Est. 2015 · Prosperity
Important legal notice.These Terms are drafted for use in South Africa. They are intended to operate together with Prosperity Enterprises' Privacy Policy and any separate quotation, engagement letter, service level agreement or mandate applicable to a professional service. Any consumer right arising under applicable South African law prevails to the extent of a conflict with these Terms.
1.1 In these Terms, “Prosperity Enterprises”, “we”, “us” and “our” refer collectively, where the context permits, to the following companies in the Prosperity Enterprises group. The company identified on your invoice, booking confirmation, quotation, engagement letter or service agreement is the contracting entity responsible for the relevant product or service.
1.2 The companies in the Prosperity Enterprises group are:
Prosperity Enterprises Investments (Pty) Ltd, registration number 2015/086110/07;
PE Trust Services (Pty) Ltd, registration number 2017/062874/07; and
Prosperity Enterprises Property Group (Pty) Ltd, registration number 2023/857667/07.
1.3 Our principal business address and address for legal notices is Block B, Infinity Business Park, corner Winnie Mandela Drive and Pieter Wenning Road, Fourways, Johannesburg, South Africa.
1.4 You may contact us at info@prosperityenterprises.co.za or by telephone on 010 285 0549. Privacy and data-protection enquiries may be sent to compliance@prosperityenterprises.co.za.
1.5 VAT is charged only by a group entity that is registered for VAT and only where VAT is lawfully chargeable. Where VAT applies to a consumer price displayed on the website, the displayed price will be VAT-inclusive unless clearly stated otherwise, VAT Number: 4720280975
2.1 These Terms apply when you use our website, make an online purchase from us, book or attend a consultation, seminar, investors evening or other event, or purchase a book, ticket or other item from us, except where a separate written agreement expressly applies to a professional service.
2.2 By using the website or placing an order or booking, you agree to these Terms. If you do not agree to them, please do not use the website or place an order or booking.
2.3 These Terms operate together with our Privacy Policy. If there is any conflict concerning the processing of personal information, the Privacy Policy applies to that issue.
2.4 Nothing in these Terms excludes, restricts or waives any right that cannot lawfully be excluded or restricted under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Protection of Personal Information Act 4 of 2013 (“POPIA”) or any other applicable law.
3.1 We provide educational content relating to property investment, ownership structures, trusts, companies and related wealth-planning topics through our website, books, seminars, webinars and other material. General educational content does not take account of your individual circumstances and should not be treated as personalised professional advice.
3.2 Where you separately engage a Prosperity Enterprises group company for a consultation, trust structuring, trust administration, accounting, property-related service or another professional service, the scope of that service is determined by the applicable quotation, engagement letter, service level agreement, mandate or other written agreement.
3.3 Unless expressly confirmed in writing and provided through an appropriately authorised provider, nothing in our general educational material constitutes advice or an intermediary service in respect of a “financial product” as contemplated in the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS”).
3.4 Information about tax, legal, accounting, finance or estate-planning concepts is provided within the scope of the service for which you engage us and is not a substitute for advice from an attorney, tax practitioner, financial adviser, accountant or other regulated professional where such specialist advice is required.
3.5 Property investment involves risk. Property values and rental income may rise or fall, interest rates and tax rules may change, tenants may default, and financing may not be available on the terms expected. Past performance, examples and case studies are not guarantees of future results.
3.6 You remain responsible for your ultimate investment, borrowing, ownership and implementation decisions. We do not promise that you will achieve any particular return, saving, financing result or wealth outcome.
4.1 You may use the website for lawful personal or business purposes connected with considering or obtaining our products and services.
4.2 You may not gain or attempt to gain unauthorised access to the website or our systems, interfere with their operation, introduce malicious code, conduct automated scraping that infringes our rights or security, or use the website to send unlawful or unsolicited communications.
4.3 We take reasonable steps to keep the website available and accurate, but we do not guarantee uninterrupted availability or that all information will always be current. We may suspend or change the website for maintenance, security, upgrades or operational reasons.
4.4 Our website may contain links to websites operated by third parties. We do not control those websites and are not responsible for their content, availability, privacy practices or terms.
4.5 If you create an account or receive login credentials, you are responsible for keeping them confidential and for notifying us promptly if you suspect unauthorised use.
5.1 We may offer consultations, seminars, investors evenings, workshops, webinars and similar events. Some may be free and others may require payment.
5.2 Where paid event tickets are sold through Quicket or another disclosed ticketing partner, that partner’s transaction and payment terms also apply to the purchase to the extent that they do not conflict with applicable law or these Terms.
5.3 A paid booking is confirmed once the required payment has been received and a booking or ticket confirmation has been issued, unless the booking terms expressly state otherwise.
5.4 A ticket admits the number of attendees stated on the applicable ticket or booking confirmation. Tickets are valid only for the specific event and event date for which they were purchased or issued and will expire upon conclusion of that event. Unused tickets may not automatically be carried forward, credited or transferred to a future Prosperity Enterprises event unless otherwise approved by Prosperity Enterprises in writing. Tickets may be transferred to another attendee. Any request to transfer a ticket must be submitted in writing to seminars@ProsperityEnterprise.co.za at least 72 hours prior to the scheduled start of the event and must include the original ticket holder’s details together with the full name, email address and contact number of the replacement attendee. All ticket transfers are subject to confirmation by Prosperity Enterprises. Transfer requests received less than 72 hours before the event may be accommodated at the sole discretion of Prosperity Enterprises.
5.5 We may refuse entry to or remove a person from an event where this is reasonably necessary for safety, security or the proper running of the event, including disruptive, threatening or unlawful conduct. Any refund will be determined with regard to the circumstances and applicable law.
