Terms and conditions for the thrive app
(terms)
INTRODUCTION
1.1 These terms apply to you and to your use of the thrive app and are a binding legal agreement between you and us (Thrive).
1.2 Standard Bank is our sponsoring bank for the wallet and other financial services, and so these terms will also bind you and Standard Bank in that regard.
1.3 Please read the terms carefully and pay special attention to the clauses that are in bold, as they may exclude or limit our liability (responsibility) to you.
It is your responsibility to determine whether the thrive app is suitable for your needs. You accept any risks that may result from using the thrive app.
1.4 When you register for the thrive app, you are accepting the terms. This means that you agree to the terms and warrant (promise) that you are at least 18 years old, and that you can enter into a legally binding agreement.
1.5 You warrant (promise) that any information you provide us (through the thrive app or otherwise), is accurate and truthful.
1.6 The terms take effect (begin) when you register for the thrive app.
2. DEFINITIONS
The following terms are used exactly as defined:
App Store
The application store on your device (either the App Store (Apple) or the Google Play Store (Android)) from which you can download the thrive app.
ATM
Automated teller machine.
Business Day
Any day other than a Saturday, Sunday or statutory public holiday in South Africa.
card
A Thrive-branded prepaid card, issued by Standard Bank, that you can link to the wallet.
card PIN
The personal identification number that you choose when your card is activated. The card PIN may be required before you can complete a purchase.
CashSecure device
The Thrive-supplied drop-safe cash-accepting device that counts and stores clients’ money deposits.
device
The device a person uses to access the thrive app, for example a smartphone, tablet or similar technology.
Intellectual property
Works of copyright, trade marks (statutory and common law), patentable inventions, patents, protectable design subject matter, designs and domain names, as well as applications, registrations and unregistered forms of the foregoing, all other intellectual property rights (registered or unregistered) and the right to apply for all of the aforegoing.
merchant
Any person (including any super trader) that can accept card payments or money in your wallet for purchases.
participating retailer
A retail store that accepts bill payments through Pay@.
Pay@
An entity that facilitates bill payments for businesses.
Pay@ reference number
A unique reference number, set out in the thrive app (once you activate it) or sent to you by SMS, that allows you to deposit money into your wallet through Pay@.
payment reference number
The reference number that the supplier gives you to identify your payment.
Personal Information
Information about an identifiable, natural person (individual human being) or, where applicable, a juristic person (legal entity), including information about race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, email, postal or physical address or telephone number; location; any online identifier; any other particular assignment to the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
processing
Any operation or activity, automated or not, relating to Personal Information, including alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification or use.
Process and processed will have a similar meaning.
Profile
The profile we create for you when you register for the thrive app.
prohibited activity
a) Any Illegal or terrorist activity.
b) Money laundering, bribery, tax evasion, corruption and fraud, as well as payments that improperly advantage any person.
c) Any activity that is subject to Sanctions or does not comply with applicable laws.
purchase
The purchase of goods or services from a merchant using your card or money in your wallet.
sanctioned entity
Any natural or juristic person or country listed on any sanctions list or subject to any sanctions, including:
a) In the case of a juristic person: any person (i) who owns or controls it, or (ii) any legal entity that it owns or controls (and for these purposes, owns means holding any percentage of ownership or beneficial interest, and controls means the ability to control the business or policy of the juristic person, whether directly or indirectly, through the voting of shares, by appointing directors or by any other means).
b) In the case of a country: its ministries, departments and agencies or any other governmental organisations.
Sanctioning Body
The European Union (EU), Her Majesty’s Treasury (HMT), the Ministry of Economy, Finance and Industry (France) (MINEFI), the Office of Foreign Assets Control of the Department of Treasury of the United States of America (OFAC), the United Nations Security Council (UNSC), or any other sanctioning body Standard Bank recognises.
sanctions
Any restrictions set by a Sanctioning Body, including diplomatic, travel, trade or financial sanctions or embargoes (bans).
sanctions list
Any list of sanctioned entities published by a Sanctioning Body, as updated from time to time.
SMS
A short message service or text communication.
Standard Bank
The Standard Bank of South Africa Limited (Registration Number 1962/000738/06).
super trader
A person or entity that provides goods or services to you through the thrive app and that you can pay by scanning a QR code (money will go into their wallet).
