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2007  FAIS Complaince Guide
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Information Downloads
Compliance Report (Govt Gazette)
Schedule A Compliance Report (191Kb)
Schedule B Compliance Report (126Kb)

Terms and Conditions of Membership of CMS

1. The use of the cmsys.co.za web site and the services and products of Compliance Monitoring Systems (Pty) Ltd (hereinafter referred to as CMS) is subject to the terms and conditions set out below. By using this web site, you are deemed to have agreed to the following terms and conditions set out in this Terms of Use Agreement. By accessing or using our Web sites, or by registering on any of our pages and applying for any products or services offered on these pages, you are deemed to have agreed to all of the following terms and conditions. You are advised to carefully and regularly review these terms and conditions as the terms and conditions as well as the information products and services on our Web site may change at any time and without notice. The following terms and conditions apply to all of our Web sites, which will include any Web sites owned, operated or sponsored by any of our businesses, holding company, subsidiaries or affiliates ("the Web site"), but we may add to or supersede certain provisions of these terms and conditions with other provisions located in other parts of our Web sites.

2. CMS provides, through this web site, certain information, including but not limited to

  • FAIS Compliance Monitoring Systems
  • Associated Legislation,
  • Such other information relating to FAIS Compliance products and services (collectively, the "CMS Information").

3. Your use of the CMS Information is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of all CMS Information. Visitors to this web site should seek professional assistance and may not rely solely on the CMS Information. CMS makes no representations or warranties about the suitability for you of the products that appear either on this site or about the soundness of the advice offered on the site. All information, including products and services or any terms or conditions pertaining to them, is subject to change at any time. All products and services provided via this site are subject to confirmation at the time of the finalising of any transactions. CMS will not be held responsible for any defects in, malfunctions of, or inaccuracies in the performance of any calculators used in the calculations. Some of our information is derived from external sources. We will not be responsible for the incorrect information received from these external sources.

4. All CMS Information is provided "AS IS" and on an "as available" basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. The website contains statements and statistics that have been obtained from sources believed to be reliable, (including, but not limited to, information originated by CMS, licensed by CMS from information providers, or gathered by CMS from publicly available sources), but are not guaranteed as to accuracy, completeness, timeliness, or correct sequencing.

5. CMS does not guarantee:

  • uninterrupted or error free information, or
  • the security of this web site or that of the stored visitor data, or
  • that any information, software, or other material accessible from or related to the CMS Information is free of viruses, worms, or other harmful components.

6. CMS makes no representations or warranties regarding the suitability of the products that appear on this site, nor the soundness of the information offered on the site. The information contained on the Web site provides general information on particular subjects and is not an exhaustive treatment of such subjects. Accordingly, the information is not intended to constitute accounting, legal, consulting or other professional advice or services. Before making any decision or taking any action, which might affect you personally, or your business, you should consult a qualified professional advisor.

7. CMS shall not be liable under any circumstances for lost profits, lost business, loss of business reputation, or any direct, indirect, incidental, special, punitive or consequential damages, whether foreseeable or not, that result in any way from your use, non-use or reliance upon the CMS Information, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the CMS Information, delays in operation, transmission or failure of performance. If you are dissatisfied with any CMS Information, your sole and exclusive remedy is to discontinue using the CMS Information. Neither CMS nor the information providers shall have any liability, contingent or otherwise for the accuracy, completeness, timeliness, or correct sequencing of the information or for any decision made or action taken by you in reliance upon the CMS Information or for interruption of any data, information, or other aspect of CMS. Neither CMS nor its information providers make any representations about the suitability of the CMS Information, software, products, or services contained in, nor endorse the views, opinions and recommendations included in the web site to which you may link from www.cmsys.co.za. We are committed to providing you with the best possible service. However, CMS will not be responsible for:

  • interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the control of CMS ; 
  • inaccurate or inadequate advice obtained from the site;
  • inaccurate information supplied by you.

CMS will not be responsible for any direct or indirect loss or damages that arise from:

  • any of the events described in this paragraph and the paragraph above;
  • for links with other sites over which we cannot control the content of or the products offered on those sites;
  • any denial of access to the site should we believe that you are conducting activities that are illegal, abusive, attack the integrity of the site or put CMS in disrepute;
  • any reliance on the information obtained from this site.

8. The CMS Information is provided to you solely for your own purposes. You 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, or circulate the CMS Information without the express written consent of CMS .

9. CMS, its licensors, or information providers are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, in the CMS Information. You may not otherwise copy, modify, adapt, reproduce, translate, reverse engineer, de-compile, disassemble, sublicense or assign any aspect of the CMS Information accessed via this service. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any CMS trade name or mark or service name or mark that is similar or confusingly similar to the CMS trademarks. The trademarks and logos used and displayed on this Web site are our registered and unregistered trademarks. CMS is the copyright owner of all text and graphics contained on this Web site. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this Web site, without the prior written permission of CMS.

10. This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the Republic of South Africa. You hereby agree that the courts located in South Africa shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with the use of the CMS web site (www.cmsys.co.za) and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. Regardless of where you access CMS Information, you agree to comply with all applicable laws of the Republic of South Africa, including those regarding the export of data. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the CMS Information.

