Terms and Conditions

1. THE WEBSITE

1.1. This website together with all its webpages (the “CrissCross Website”) is owned and operated by CrissCross Tech Pty Ltd, a company incorporated and registered in South Africa (registration number 2022/812239/07) with its registered office at The Pavilion Building, Cnr Portswood and Dock Road, Victoria and Alfred, Western Cape, 8001, South Africa (“CrissCross SA”, “us”, “we”, “our”) together with all companies that are directly or indirectly (whether through one or more intermediaries or otherwise) control, or are controlled by, or are under common control with CrissCross SA (“CrissCross Affiliates”). CrissCross together with the CrissCross Affiliates shall hereafter be referred to as the “CrissCross Group”.

1.2. CrissCross SA is an authorised Financial Services Provider (FSP) registered with the Financial Conduct Authority under FSP License number: 53825.

1.3. By accessing or browsing the CrissCross Website whether as a visitor or a registered user for any reason whatsoever (“Use”), the visitor or user of the CrissCross Website (hereinafter referred to as “you” or “your”) agrees to be bound by and comply with the terms and conditions set out herein (the “Terms and Conditions”).

1.4. If you do not agree with these Terms and Conditions, you must immediately desist from further Use of the CrissCross Website. Your continued Use of the CrissCross Website, notwithstanding the provisions of this clause, constitutes substantive agreement with the terms and conditions set out in these Terms and Conditions, as may be amended from time to time.

1.5. These Terms and Conditions shall commence from the date on which they are published on the CrissCross Website and shall continue indefinitely until they are amended or deleted by CrissCross SA.

1.6. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask a representative of CrissCross SA to explain it to you before you Use the CrissCross Website.

2. NOTICE

2.1. These Terms and Conditions contain provisions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:

• 2.1.1. may limit the risk or liability of CrissCross SA or a third party; and/or

• 2.1.2. may create risk or liability for you; and/or

• 2.1.3. may compel you to indemnify CrissCross SA or a third party; and/or

• 2.1.4. serve as an acknowledgement, by you, of a fact.

2.2. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.3. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or CrissCross SA in terms of the CPA.

2.4. CrissCross SA permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this CrissCross Website or any part thereof if you do not agree to the Terms and Conditions.

3. CHANGES TO THESE TERMS AND CONDITIONS

3.1. CrissCross SA reserves the right to amend these Terms and Conditions at any time and without prior notice to you.

3.2. It is your responsibility to ensure that you remain informed of any changes to the Terms and Conditions by visiting the CrissCross Website from time to time.

3.3. Any and all changes to the Terms and Conditions shall automatically be binding on you when you Use the CrissCross Website.

4. CHANGES TO THE CRISSCROSS WEBSITE

CrissCross SA reserves the right and without prior notice to you, to:

• 4.1. change or to discontinue any aspect, content or feature of the CrissCross Website at any time including, but not limited to content, availability and access requirements; and

• 4.2. amend or terminate these Terms and Conditions and/or shut down the CrissCross Website at any time.

5. USE OF THE CRISSCROSS WEBSITE

5.1. You may use the CrissCross Website only for lawful purposes. You warrant that you shall not Use the CrissCross Website:

• 5.1.1. to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;

• 5.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• 5.1.3. For the purpose of harming or attempting to harm any person in any way;

• 5.1.4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), junk mail, chain letters or unsolicited mass distribution of SMS; or

• 5.1.5. To knowingly transmit any data, send or upload any material that contains viruses, vulnerabilities, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2. You may not in any way display, publish, copy, print, post or otherwise use the CrissCross Website and/or the information contained therein without the express prior written consent of an authorised CrissCross SA representative.

5.3. You remain personally liable for the consequences of any contravention of these provisions and/or failure to comply with law and hereby indemnify and hold CrissCross SA harmless against any losses and/or damages, whether direct and/or indirect, which you, CrissCross SA or a third-party may suffer as a result of a contravention of these provisions.

