Terms & Conditions

1. Introduction

When you ('the User') visit or use this website, the User will be deemed to have accepted and agreed to be bound by the terms and conditions set out below ('terms and conditions').  

ooba may, at any time and without notice, amend the terms and conditions. 

Any reference in the terms and conditions to ooba means ooba (pty) Ltd as well as any subsidiary of ooba (pty) ltd, to the extent any such subsidiary acts in any capacity contemplated by these terms and conditions.

2. Financial Products

ooba acts solely as a facilitator and/or broker in relation to the provision of the financial products referred to on this website. 

The provision of the financial products referred to on this website is subject to the registration procedures and approvals criteria stipulated by the relevant third party product provider(s).

ooba has no authority to bind any third party product provider, nor does it purport to do so.

All information regarding the financial products referred to on this website,  including information in respect of the terms and conditions applicable to such financial products and services, interest rates or any other matter is intended as a  guideline only and is subject to change without notice.

The terms and conditions which will apply to any financial product purchased by you from any third party product provider will be the terms and conditions set out in the written document relating to such financial product finally issued by the third party product provider at the time of purchase.

If the User's application for any financial product is a joint application or  involves another party such as a surety, these terms and conditions will also apply to such other applicant or another party, and the User warrants that the User will inform such other applicant or another party of these terms and conditions.

3. Property Search Service

ooba, through the property search service provided on this website, provides (and facilitates access to) a variety of information, including information pertaining to properties listed by various estate agencies in South Africa, as well as home valuations and other reports, estimates and analyses.  This information is obtained primarily from external sources including Deeds Office data. ooba makes no warranties and/or guarantees that such information (or any other information contained on (or accessed via the website) is accurate, correct or current.

4. Disclaimer

ooba accepts no liability whatsoever for any loss, whether direct or indirect,  consequential or arising from information made available on (or by means of) the website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.  Accordingly, any use of the information made available by means of the website is entirely at the User's own risk and it is the User's sole responsibility to evaluate the currency, accuracy, completeness and usefulness of all such information prior to relying on the same.

ooba does not endorse the views, opinions and recommendations included in any website linked to this website.

All calculations done through the use of software or calculators supplied on these pages, including but not limited to bond repayment calculations, are guidelines only and are subject to final confirmation by the third party product provider, if and when, a transaction between the User and the third party product provider is concluded.

5. Information Transmission

Whilst ooba endeavours to protect the User's information from observation by any third party during transit, use of the website is entirely at the user's risk.  ooba gives no warranties and will not be liable for any damage or costs the User might incur as a result of unauthorised viewing of the User's information.

ooba does not guarantee uninterrupted or error-free information and/or the security of this website or that of any stored visitor data.

6. Information furnished by the User

When the User applies for any financial product referred to on this website, the information furnished by the User to ooba will be disclosed to the relevant third party product providers as part of the relevant application process(es). 

The User warrants that all information furnished by the User (whether in relation to the User or any other party) to ooba as part of this process will be truthful,  accurate, current and complete.

Information furnished by the User to ooba may also be used by ooba to provide the  User with information in regard to ooba's other products and services.

7. Intellectual Property

Copyright subsists in all material on this website. Unauthorised usage thereof shall constitute an offence and shall render the offender liable to prosecution. 

The User may not sub-license, resell, republish (including internet posting,  electronic mailing, faxing, archiving in a public database, redistributing via a  computer network, or in a printed form to third parties), reproduce, retransmit,  disseminate, sell, broadcast, commercially exploit, adapt or circulate any  information on (or accessed via) the website without the express written consent of  ooba (which consent may be refused at ooba's sole and absolute discretion).

Without limiting the generality of the aforesaid, the User may not reproduce or  distribute, or substantially copy any information or service from the website onto  the User's own server, or link to this website, without the prior written permission  of ooba (which consent may be refused at ooba's sole and absolute discretion).

ooba (including its information providers) are the sole and exclusive owners of all  right, title and interest in and to the intellectual property rights inherent to, or  contained in, the website (including but not limited to trademarks, copyrights,  patents, trade names and trade secrets), as well as all proprietary information and  services listed on (and/or accessed via) the website, including information and  services relating to property listings, home valuations, financial wizards and  underlying databases.

8. Abuse of website

The User may not use the website in any manner that could damage, disable,  overburden, or impair any ooba server, or the network(s) connected to any ooba  server, or interfere with any other party's use of the website.

The User may not attempt to gain unauthorised access to any products, services,  other accounts, computer systems or networks connected to any ooba server or to any  of the products or services through hacking, password mining or any other means.

The User are expressly prohibited from posting on or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous,  inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under any law.

The User may not use the website in any manner for the purposes of conducting any  business that is in competition with the business of ooba, including any bond  origination or insurance broking business, whether by spamming, forwarding the  User’s contact details and other business related information to any estate agent  that has listed any property on this website, or otherwise.

Without limiting the rights and remedies of ooba, ooba may deny the User access to all or part of this website without notice if the User engages in any conduct or activities that ooba believes in it sole and absolute discretion are contrary the import and intent of this restriction.

