user name and password) a secret and not allow any other person to use it. Should you enable and use fingerprint authentication to access the Digital Platform from your mobile device, you agree to take precautionary measures to keep your device safe from any unauthorised access.

You accept full responsibility for any activity/transaction that occurs under your login details, even if you have shared your user name and password. Any use of your login details shall be regarded as if you were the person using such information.

When choosing a user name and/or password, Momentum may specify certain requirements that you will need to meet. These requirements may change from time-to-time and you may be required to update your credentials.

Momentum may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.

Momentum reserves the right to change any of the terms and conditions contained in this user agreement at any time and in its sole discretion.

When Momentum makes changes, to Ts and Cs, you will be presented with the latest version (or notification that the Ts and Cs have been updated) the next time you access the Digital Platform. You will need to accept the updated Ts and Cs (or acknowledge that you are aware that changes have been made to Momentum’s Ts and Cs) before you can continue using the Digital Platform. Any changes will be effective immediately upon posting on the Digital Platform.

Your continued use of the Digital Platform following the posting of changes will constitute your acceptance of such changes. You undertake to review this user agreement whenever you visit the Digital Platform.

You shall not (i) except to the extent as may be permitted by law, modify, translate, correct any error, defect or operating anomalies or create derivative works based on the Software and Momentum App, nor reverse assemble, decompile or reverse engineer the Software and Momentum App, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Software and Momentum App or any files contained in or generated by the Software and Momentum App, nor shall you permit, whether directly or indirectly, any third party to do any of the foregoing; or (ii) sell, lease, encumber, sublicense, lend, transfer or assign the Software and Momentum App to any other third party.

You must not misuse the Software and Momentum App by introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software and Momentum App. You are responsible for making all arrangements necessary for you to have access to the Digital Platform, and for ensuring that all persons who access the Digital Platform through your internet connection and or device are aware of the terms and conditions of this user agreement and that they comply with it.

You agree that you shall only use the Digital Platform in a manner that complies with all applicable laws in the jurisdiction in which you use the Digital Platform, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.

The Digital Platform, Software and Momentum App, and all rights, including, without limitation, intellectual property rights therein, are owned by Momentum and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable laws of the Republic of South Africa.

You agree that you have no intellectual property rights whatsoever in the Digital Platform, Software and Momentum App. The structure, organisation, and code of the Software and Momentum App are the valuable trade secrets and confidential information of Momentum and/or its licensors and affiliates.

You will notify Momentum of any claim which may be made alleging that the Software and Momentum App infringes the intellectual property rights of a third party as soon as you become aware of any such actual or potential claim.

You shall immediately bring to the attention of Momentum any infringement or suspected infringement by any third party of any of the intellectual property rights in the Software and Momentum App of which you are aware.

Although Momentum is committed to providing you with the best possible service you acknowledge that the Digital Platform is provided “as is” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither Momentum, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Digital Platform and its services.

Momentum shall not be liable for any loss or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on the information contained in the Digital Platform.

The Digital Platform has not been written to meet your individual requirements and there is no warranty by Momentum or by any other party that the functions contained in the Digital Platform will meet your requirements or that the operation of the Digital Platform will be uninterrupted or error free.

You assume all responsibility and risk for the selection of the Digital Platform, Software and Momentum App to achieve your intended results and for the installation, authentication methods to gain access, use, and results obtained from it.

The Digital Platform is provided by Momentum on an “as is” and “and available” basis.

Momentum does not guarantee the operation of the Digital Platform and use thereof is at your own risk.

While Momentum is committed to exercising due care it does not guarantee that the Digital Platform, its tools and servers and/or systems are free from viruses or other harmful components.

To the maximum extent permitted by applicable law, Momentum, its employees and licensors shall not be liable to you or to any third party for any liability, losses, damages and/or costs or expenses whether special, direct, indirect and/or of a consequential nature including but not limited to loss of income, loss of profits, loss of business information, business interruption, death or personal injury caused by any nature whatsoever or arising out of the use of or inability to use the Digital Platform, any defect or error in the Digital Platform or any failure in the performance of the Digital Platform and you hereby indemnify Momentum against any such liability.

Momentum is committed to providing you with the best possible service but will not be held liable for:

any interrupted, delayed or failed transmission, storage or delivery of information due to power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other events, circumstances or cause beyond the reasonable control of Momentum;

any inaccurate, incomplete or inadequate information supplied by you via the Digital Platform;

any direct or indirect loss or damages relating to any events described in this clause or the clauses above, your actions or omissions that result in a breach of this user agreement, a denial of access to the Digital Platform should we believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or place Momentum in disrepute.