11. CMS may deny you access to all or part of this service without notice if you engage in any conduct or activities that CMS believes in it sole and absolute discretion violates applicable law or any terms of this web site. You warrant your identity (i.e. you are who you say you are) and that you can prove your identity should we require you to do so. CMS reserves the right to refuse to provide services if:

  • you breach this agreement; 
  • we are unable to verify or authenticate any information you provide to us; or 
  • we believe that you are conducting activities that are illegal, abusive, attack the integrity of the site or put CMS in disrepute.

12. You guarantee that all information you provide at any time to CMS via this web site, in writing, or to the staff servicing our call centre, will be true and correct.

13. You guarantee that you have fully disclosed all material facts. Any breach of your contractual duties may lead to the contract or any transactions arising from the contract being rendered void. We will need certain personal and financial information from you. It is in your best interest to keep the information up-to-date and accurate. If any of the products or services requires you to register or open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and/or user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under the registration account.

14. You agree to notify CMS immediately of any unauthorised use of your account or any other breach of security. CMS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CMS or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the written permission of the account holder.

15. You agree to indemnify, defend, and hold harmless CMS , its subsidiaries, affiliates, and their respective officers, directors, shareholders, members, agents, representatives, employees, successors and assigns for, from and against any and all liabilities, costs and expenses (including reasonable attorneys' fees), related to any violation of the terms and conditions by you or authorised users of your account. CMS will not be held liable where you divulge your password or logon name to a third party. Any use of the logon and password by any person shall be deemed to be use by you. CMS will never ask you your password in an unsolicited phone call or e-mail. Remember to log off and close your browser window when you have finished your work. CMS takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security of any information you transmit to us online and you do so at your own risk.

16. If any portion of the terms and conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Nothing on this Web site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without our written permission. The name of CMS or its logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without CMS's prior written permission.

17. CMS failure to insist upon or enforce strict performance of any provision of the terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the terms and conditions.

18. CMS reserves the right in its sole discretion to change, modify, add or remove these terms and conditions in whole or in part and at any time.

19. CMS collects information about you to monitor and improve the site; we also gather certain information about you when you use it, including details of your operating system, browser version, domain name and IP address (the IP address is a string of numbers that tells us which server you are using but does not identify you). CMS is committed to keeping your information confidential. We will use it to personalise your experience, and to directly communicate with you.

20. CMS does not sell, rent, or trade your personal information with anyone. As a result of our relationship with CMS intermediaries, we will be sharing with them information about you. CMS will disclose information when required to do so (1) by any regulatory authority (2) to comply with any regulation passed under the relevant legislation, or any legal process (3) to protect and defend CMS's rights and property (including CMS's intellectual property). Sometimes we may need to share aggregate information (for example, demographic data) with our stakeholders and business partners but we do not disclose to them information about our individual users. Parties other than CMS also collect information. Some advertisers or web sites that have links on our site may collect personal information about you when you access or use their links. CMS does not control the collection or use of such information. This privacy policy does not apply to these advertisers and their web sites. CMS may use cookies. "Cookies" are small bits of data that are sent to your browser and stored on your computer's hard drive. CMS uses cookies to track and record your activities on our web site. Some advertisers or web sites that have links on our site may also use cookies. CMS has no access to that information nor can we control the use and the collection of that information. The fact that we provide a link to a third party Web site, does not necessarily mean that we endorse, authorise or sponsor that Web site, nor that we are affiliated with the third party Web site's owners or sponsors. We reserve the right to terminate a link to a third party Web site at any time.

21. You accept the risk of choosing electronic communication as the channel to be utilised by the parties. You authorise CMS to act on the information that you send electronically. You further agree that, all records, will be stored electronically by CMS, and such electronic record will constitute conclusive proof of the contents of such record, unless you prove otherwise. Any email sent to you will be deemed received by you upon dispatch by CMS.

22. Unless otherwise specified by permission or design, all information, products and services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from such information, products and services. You may not use the Web site in any manner that could damage, disable, overburden, or impair any CMS server, or the network(s) connected to any CMS server, or interfere with any other party's use of the Web site. You may not attempt to gain unauthorised access to any products, services, other accounts, computer systems or networks connected to any CMS server or to any of the products or services through hacking, password mining or any other means. You are expressly prohibited from posting on or transmitting to or from this Web site any unlawful, threatening, libellous, 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.

23. As a member/user of this website application you agree to secure a mandate from each of your client's in order to access information concerning that client's information. CMS may from time to time request, on a random basis, that you provide such proof of mandate through the faxing of the relevant mandate to CMS upon request. CMS reserves the right to blacklist any user who fails to provide such proof within 48 hours of CMS making such a request by e-mail or facsimile. You also undertake that you will not attempt to access information on client's for whom you do not have a mandate. Please note that CMS tracks the unique identity of all member/users, member clients, and general users. CMS also logs all sessions by all member/users.

24. For the purposes of payment of CMS services, all payments will be made by debit order on the customer/user designated bank account, unless otherwise required by CMS. The original CMS debit order must be signed and faxed to CMS. The user accepts that CMS has the authority to act on the facsimile debit order. CMS will process all debit orders on the first day of each month, being the advance payment for the current month. The term of this agreement for those clients using this ASP solution is 30 days. Provided payment is received, the agreement will continue until the end of the month that has been paid for.

25. Whilst every effort is made to update the information regularly and to offer the most current, correct and clearly expressed information possible, CMS cannot be held responsible for any inaccuracy, errors, omissions or misinterpretations.

26. No part of the Compliance Monitoring Systems (Pty) Ltd Web pages may be permanently copied or reproduced on any other Web site or otherwise re-distributed. All rights are reserved.