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

The Terms and Conditions that guide the oobaCash program are available as reference on the website designated to the oobaCash program.

1. Introduction

ooba (Pty) Ltd’s (“ooba”) agent incentive reward programme (“oobaCash Program”) is available to estate agents (“Participants) that support ooba Home Loans. The oobaCash program requires participants to complete the membership registration steps.  Participants are rewarded for bond leads provided by the participant to ooba that result in home buyers’ home loan applications being finally granted at an ooba partner bank, and accepted by the home buyer.  All rewards are awarded and regulated in accordance with the present Terms and Conditions.

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

Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

2. Commencement and duration

The oobaCash Program commenced is in operation and will continue indefinitely until terminated by ooba. ooba expressly reserves the right to amend and/or terminate the oobaCash Program at any time, and without notice.

ooba encourage Participants to review the Program terms every time they use the program.

3. Rewards and Program Years

The oobaCash Program runs in program years (“Program Years”) from 1 January to 31 December.

oobaCash Program rewards are allocated to a Participant’s elected bank account (as per details supplied on registration), as captured on the “my bank details” page. Should a Participant not have activated his/her oobaCash profile, the Participant will not be entitled to earn rewards or participate in the oobaCash Program.  Should a Participant activate his or her profile online, before the end of November in a Programme Year, the Participant will be credited for Programme rewards earned in that Programme Year (to date).

4. EFT payments

Payments will be made to Participants weekly.

Participants, who fail to register, cannot receive payment because the banking details for EFT payment will not be loaded.

The oobaCash EFT solution is internationally praised as a best practice, giving the Participant freedom to choose how and where to spend their rewards money.

5. Rewards Tiers

The reward tiers applicable to the oobaCash Program are (per bond):

Tiers	Qualifying number of bonds<	Reward
Marble	First bond	R100
Bronze	2	R200
Silver	3 - 4	R250
Gold	5 - 9	R300
Platinum	10 - 14	R350
Diamond	15 >	R400

 

The new rewards program will pay Participants from the first granted and accepted bond received.  The rewards are subject to the Estate Agent Partnership rules below.

Participants can top up rewards, by prequalifying the home buyer with the ooba Home Loans QBC tool. With every granted and accepted bond, where the Participant introduced the QBC to an ooba consultant, within a 6 month period (starting 1 August 2022) of the bond being granted and accepted, the Participant will get an additional top up R100.

The oobaCash Program tiers reset on 1 January of each Program Year.  The reset will not affect any cash due to a Participant.

Participants should allow for 7-10 working days from acceptance of their first and subsequent granted and accepted bonds for oobaCash rewards to be paid into their elected bank account, as registered on their profile.  It is the Participant’s responsibility to confirm that his / her rewards have been paid. Rewards not paid within 6 months’ of the acceptance of the bond will be forfeited, if not drawn to the attention of ooba within that period, unless otherwise determined by ooba in its sole discretion.

6. Online Profile

Your oobaCash online profile is like any online banking app, where personal details are loaded and stored. Participants should take all reasonable steps to protect their oobaCash profile. Should the Participant suspect a breach in their online profile, it is the responsibility of the Participants to raise this with the call centre immediately.  Remember the bank account loaded on your profile is the bank account to which ooba will make payment in settlement of rewards under the Program.

For all support, the contact number is 0861 879 969.

7. 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.

8. 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 is entirely at the Participant’s own risk.

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

9. 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.

10. Acceptance

By using or enrolling in the Program, you accept and agree to be bound by these Terms and conditions.

11. Change in Information

Participants are responsible to advise ooba immediately of any change to their email address or other contact information.

The Company will not be responsible for any communication not received by a Participant, provided that ooba sent such communication to the address or other contact information then on file from such Participant.

12. Personal Information, Passwords and Security

In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”).

You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately.

You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential.

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Participants, including, but not limited to: name,  email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).

You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

13. Inactive Accounts

A Participant Account is deemed to be inactive if cash is not earned in connection with such Account for 12-months.

Once an Account is deemed to be inactive, all cash in such Account may, in ooba’s sole discretion, be deemed to have been forfeited by such Participant, with or without notice.  The Participant will not thereafter accrue any further rewards thereafter, unless their account is reactivated.