Supplier
A person or entity that provides goods or services to you and whom you pay using the payment reference number that they have given you (money will go into their bank account).
Thrive, we, us or our
Thrive Digital Trade Proprietary Limited, registration number: 2022/373818/07;
thrive app
The all-in-one business mobile application for a device, described as “helping people with retail stores to thrive”.
transaction
Any debit or credit to your wallet actioned on your instruction, whether through the card or otherwise, including a purchase or a withdrawal.
thrive ID
The unique reference number that we allocate to you so that we can identify you.
VAS
Any value-added service or product that you can offer to your clients through the thrive app.
wallet
A digital wallet that can be accessed through the thrive app. The wallet holds a store of value.
withdrawal
The withdrawal of money from your wallet, through your card or otherwise.
you or your
The person that registers for and uses the thrive app once approved.
3. REGISTERING FOR THE THRIVE APP
3.1 Once you have downloaded the thrive app on your device from your app store, you will need to register by following the prompts displayed on the thrive app.
3.2 During the registration process you will need to provide us with some personal information and also create a PIN that you will use to access the thrive app. You will be required to confirm that you have read and understood and accept the terms before you can use the thrive app.
3.3 To confirm your registration, we will send you a one-time PIN (OTP) to validate the mobile phone number you use to register for the thrive app.
3.4 When you have completed your registration on the thrive app, we will create a profile for you and give you a unique number (thrive ID).
3.5 Standard data costs will be charged when you download and use the thrive app. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.
3.6 You must make sure that you keep the software on your device up to date. If you do not do this, the thrive app may not work properly.
4. OUR SPONSORING BANK
4.1 Our sponsoring bank for the wallet and related financial services is Standard Bank, which means they are responsible for holding your money in your wallet. This also means that we will share your personal information with Standard Bank to enable you to transact on your wallet. Standard Bank will process your personal information in accordance with its privacy statement, which can be found at https://www.standardbank.co.za/southafrica/personal/about-us/legal/privacystatement.
4.2 If you have any questions about the sponsorship arrangement in clause 4.1, you can contact our Support Centre by telephone on 011 636 3640 (at normal charges) or by email at support@thrive.trade, or you can contact Standard Bank through their website at https://www.standardbank.co.za/southafrica/personal/contact-us.
5. USING YOUR WALLET
5.1 You must not use the thrive app or your wallet (or any related card) for any prohibited activities or anything that breaches these terms. You will be responsible for any illegal transactions that you make.
5.2 You can use your wallet (and any related card) only in South Africa.
5.3 You will not earn interest on any money you have in your wallet.
5.4 You must keep your card PIN and wallet PIN secret and safe, and your card safe. We draw your attention to clause 13 which deals with keeping your details safe.
6. LOADING MONEY ONTO YOUR WALLET
6.1 Loading money onto your wallet at a Standard Bank ATM or by using Standard Bank mobile/online banking
6.1.1 Subject to any limits that may apply, you will be able to load (deposit) money onto your wallet through a Standard Bank ATM or by using Standard Bank mobile/online banking. You can do this by selecting “thrive” from the business directory and following the prompts that follow on screen. You will need to enter your thrive ID and any other information we or Standard Bank may require.
6.1.2 We may charge you a fee for loading money onto your wallet at the ATM. We will let you know about this at the time.
6.1.3 You must make sure that you enter the correct thrive ID on the ATM when you make a deposit. If you do not, there is a risk that your wallet will not be credited. Neither we nor Standard Bank will be responsible for any loss you suffer if this happens.
6.2 Loading money onto your wallet at a participating retailer
6.2.1 Subject to any limits that may apply, you will be able to load money onto your wallet by presenting your Pay@ reference number to the participating retailer and letting them know you wish to deposit money into your wallet.
6.2.2 We may charge you a fee for depositing money into your wallet through Pay@ at a participating retailer. We will let you know about this at the time.
6.2.3 You must make sure that you provide the correct Pay@ reference number to the participating retailer when you make a deposit. If you do not, there is a risk that your wallet will not be credited. Neither we nor Standard Bank will be responsible for any loss you suffer if this happens.