9. Legal

The laws of the Republic of South Africa will govern these terms and conditions.

The User hereby consents and submits to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from these stated terms and conditions.

Legal notices and other legal documentation addressed to ooba must be sent by  registered post or delivered by hand to the address nominated below, which we choose  as our domicilium citandi et executandi:

Notices delivered to ooba will be deemed to be received: by hand - at the time of delivery, registered post - 14 (fourteen) days from posting.

The User may not send any notice or legal document to ooba by fax or SMS or email.

These terms and conditions constitute the entire agreement between ooba and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by ooba from the User.  Save as provided in clause 1.2, no variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by ooba and the User or their duly authorised representatives.

Any failure by ooba to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.

oobaCash Terms & Conditions

1. Introduction

ooba (Pty) Ltd’s agent incentive reward programme (“oobaCash Program”) is available to estate agents that support ooba bond (“Participants”).  Participants are rewarded for bond leads provided by the participant to ooba that result in home buyers’ home loan applications being finally granted and accept at an ooba partner bank.

Participants in oobaCash program will be deemed to be bound by these terms and conditions (the “terms and conditions”).  ooba may, at any time and without notice, amend these terms and conditions by publishing them to ooba’s website.

2. Commencement and duration

The oobaCash Program commenced with effect from 1 October 2017 and is only applicable to home loans granted and accepted after that date.  The oobaCash Program will continue indefinitely until terminated by ooba.  ooba expressly reserves the right to terminate the oobaCash Program at any time, and without notice.  All accrued rewards prior to termination of the oobaCash Program will remain available to Participants.

Following termination of the oobaCash Program, Participants’ oobaCash Cards will continue to operate until such time as the oobaCash Card has a zero balance.  Post-termination of the oobaCash Program, the issuer of the card may charge the Participant a monthly card fee until the oobaCash rewards are redeemed and this post-termination monthly card fee will be offset against the remaining balance on your oobaCash Card.

3. Rewards and Program Years

oobaCash Program rewards are allocated to a Participant’s oobaCash card.  Should a Participant not have an activated his/her oobaCash Card, the Participant will not be entitled to earn rewards or participate in the oobaCash Program. 

The oobaCash Program runs in program years (“Program Years”).  The first Program Year runs from 1 October to 30 September each year.  Each subsequent Program Year will commence on 1 October, unless otherwise communicated by ooba in writing prior to the commencement of the Program Year concerned.

The reward tiers applicable to the oobaCash Program in the first Program Year (1 October to 30 September 2018) are the following:

Please note that no reward is earned or loaded in respect of the first granted and accepted bond in a Program Year.

On activation of the Participant’s oobaCash Card, ooba will pay such rewards as the Participant has earned into the Participant’s oobaCash Card.  Under no circumstances will ooba credit any rewards to a Participant for any bonds that were granted and accepted more than 6 months’ prior to the activation date of the oobaCash Card.

Participants should allow for 7-10 working days from acceptance of their 2nd and subsequent granted and accepted bonds for oobaCash rewards to be loaded onto their activated oobaCash card.  It is the Participant’s responsibility to confirm that his / her rewards have been loaded.  Rewards not loaded within 6 months’ of the acceptance of the bond will be forfeited, unless otherwise determined by ooba in its sole discretion.

The oobaCash Card is a MasterCard© and is accepted at over 250,000 outlets nationally.  Your oobaCash Card can only be used at MasterCard paypoints, or to shop online at www.express.awardscard.co.za.  Cash cannot be drawn from the oobaCash Card.

Your oobaCash Card is like a debit card.  Participants should take all reasonable steps to protect their oobaCash Card.  If your oobaCash Card is stolen, damaged or lost, it is the Participant’s duty to notify the card issuer immediately.  Participants can use the self-service cancel card option or telephone the Contact Centre on 0860 11 6666.

The use of your oobaCash Card is furthermore subject to all terms and conditions as may be imposed from time to time by the issuer of the oobaCash Card.  Those awardscard & Cardholder Terms and Conditions can be viewed at www.express.awardscard.co.za.

4. Estate Agent Partnerships

ooba has set rules of general application to all estate agency partnerships.  These rules deal with the complexities relevant to estate agency partnerships, for example, how rewards are split between partners, what happens when Participants exit a partnership or join a partnership or include a new partner into their partnership.  The general principle is that rewards are split equally based on the number of estate agents in the partnership.  ooba reserves the right to determine all disputes in regard to allocation of rewards to partnerships in its sole discretion.

5. Disclaimer

ooba accepts no liability whatsoever for any loss, whether direct or indirect, consequential or arising from a Participant’s participation in the oobaCash Program.  Accordingly, any participation in the oobaCash Program or use of your oobaCash Card is entirely at the Participant’s own risk. 

The oobaCash Card is solely a payment mechanism and ooba does not give any warranties in regard to any goods or services purchased with your oobaCash Card, whether from program partners or otherwise.

6. Legal

These terms and conditions constitute the entire agreement between ooba and the Participant and take precedence over any other terms and conditions, disclaimers and/or legal notices attached to any oobaCash Program communications.