It is very important that you acknowledge and understand that:

any information provided via the Digital Platform should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any advice, financial services or financial products;

if you have Momentum contracts, policies and/or other Momentum-related products, you will remain bound by the terms of such contracts and any specific conditions of use related thereto.

As a convenience to you, the Digital Platform may contain links to other websites belonging to and/or operated by third parties. These third-party websites are not under the control of Momentum and by making these links available, we are not endorsing these third-party websites, their content, products, services or the owners.

It is your responsibility to ensure that you obtain any information which may be relevant to making a decision, and that you read the privacy and security policy on such third-party websites. Momentum will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites and/or software. You agree that where you access third party websites you do so entirely at your own risk.

Momentum may from time-to-time employ third parties and or their software to assist with certain services and aspects of the Digital Platform. We make every effort to ensure that such third parties comply with our Privacy and Security policies and hold them accountable for any non-compliance.

Momentum seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only our Digital Platform but also such third-party websites.

This user agreement will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa. By accessing and using the Digital Platform, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

Momentum aims to provide you with as much information as possible about what to expect when using this digital platform. The digital platform has been built with the following browsers in mind:

• Mozilla Firefoxopen_in_new
• Google Chromeopen_in_new
• Microsoft Edgeopen_in_new
• Safariopen_in_new
• Operaopen_in_new

The digital platform makes use of JavaScript and cookies. You will need to have JavaScript enabled on your browser for the most effective digital platform usage.

Documents used on this digital platform are stored in PDF, .doc, .xlsx or .txt format. If you don’t have a PDF reader, you can download Adobe Readeropen_in_new for free from the Adobe website.

Users of the digital platform have equal access to content. The digital platform complies with best practice and accessibility standards to allow for meaningful interaction, regardless of abilities or disabilities by providing:

Resizable fonts and images so that users with poor eyesight can enlarge text and images for easier viewing.

High contrast text allows the digital platforms background colour to be changed to allow for easier viewing. Expressively named links appear in different colours to make it easier for colour-blind users to view screen content.

Image descriptions have image text labels that allow for visually impaired users to use text-to-speech software or text-to-Braille hardware.

Simplified mark-up allows users to select a plain text version of the content.

A navigation layout that matches HTML allows users with cognitive difficulties to read with screen readers. Users who are unable to use a mouse or standard keyboard can easily navigate the digital platform with a keyboard or single-switch access device.

The use of plain language helps users with dyslexia or learning difficulties to understand our digital platform content.

The content on this digital platform, including all registered and un-registered trademarks are protected by copyright and owned by Momentum or third parties.

You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without prior written consent from Momentum or the copyright owner.

Nothing contained on this digital platform should be construed as granting any license or right of use of any intellectual property.

In compliance with the Promotion of Access Information Act (PAIA) No. 2 of 2000, and in terms of our commitment to promoting transparency, accountability and effective governance, Momentum respects your privacy and your personal information and as such; we take care to protect your personal information and to keep it confidential.

In terms of Promotion of Access Information Act (PAIA) No. 2 of 2000, you have the right to access information in our records.

To request information held by a Momentum Group Limited entity, please refer to the PAIA Manualopen_in_new for guidance on the process as well as the completion of the prescribed Form Copen_in_new.

In order to register for a My Momentum online profile you must be 18 years of age or older.

A parent or guardian cannot register for a My Momentum online profile on your behalf if you are 18 years of age, or younger.

All transactions are done following the South African Electronic Communications Transaction Act (ECTA), Act No 25 of 2002. An Electronic Transaction Authority (ETA) allows Momentum Group Limited to submit and process information electronically to communicate and conclude transactions. Your consent is given by providing your full name, identity number, email address, and cell phone number, as well as accepting the Terms and Conditions when creating a My Momentum online profile. You give Momentum Group permission to:

• Verify your details.
• Confirm transaction details electronically.

Momentum Group Limited will treat all personal and transactional information as confidential and we will not share any information with third parties.

You accept the outcome of a transaction electronically communicated and as defined by Momentum Group Limited. Any transaction that was accepted electronically by you will be binding.

Momentum Group will communicate sensitive or critical transactions to you in a secure manner and will let you know of security measures you must follow or that are required.

You must update your contact details when they change.

You may cancel this agreement by logging into the Momentum website and clicking on "Terms of service". Please note that this may impact the effectiveness of continued service to you, and Momentum Group may set further requirements if you cancel this agreement or neglect to update your details.