6.3 Loading money onto your wallet through a CashSecure device
6.3.1 If you have concluded a CashSecure agreement with us, you will be able to load money onto your wallet through a CashSecure device subject to any limits that may apply. You can do this by following the steps in the operation manual that we provide you with the CashSecure device.
6.3.2 We may charge you a fee for depositing money into your wallet through CashSecure. We will let you know about this at the time.
6.3.3 You must make sure that you enter the correct thrive ID on the CashSecure device when you make a deposit. If you do not, there is a risk that your wallet will not be credited. Neither we nor Standard Bank will be responsible for any loss you suffer if this happens.
7. REDEMPTIONS FROM YOUR WALLET
7.1 You cannot redeem money directly from your wallet. You must first transfer money from the wallet into a bank account that is linked to the wallet and then you can redeem the money. To transfer funds from link a bank account to your wallet, you must have set up a “designated bank account” in the thrive app. (We may ask you to provide us with “proof of banking” details or three months’ bank statements to make sure that the bank account details are valid.) The bank account must be in your name, must be able to receive deposits and must be with a South African bank. Once your bank account has been set up, you can follow the prompts on the thrive app, or you can send us an email at support@thrive.trade with details about how much you want to transfer.
7.2 We will acknowledge your request and let you know whether any limits apply. We will also let you know what the transfer fee will be, and we will deduct this fee from your wallet before the transfer is done. (The transfer fee will vary, depending on how much you want to transfer.) Depending on where your bank account is held, it will take about seven working days to process your request once you and we have agreed that we can go ahead with the transfer.
8. USING YOUR WALLET TO PAY SUPPLIERS AND SUPER TRADERS
8.1 Before you can pay a supplier, you must make sure that they give you a payment reference number, as you will need it to make a payment to them. As the super traders are listed on the thrive app, you can pay them by selecting them or scanning their QR code.
8.2 Each payment you make will be processed using the money available in your wallet.
8.3 You must check that all the details (including the amount and your payment reference number) are correct when you make a payment. Once you confirm a payment, it cannot be reversed.
Neither we nor Standard Bank will be responsible for any loss you may suffer if you insert incorrect details for your payment or if you repeat a payment, and you waive (give up) any claim against us and Standard Bank in this regard.
8.4 If you have a dispute about a payment you made using the thrive app, you must contact the supplier or super trader directly and the dispute must be settled entirely between you and them.
It is your responsibility to comply with any terms and conditions that a supplier or super trader imposes on you in respect of any products that they sell to you.
9. USING YOUR CARD TO MAKE PURCHASES
9.1 If you want to make a purchase outside of the thrive app, you can apply to us for a card, which will be valid until the expiry date that is printed on the front. You cannot use your card after it expires.
9.2 After you receive your card, you must follow the instructions in the information provided with the card, in order to activate the card and link it to your wallet through the thrive app.
9.3 When the card expires and if we agree to it, you may apply for a new card through the thrive app or in any other way that we may tell you about. You may be required to update your personal information before you are given a new card.
9.4 Depending on whether you insert, swipe or tap your card for a purchase, you may have to enter your card PIN on the card machine. You may not always be asked to enter a card PIN to complete a purchase (for example when you tap your card), so always try to keep the card safe.
9.5 Unless we or Standard Bank tell you otherwise, you cannot use your card:
9.5.1 to buy something over the telephone, through the Internet or on any mobile application.
9.5.2 to buy something from a merchant that is not domiciled (does not reside) in South Africa.
9.5.3 to pay for tollgate charges.
9.6 Each purchase you make with your card will be processed against the money in your wallet. You will be able to use your card until you have no money left in your wallet.
9.7 You can manage your card through the thrive app.
9.8 Neither we nor Standard Bank will be responsible if a merchant does not accept your card or if you have a complaint about something that you purchased with your card.
9.9 You cannot have more than one card linked to your wallet.
9.10 What happens if your card is damaged
If your card is damaged, you will need to get a new one from us. You must block (cancel) the old, damaged card through the thrive app as it can still be used if it is not blocked. You will not be charged for a new card if the damage is not your fault.