5.4. Should you become aware of any unacceptable use of the CrissCross Website, please contact us at info@crisscross.money.

6. ACCOUNT AND PASSWORD CREDENTIALS

6.1. Where a user identification code, password or other piece of information (“Credentials”) is required in order to Use the CrissCross Website, you will be required to create such Credentials.

6.2. It is your responsibility to keep your Credentials private to prevent unauthorised use of your Credentials. If you share your Credentials with any other party, you do so at your own risk.

6.3. The CrissCross Group shall not be held liable for any loss that you may suffer as a result of unauthorised use of your Credentials.

6.4. If you know or suspect that anyone other than you knows your Credentials, you must promptly notify us as soon as reasonably possible at info@crisscross.money.

7. DISCLAIMER

7.1. Whilst every effort has been made by CrissCross SA and its suppliers of information, to ensure the proper performance of the CrissCross Website, the accuracy of the information/images and the reliability of the binary data on the CrissCross Website, CrissCross SA, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content and/or information offered on the CrissCross Website.

7.2. CrissCross SA makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the CrissCross Website and you thus use the CrissCross Website at your own risk. In particular, CrissCross SA makes no warranty that the CrissCross Website will meet your requirements, be uninterrupted, complete, timely, secure or error free.

7.3. CrissCross SA disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the CrissCross Website and/or any content therein unless otherwise provided by law.

7.4. The CrissCross Website and all information provided on the CrissCross Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

7.5. Any views or statements made or expressed on the CrissCross Website are not necessarily the views of CrissCross SA, its directors, employees and/or agents.

7.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, CrissCross SA also makes no warranty or representation, whether express or implied, that the information or files available on the CrissCross Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of CrissCross SA, its employees, agents or authorised representatives. CrissCross SA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the CrissCross Website.

8. THIRD PARTY CONTENT AND WEBSITES

8.1. Third party information such as but not limited to, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third-Party Content”). The provision of Third-Party Content is for general informational purposes only.

8.2. You hereby acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the Website. All Third-Party Content is provided on an “as is” basis. CrissCross SA does not own / have the rights and title to any such Third-Party Content, CrissCross SA does not provide any guarantee or make any representations with regards to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third-Party Content. CrissCross SA shall not be held liable for any loss suffered by you in any way whatsoever based on your reliance on or use of such Third-Party Content.

8.3. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and CrissCross SA is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

8.4. In the event any Third-Party Content contains links to Third Party Websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. CrissCross SA makes no warranty or representation regarding, and does not endorse, any website linked to the Website or the information appearing thereon or any of the products or services described thereon.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The CrissCross Group is the owner and/or the licensee of all intellectual property rights in the CrissCross Website. All such rights are reserved.

9.2. You may print or download extracts of any page(s) from the CrissCross Website for your use and you may draw the attention of others within your organisation to content posted on the CrissCross Website.

9.3. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. CrissCross’ status and that of any identified contributors as the authors of content on the CrissCross Website must always be acknowledged.

9.4. You must not exploit or use any part of the content on the CrissCross Website for commercial purposes without obtaining a licence to do so from us or our licensors.

9.5. If you print, copy or download any part of the CrissCross Website in breach of these Terms and Conditions, your right to use the CrissCross Website will cease immediately and you must, at our option, return or destroy any copies of the materials you may have.

10. ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to CrissCross SA, you consent to receiving communications from CrissCross SA electronically and agree that all agreements, notices, disclosures and other communications sent by CrissCross SA satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

11. COOKIES

11.1. A cookie is a small amount of data sent to your computer or mobile phone from a website. This means the website can recognise your device if you return to the same website. A cookie often includes a unique identifier, which is a randomly generated number. This is stored on your device’s hard drive. Many cookies are automatically deleted after you finish using a website. Cookies are not programs and do not collect information from your computer.