An electronic signature will be deemed to be valid when the method used to identify you and the method used to indicate your approval of the information communicated was reliable and appropriate having regard for the purposes for which the information was communicated. The following standard will be applied to establish if the electronic signature is acceptable:

• Identification of the parties.
• Positive act of acceptance.
• Made under control of signer alone.
• Connect the person signing and the signature to the document.
• Visible, understandable, fair and have provable integrity (high evidentiary weight).
• Verifiable whether it's impartially, forensically, or mathematically.

We provide services and support to you as you navigate through the digital platform.

We will never ask you for account numbers or to log onto any banking or payment website through the digital platform. Do not share account numbers, pin codes or any personal financial information through Web chat.

We may keep transcripts of your web chat for quality purposes. We will not disclose web chat details to third parties, and will only use it to be of service to you, unless you authorise us otherwise. We may add your conversation information to your Momentum client profile.

We may not offer advice or give any form of intermediary service. If you require such a service, we will gladly refer you to a Momentum financial adviser.

We do not accept any liability for any loss you may incur because you have used or relied on the information that was provided via the service.

These are standard terms and conditions for this promotional competition promoted and organised by Momentum Group Limited (Momentum).

By entering this competition, an entrant indicates their agreement to be bound by these terms and conditions.

The terms and conditions will be available on www.momentum.co.za

The promotional competition is open to all South Africans who are:

a) Over 18 (eighteen) years of age.

b) In possession of a valid identity document.

The promotional competition is not open to any person who:

a) Directly or indirectly controls the Momentum 2023 Big Success for Entrepreneurs Competition.

b) Is a supplier of goods or services in connection with the promotional competition.

c) Is the spouse, life partner, business partner or an immediate family member of the person identified in (a) or (b) above.

The promotional competition opens on 3 May 2024 and ends midnight on 20 May 2024. No late entries received thereafter will be considered. The winners will be announced within 25 (twenty-five) working days after the competition closes.

To enter the competition:

a) Visitors and users of the momentum.co.za website, which hosts the Big Success for Entrepreneurs competition portal, can participate in the Momentum 2024 Big Success for Entrepreneurs competition.

Users and visitors of the portal will be required to nominate their own business or another business they know of by filling out a Nomination Form on the portal.

c) Users and visitors will nominate these businesses to see Momentum reward them with a share of R1 million.

d) The nominated business must be in operation for 2 (two) years and, in compliance with the CIPC, financially viable (this will be verified in the form of financial statements, etc) and registered with SARS (South African Revenue Service) for VAT purposes.

e) The competition is also open to business owners who are not fully employed by their business and use it to supplement their current formal employer earnings.

f) The competition is open to all natural persons.

Only 1 (one) entry per person will be permitted, and multiple entries for the same business by the same user/visitor will be considered null and void, and the participant(s) disqualified, i.e. 1 (one) portal visitor/user may only nominate 1 (one) business once. They may nominate more than one business but may not do so more than once.

The entry will be considered to be valid once the nominated business owner submits the following documentation through the competition portal:

a) Company registration letter

b) Business banking confirmation letter

c) BEE certificate

d) Copy of their ID

The business owners will win a share of R1 million (R500 000 for the first prize winner, R300 000 for the first runner-up, R200 000 for the second runner-up) and will be subject to the following criteria

a) A registered, operational business.

b) A South African business.

c) A financially viable business that has existed for at least 2 (two) years.

Once nominations close, a stringent process will determine the shortlisted business owners who qualify to pitch for their share of R1 million. Momentum's judges will use pre-selected criteria to select the final winners.

It is the participant's responsibility to ensure that any information provided to us is accurate, complete and up to date. Momentum (or its agent) will attempt to contact the shortlisted businesses via direct message on social media and phone call once every day for three (3) consecutive working days after the results have been determined. If a shortlisted business owner cannot be reached through the chosen contact details during this period, the prize will be forfeited, and another shortlisted candidate will be selected in accordance with these rules.

Details of when winners will be communicated on Momentum's various marketing channels.

Subject to conditions, confirmed winners will receive a portion (25%) of their share of the prize money. The first portion will be deposited into their validated business bank account once they have been announced as winners and have completed the process of being loaded as vendors on Momentum's financial system. Once winners complete business coaching, as stated in clause 17, they will be eligible to receive the rest of their prize money (75%) via Momentum's financial system.

Winners will be notified by direct messaging, email or telephone and will be required to verify their details.

Winners will receive a consultation subject to availability with a Momentum Financial Adviser to help them responsibly cater to their business needs.