9.11 What happens if your card is lost or stolen
If you lose your card or your card is stolen, you can block (cancel) the card through the thrive app or in any other way that we may tell you about. You must do this as soon as possible to minimise the loss that you may suffer, as your card can be used until it is blocked.
9.12 Suspending (pausing), unsuspending (restarting) or cancelling (blocking) your card through the thrive app
You can choose to pause or block your card through the thrive app or in any other way that we may tell you about. If you pause the card, you can restart it anytime. If you block your card, we will delink it from your wallet and you will not be able to use it again. If we agree to it, you can apply for a new card. You can link your new card to your wallet by following the relevant prompts.
9.13 Updating your card pin through your thrive app
You can update your card pin at any time on the thrive app. You may be charged for a change of pin, which we will tell you about at the time. If you update your card pin, your old pin will not work. Neither Standard Bank nor Thrive can update your card pin for you.
10. YOUR OBLIGATIONS WITH REGARD TO THE VAS SERVICE
10.1 You acknowledge and agree that:
10.1.1 VAS providers are responsible for the VAS service and they are separate from us and Standard Bank. If your client has a complaint about a VAS purchase, they should contact us (unless their receipt states that they must contact the VAS provider directly) and we will take up the issue with the VAS provider on their behalf.
10.1.2 As we only facilitate the VAS service, neither we nor Standard Bank can have control over the VAS providers’ networks or information technology infrastructure used to provide VAS. Neither we nor Standard Bank can give any guarantee about the VAS service or its performance.
10.1.3 If the thrive app fails in its functions, you cannot sell a VAS to your clients.
10.1.4 The VAS and any commission you make from selling the VAS depend on each VAS provider and may only be valid for a certain period at a time. We will let you know through the thrive app what VAS you can offer to your clients, and what commission each VAS provider will pay to you. If you do not agree concerning the VAS or the commission that you will be paid, do not sell VAS to your clients.
10.1.5 You must check that the mobile phone number is correct when you sell VAS to a client. Once the VAS has been sent to a client, it cannot be reversed. Neither we nor Standard Bank will be responsible for any loss you suffer, and you waive (give up) any claim against us and/or Standard Bank if you insert an incorrect mobile phone number for a VAS transaction.
10.1.6 Each VAS is subject to the VAS provider’s terms and conditions, which we will give to you if you ask for them. You must ensure that you have the latest version of the VAS provider’s terms and conditions.
10.2 If we have enabled you to offer VAS to your clients, you must comply with all our requirements and instructions. For example:
10.2.1 You must keep enough funds in your VAS wallet to cover the cost of the VAS transaction. This means that if there are no funds in your wallet, you will not be able to sell VAS to your clients (your wallet is debited before the VAS can be provided). You authorise that your wallet be debited with the value of each sale less any commission due to you by the VAS provider and that this money be used to pay the VAS provider.
10.2.2 You must bring any VAS terms and conditions to the attention of clients and ensure that they agree to these terms, and particularly the following:
10.2.2.1 Should they have any queries or complaints regarding the VAS purchase, they must contact us (unless their receipt states that they must contact the VAS provider directly) and we will take up the matter with the VAS provider on their behalf.
10.2.2.2 Once a VAS has been purchased, it cannot be refunded for any reason.
10.3 You must let us know as soon as you can if the VAS software is not working for any reason.
10.4 You will be able to see a list of all the VAS transactions that you have concluded, and the commission earned for selling a VAS, through the thrive app. You must take up any valid dispute regarding the debit of any VAS transaction, or commission earned for selling a VAS, directly with the VAS provider. We will, however, facilitate the discussions with the VAS provider on your behalf.
11. YOUR OBLIGATIONS WITH REGARD TO PRODUCTS AND SERVICES OFFERED ON THE THRIVE APP BY OTHER PARTIES
11.1 Parties other than us (third-party providers) may use the thrive app to offer and provide you with certain products and services such as loans for your business (thirdparty products).
11.2 At all times during our dealings with you in respect of any third-party product offered to you through the thrive app, we will act only as a facilitator and/or broker, and not as the actual provider of the product. For example, if the product is a loan, we would not be the actual lender, but will rather introduce the lender and the loan to you.
11.3 You must make sure that you enter the correct information requested on the thrive app when applying for any third-party product through the thrive app. If you do not, there is a risk that the product might not suit your needs.