11.2. We use cookies on the CrissCross Website to help analyse visitor numbers and find out which of our pages are most popular using Google Analytics. It is very important for us to be able to see what parts of the CrissCross Websites are accessed most so that we can ensure that we bring you the most up-to-date and relevant information.

11.3. Cookies are sent to your browser by a website and then stored in the cookies directory on your computer. To check and update your cookies settings, you will need to know what browser you are using and what version of it you have. You can usually find this out by opening the browser (just as you do to use the internet), then clicking on ‘Help’ and then ‘About’. This will give you information about the browser version you are using. To find out how to allow, block, delete and manage cookies, visit www.aboutcookies.org and select the browser you are using. You can also read your browser’s built-in or online help for more information. See your manual handset to find out how to manage cookies on your mobile phone.

11.4. If you decline cookies then the CrissCross Website usage won’t be counted so we won’t be able to take your actions into account when analysing data and looking at ways to improve the CrissCross Website.

12. INDEMNITY

To the fullest extent permissible in law, you hereby unconditionally, irrevocably and unreservedly indemnify and hold CrissCross SA, its public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, as a result of and without limitation, the following:

• 12.1. Use of the CrissCross Website;

• 12.2. downloading data, text, images from the CrissCross Website;

• 12.3. reliance on the CrissCross Website content;

• 12.4. links to other CrissCross Affiliates or Third-Party Websites;

• 12.5. hardware, software, system or network malfunction;

• 12.6. any purchases of CrissCross SA service offerings made on the Website;

• 12.7. any breach of the terms of these Terms and Conditions by you; or

• 12.8. any other cause whatsoever arising from or relating to visiting or using the CrissCross Website.

13. LIMITATION OF LIABILITY

13.1. CrissCross SA cannot be held liable for any inaccurate information published on the CrissCross Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of CrissCross SA, its employees, agents or authorised representatives.

13.2. CrissCross SA will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the CrissCross Website or to your downloading of any content on it, or on any CrissCross Website linked to it.

13.3. CrissCross SA shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the CrissCross Website or the content contained in the CrissCross Website; or your inability to use the CrissCross Website, and/or unlawful activity on the CrissCross Website and/or any linked Third-Party Website.

14. COMPLAINTS AND NOTICES

14.1. You agree to submit all complaints relating to these Terms and Conditions to CrissCross SA first in order to afford us an opportunity to resolve the complaint within a reasonable period before you proceed to refer any formal complaints to any relevant authority.

14.2. CrissCross SA chooses as its address at which it will receive all correspondence or legal notices for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: In this regard, please direct all complaints to:

Physical and postal address: The Pavilion Building, Cnr Portswood and Dock Road, Victoria and Alfred, Western Cape, 8001, South Africa

e-mail: info@crisscross.money

15. BREACH

CrissCross SA will determine, at its sole discretion, whether there has been a breach of these Terms and Conditions through your Use of the CrissCross Website. When a breach has occurred, CrissCross may take such action as CrissCross deems appropriate including but not limited to:

• 15.1. Immediate, temporary or permanent withdrawal of your right to use the CrissCross Website;

• 15.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to the CrissCross Website;

• 15.3. Issue of a warning to you;

• 15.4. Legal proceedings against you for reimbursement of all losses, damages and costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of these Terms and Conditions;

• 15.5. Disclosure of such information to law enforcement authorities as CrissCross SA deems necessary.

16. GOVERNING LAW AND JURISDICTION

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you submit to the jurisdiction of the South African courts.

17. GENERAL

17.1. These Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms and Conditions unless such invalidity, unenforceability or illegality goes to the root of these Terms and Conditions.

17.2. CrissCross SA’s failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

17.3. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

17.4. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

17.5. These Terms and Conditions contain the whole agreement between you and CrissCross SA and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.

18. RELATED POLICIES

These Terms and Conditions refer to the following additional terms, which also apply to your use of the CrissCross Website:

• 18.1. Our Privacy Policy

• 18.2. Our Cookies Policy

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