During the term of this Agreement, Sukema Consultingopen_in_new will be appointed as the service provider for Business Coaching. They will provide a Package of Business Development Services ("services") to each of the 3 (three) Momentum Big Success for Entrepreneurs competition winners.

Packages will be tailored in accordance with consulting time (days) and the number of functional area options available.

The winners must ensure they procure their own business legal advice services at their own costs.

Price (value) is a function of time spent dealing with an issue/area.

A gap analysis will be performed concerning the businesses that won, and the results will be used to determine the area/s requiring addressing activities within each functional area (based on the analysis).

In the event of a dispute, Momentum's decision will be final and binding on all aspects of the promotional competition, and no correspondence will be entered into.

Momentum will not be responsible for:

a) Any corrupted, illegible, incomplete, lost, damaged or delayed entries for any reason whatsoever. Entries will only be accepted if they comply with all entry instructions.

b) Prizes that are lost, delayed or damaged in the post or otherwise not validly received by the winner.

c) Any business or legal-related advice to the winners.

d) Any other expenses incurred from entering this competition or being awarded the prize.

The prizes are not transferable or exchangeable for cash.

Momentum reserves the right to substitute any prize (or any part of a prize) for an item of similar value.

The winner will be required to provide their name, identity number, and contact details and sign an acknowledgement of receipt of the prize. The personal information obtained will be used for verification purposes in relation to this competition.

By entering this competition, entrants agree to have their images, video footage, and any other recorded material used on Momentum's marketing channels of choice and/or endorsed, promoted or advertised at no fee or compensation, including but not limited to social media and electronic media/television. Entrants give Momentum the right to broadcast the business pitches that the entrants presented.

Entrants should make themselves available between 27 – 31 May 2024 to participate in the pitch experience, where their business could win a share of R1 million.

If you are a winner of the promotional competition, you automatically grant Momentum permission to use any video footage or photographs taken of you or to publish your name and/or image in marketing or other material for no consideration. Any personal data relating to the winner or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant's prior consent.

Momentum reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the promotional competition (or any part thereof) immediately and without notice. In the event of such a cancellation, termination, modification or suspension, all participants agree to waive any rights they have regarding this promotional competition and acknowledge that they will have no recourse against Momentum or its agents.

Momentum may amend these terms and conditions at its sole discretion. If an amendment is made to the terms and conditions, the amended terms and conditions will be published on the competition portal on Momentum's website. By continuing to participate in the promotional competition, participants agree to be bound by the terms and conditions (as amended).

By participating in the competition, all participants indemnify Momentum, its directors, affiliates, employees, agents, consultants and suppliers against any loss or damages, whether direct, indirect, consequential or otherwise, which a participant may suffer.

No entries from agents or third parties on behalf of an individual or from organised groups or applications automatically generated by computer will be accepted.

All queries relating to competitions can be directed to [email protected]

Eligibility

• This competition is open to all individuals, with the exception of employees from Media24, Momentum, or Lizette Strydom Films, who are not eligible to participate.
• Participants are allowed to submit multiple entries. Each entry must be sent to [email protected] to qualify.

Entry Requirements

• Entry into the competition requires participants to email their answers to the weekly competition question(s) to the specified email address.
• Entries must be submitted within the specified timeframe for each weekly competition. The closing dates will be announced on VIA (DStv channel 147) and VIA's social media platforms.

Selection of Winners

• Throughout the duration of the TV series Geldhelde, nine winners will be selected — one for each week of the series.
• Winners will be chosen through a lucky draw from the pool of participants who have correctly answered the weekly question(s). This random selection process ensures that all correct entries have an equal chance of winning.
• The selection process conducted by Lizette Strydom Films is final and binding in all matters related to the competition.

Notification of Winners

• Winners will be notified via email by Lizette Strydom Films. Participants must ensure their contact information is accurate and up to date.
• Winners are required to respond to the notification email within 10 days. Failure to do so will result in the forfeiture of the prize, and an alternate winner will be drawn.

Prize Distribution

• Prize distribution will occur within two weeks following the broadcast of the final episode of the TV series Geldhelde.
• Winners are solely responsible for providing Lizette Strydom Films with accurate information to ensure they receive their prize.

General Conditions

• By entering this competition, participants agree to be bound by these Terms and Conditions.
• Lizette Strydom Films reserves the right to modify, suspend, or terminate the competition without notice, at its sole discretion.

Privacy

• Personal information collected from participants will be used by Lizette Strydom Films solely for administering the competition and distributing prizes.