11.4 Neither we nor Standard Bank will control any third-party product on the thrive app, and neither we nor Standard Bank can warrant that any such product is of good quality or suitable for its purpose, or that any information that a thirdparty provider supplies to you through the thrive app or otherwise is accurate, correct or current.
11.5 It is strictly your choice whether to accept or decline any offer made to you by a thirdparty provider through the thrive app, and you must determine whether that offer is appropriate for you and your needs. If you are uncertain about this, you should contact the relevant third-party provider directly and/or speak to an appropriate financial or other adviser.
11.6 Neither we nor Standard Bank can be held directly or indirectly responsible for any loss that may result from: (1) your reliance on any third-party product offered through the thrive app or (2) a third-party provider’s decision about whether to offer or provide you with a product or service.
11.7 The offer and the provision of a third-party product are subject to the registration procedures and approval criteria laid down by the third-party provider. A third-party product is also subject to term and conditions that the third-party provider enters into with you (product terms).
11.8 You agree that any amount due by you to a third-party provider for a third-party product offered to you through the thrive app may be automatically debited (paid) from your wallet, and you authorise us to do so.
11.9 If you are in breach of product terms, this may affect your ability to access certain features of the thrive app.
11.10 We may charge the third-party provider a fee for introducing them to you. The provider may or may not recover that fee or any portion of it from you under its product terms. We and/or the provider will let you know about this at the time.
11.11 The third-party provider may also charge you fees, charges and interest for the provision of the third-party product. You must read the product terms to understand those fees, charges and interest.
11.12 When you apply for any third-party product through the thrive app, the information that you supply to us through the thrive app and that we gather based on your activities on the thrive app may be disclosed to potential third-party providers as part of their application process(es), and you authorise us to do so. You promise that all information you supply as part of this process will be truthful, accurate, current and complete.
11.13 Any information we share with a third-party provider, will be for the purpose of enabling the third-party provider to assess and/or provide a third-party product to and manage its product terms with you. You authorise the third-party provider to share with us and our affiliates information about you and about the third-party product provided to you
12. KEEPING YOUR DETAILS SAFE
12.1 After you have successfully registered and been approved by us for the thrive app, we may assume that any activity or instruction that we receive from you through the thrive app is genuine and we will act on all such instructions.
12.2 Even if someone else, pretending to be you, used your wallet PIN and mobile phone number to send us an instruction through the thrive app, we may carry it out as if you have authorised it.
12.3 After your card PIN has been entered for a transaction, we may process a transaction as if you had authorised it. Unless you can prove otherwise, you are responsible for all transactions, whether you authorised them or not.
You must keep your card PIN and wallet PIN secret and safe – someone who knows it could use your card to make purchases or withdrawals or get access to your profile and use the money in your wallet. (Even if that person does not have your card PIN, they can still use your card, for example by tapping it for a purchase.) No person ever has a good reason to know or ask for your wallet PIN, so you must never give it to anyone.
12.4 If you have lost your wallet PIN or your card PIN or any other authentication information, or if you suspect that someone may have unauthorised knowledge of your PINs or other secret details but you still have access to your device, you should immediately reset your PINs on the thrive app. If you do not have access to your device (for example if it is lost or stolen), contact us immediately so that we can suspend access to your thrive app until you have informed us that you have a new device.
12.5 Neither Thrive nor Standard Bank has access to your wallet PIN or card PIN.
12.6 If any of the details on your profile (such as your mobile phone number) have changed, you must update these on the thrive app.
12.7 Neither Thrive nor Standard Bank is responsible for any loss you may suffer, and you waive (give up) any claim you may have against us and/or Standard Bank if you:
12.7.1 did not update your profile details on the thrive app;
12.7.2 did not keep your card or wallet PIN safe and your device, card or PINs were used by someone else, either with or without your knowledge;
12.7.3 did not reset your card or wallet PIN; or
12.7.4 did not let us know in time that you lost your card or wallet PIN or that someone else might have unauthorised knowledge of your card or wallet PIN
13. OUR INTELLECTUAL PROPERTY
13.1 We or our third-party licensors (where applicable) own the intellectual-property rights in and to the thrive app (including any updates to it).
13.2 We give you the right to use the thrive app subject to these terms and any other terms or conditions that may apply to you. We can take away your right to use the thrive app at any time.
13.3 You are not allowed to transfer your right to use the thrive app to any other person. We may allow other persons to use the thrive app at the same time as you. The thrive app is licensed under these terms to you only.
13.4 You must not in any manner exploit the thrive app or any intellectual property in it for commercial gain of any kind.
13.5 You must not copy, adapt, modify, alter, de-compile, reverse-engineer, attempt to derive the source code of, create derivative works of or otherwise attempt to reproduce:
13.5.1 the thrive app, the intellectual property in it, its content or its design or any updates to it or any proprietary features in or to it; or
13.5.2 You must not copy, adapt, modify or alter the content belonging to third parties that is found on the thrive app (third-party content), the intellectual property in any third-party content, the content or design of or any updates to the third-party content or any proprietary features in or to any third-party content.
13.6 You must not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, or any other reference to the thrive app.
13.7 Neither Thrive nor Standard Bank is responsible for any loss you may suffer, and you waive (give up) any claim you may have against us and/or Standard Bank relating to your unauthorised use of the thrive app or any intellectualproperty rights in it.
14. USING AND SHARING YOUR PERSONAL INFORMATION
You give consent for:
14.1 us to collect your personal information and process it in line with our privacy statement on our website at https://www.thrive.trade/privacy;and
14.2 Standard Bank to collect your personal information and process it in line with its privacy statement on its website at https://www.standardbank.co.za/southafrica/personal/about-us/legal/privacystatement.
15. YOUR RESPONSIBILITY FOR OUR AND/OR STANDARD BANK’S LOSS
You will cover (pay for) any loss that we may suffer on your behalf resulting from your having breached any of these Terms.
16. SANCTIONS
16.1 You must not:
16.1.1 use the thrive app to assist or benefit any sanctioned entity; or
16.1.2 be involved in any prohibited activity.
16.2 You warrant (promise) that you are not:
16.2.1 a sanctioned entity; or
16.2.2 being investigated for any activities that are the subject of sanctions.
16.3 If you are being investigated for any activities that are the subject of sanctions, you must let us know about this immediately and in writing.
16.4 If Thrive or Standard Bank knows or suspects that you are in breach of clause 17 or that you are about to become subject to sanctions, we or Standard Bank can immediately, at our respective discretion:
16.4.1 cancel or suspend your access to the thrive app; and/or
16.4.2 cancel the terms.
16.5 Neither Thrive nor Standard Bank can be held liable (responsible) for any loss you suffer if either Thrive or Standard Bank cancels the terms or your access in terms of clause16.4
17. DISCLAIMER AND LIMITATION OF LIABILITY (LIMITS OF OUR AND STANDARD BANK’S RESPONSIBILITY TO YOU)
17.1 Your use of the thrive app depends on factors beyond our and Standard Bank control, such as the network coverage or availability of your mobile network operator. Neither Thrive nor Standard Bank is responsible nor can either be blamed for any loss you may suffer if you cannot access the thrive app because of this.
17.2 Information on the thrive app is provided "as is" and neither we nor Standard Bank will be responsible for any loss that you may suffer if you rely on it.
17.3 Neither Thrive nor Standard Bank is responsible for any indirect or resulting loss related to your use of the thrive app, for any reason, even if either Thrive or Standard Bank was told that the loss was possible.
17.4 Neither Thrive nor Standard Bank is responsible for any loss caused by the following:
17.4.1 Any technical or other problems (interruptions, malfunctions, downtime or other failures) that affect the thrive app, our ledger or other systems, Standard Bank’s banking systems, a third-party system or any part of any database, for any reason.
17.4.2 Loss of or damage to any personal or other information because of technical problems, power failures, unlawful acts (such as data theft), a harmful computer program or virus, or your own negligence.
18. CHANGES TO THE TERMS
18.1 We may change the terms and we will let you know about such changes through the thrive app or by any other suitable communication method.
18.2 The latest version of the terms applies to you each time you use the thrive app. By continuing to use the thrive app, you agree to these updated terms.
19. CANCELLING THESE TERMS
19.1 You can stop using the thrive app at any time.
19.2 We or Standard Bank may end the our respective relationship with you under the terms and stop you from using the thrive app or wallet on written notice. Neither we nor Standard Bank needs to give you a reason for this. However, we or Standard Bank may close your profile immediately and without notice:
19.2.1 should we or Standard Bank believe or suspect that you are using the thrive app or wallet wrongfully or unlawfully (illegally);
19.2.2 if you have breached these terms; or
19.2.3 if we or Standard Bank must do this for legal reasons.
19.3 If we end our relationship with you under the terms then Standard Bank’s relationship with you under the terms will automatically end as well.
19.4 If Standard Bank ends its relationship with you under the terms then our relationship with you under the terms will automatically end as well.
19.5 If our or Standard Bank’s relationship with you under the terms ends, this means that you can no longer access or use the thrive app, the wallet or the intellectual property in it.
19.6 If you still have money in your wallet when our relationship with you ends, you must contact us for a refund. If that happens, you will need to provide us with the account holder name, bank and account number of your bank account where you would wish to receive the refund. We may at the time also ask you for other information and supporting documents, such as a copy of your identity document or passport or proof that the bank account belongs to you.
20. WHERE LEGAL DOCUMENTS AND NOTICES WILL BE SENT
20.1 We choose the following address for the service or delivery of any legal documents (our domicilium citandi et executandi):
5 Simmonds Street
Johannesburg
2001
and
The Business Exchange
4th Floor
96 Rivonia Street,
Sandton
2196
Attention: Thrive Directors
20.2 Standard Bank chooses the following address for the service or delivery of any legal documents (Standard Bank’s domicilium citandi et executandi):
5 Simmonds Street
Johannesburg
2001
Attention: Legal, South Africa
20.3 You choose the address that you gave us when you registered on the thrive app as the address where any legal documents or notices may be served on or delivered to you (your domicilium citandi et executandi).
20.4 We and Standard Bank may send any other written communication or notice to your street, postal or email address.
20.5 Any legal document or notice to be served in legal proceedings must be written on paper. The provisions of the Electronic Communications and Transactions Act 25 of 2002 that might otherwise be relevant (for example, sections 11 and 12) do not apply to these documents or notices.
21. LAW GOVERNING OUR RELATIONSHIP
South African law will govern these Terms.
22. GENERAL PROVISIONS
22.1 Headings in these Terms are only for information and must not be used to interpret the Terms.
22.2 South African time applies when any dates or times are worked out.
22.3 No extension of time or other allowance we or Standard Bank may give you will affect any of our or Standard Bank’s rights, whether the extension or allowance is expressly stated or implied. Neither Thrive nor Standard Bank waives (gives up) any of their respective rights.
22.4 If any of the clauses in these Terms are invalid or illegal or cannot be enforced, the other clauses will still be valid.
23. QUESTIONS AND COMPLAINTS RESOLUTION
23.1 If you have any questions or concerns about these terms or the thrive app, you can contact our Support Centre by telephone on 011 636 3640 (at normal charges) or by email at support@thrive.trade.
23.2 If you have any complaints and these are not resolved, you can contact our Complaints Resolution Centre by telephone on 0860 101 101 or by email at complaint.resolutioncentre@standardbank.co.za.
23.3 If you have any complaints and these are not resolved, you can contact our Complaints Resolution Centre by email at complaints@thrive.trade.
23.4 If you still have a problem or if you are not happy with the way it was resolved, you can contact:
23.4.1 first, Standard Bank’s Complaints Resolution Centre by telephone on 0860 101 101 or by email at complaint.resolutioncentre@standardbank.co.za;
and then:
23.4.2 the Ombudsman for Banking Services through the website at www.obssa.co.za, by telephone at 0860 800 900 or by email at info@obssa.co.za;
23.4.3 the Ombudsman for the Financial Advisory and Intermediary Services Act through the website at www.faisombud.co.za, by telephone at (012) 762 5000, by fax at (012) 348 3447 or by email at info@faisombud.co.za; and/or
23.4.4 the Financial Sector Conduct Authority through the website at www.fsca.co.za, by telephone at (012) 428 8000, by fax at (012) 346 6941 or by email at info@fsca.co.za.