5.6 Attendees may not record, reproduce or commercially exploit a presentation, training session or proprietary event content without our prior written permission. We may photograph or film events for operational, educational or marketing purposes where this is done lawfully under POPIA. Where appropriate, attendees will be informed of recording and given a reasonable way to raise an objection or request alternative seating. [ADD BROADCASTING LINK].
5.7 If we cancel an event, you will be entitled to a refund of the amount paid for the affected booking or, if you agree, an alternative equivalent booking.
5.8 If an event is postponed or materially changed, we will notify affected attendees as soon as reasonably practicable. If the new date or a material change does not suit you, you may request a refund subject to applicable law and any lawful ticketing-partner process.
5.9 Except to the extent required by law or caused by our breach, we are not responsible for separate travel, accommodation or other third-party costs incurred in connection with an event.
6.1 We may sell books, printed material and other goods through the website or at events. Product images and descriptions are intended to be a fair representation, although minor non-material differences may occur.
6.2 Your order is an offer to purchase. A contract is concluded when we accept the order and issue confirmation. If we cannot supply an item, we will notify you and refund any amount paid for that item.
6.3 We deliver to the areas and using the delivery options displayed on the website or checkout page at the time of purchase. Any stated delivery time is an estimate unless we expressly agree to a guaranteed delivery date.
6.4 Delivery charges, if any, will be disclosed before your complete payment.
6.5 If delivery is materially delayed, we will take reasonable steps to notify you and any cancellation or refund rights will be handled in accordance with applicable law.
6.6 Risk in goods passes to you on delivery to the address nominated by you, subject to any non-excludable rights under the CPA. Ownership passes once full payment has been received.
6.7 Please notify us promptly if an item is damaged in transit, defective or not what you ordered so that we can investigate and assist. A request for prompt notice does not limit any right or remedy you may have under the CPA, including the statutory warranty of quality where applicable.
7.1 Your cancellation and cooling-off rights depend on the type of transaction and the law that applies to it.
7.2 Where section 44 of ECTA applies to an electronic transaction, a consumer may cancel the qualifying transaction within the period provided by that Act and will be entitled to the refund provided for by ECTA, subject to the consumer bearing any direct cost of returning goods where the Act permits this.
7.3 The ECTA cooling-off right does not apply to every online transaction. Statutory exclusions may include, among other things, books and certain services relating to accommodation, transport, catering or leisure where the supplier undertakes to provide the service on a specific date or within a specific period. The applicable statutory position will therefore depend on the particular product or service purchased.
7.4 Separately, section 17 of the CPA permits a consumer to cancel an advance reservation, booking or order for goods or services, subject to any reasonable cancellation charge permitted by that section.
7.5 If a cancellation charge is imposed, it will be reasonable in the circumstances and determined with regard to the factors required by the CPA, including the nature of the goods or services, the length of notice, the reasonable potential to find another customer and relevant industry practice. We will not impose a cancellation charge that is prohibited by law.
7.6 A cancellation charge contemplated in section 17 of the CPA will not be imposed where the person for whom the booking was made is unable to honour the booking because of that person’s death or hospitalisation, subject to reasonable verification where necessary.
7.7 To request a cancellation or refund, contact info@prosperityenterprises.co.za and provide the booking or order details needed to identify the transaction.
7.8 Approved refunds will be processed as soon as reasonably practicable and within any period required by applicable law. Where possible, a refund will be made using the original payment method unless another arrangement is agreed.
7.9 Where a ticket or payment was processed through Quicket or another third-party payment or ticketing provider, the refund may need to be processed through that provider and its reasonable processing procedures may apply.
8.1 Prices are stated in South African Rand unless expressly indicated otherwise. The price displayed and accepted at checkout or in the applicable written quotation is the price that applies, subject to correction of a manifest or obvious error as permitted by law.
8.2 Online payments may be processed by PayFast, Quicket or another payment provider identified at checkout. Payment-card information is processed under the security arrangements of the relevant payment provider and is not intentionally stored by us in full.
8.3 The payment methods available for a transaction are those displayed at checkout or stated in the applicable invoice or quotation.
8.4 If a displayed price contains an obvious and material error, we may decline or cancel the transaction where the law permits us to do so and will refund any amount already paid for the cancelled transaction.
8.5 Unless otherwise agreed in writing, payment must be received in accordance with the applicable booking, invoice or order terms before we are required to provide the relevant paid product or service.
9.1 Professional services described on our website may include trust structuring and administration, company structuring and administration, accounting-related support, property-related services and introductions to other professional or regulated service providers. These services are distinct from our general educational content and online retail activities.
9.2 A professional service is governed by the written agreement, quotation, mandate or engagement applicable to that service and by the legal and regulatory requirements applicable to the contracting entity and service concerned.
9.3 Where PE Trust Services (Pty) Ltd provides trust administration or an independent trustee service, its duties and authority are limited to the relevant trust instrument, trustee resolutions, written service agreement and applicable South African trust law. Nothing in these website Terms expands the powers or duties of a trustee beyond those sources.
9.4 Conveyancing and legal work that may lawfully be performed only by an admitted attorney or conveyancer will be performed by an appropriately admitted legal practitioner. Unless the engagement documents expressly state otherwise, a third-party attorney or conveyancer contracts with you directly for that professional work.
9.5 Where we introduce you to a bond originator, lender, financial adviser, accountant, tax practitioner, attorney, conveyancer, insurer, property practitioner or other independent third party, that third party remains responsible for the regulated or professional service it provides under its own mandate and terms. An introduction does not make us responsible for that third party’s independent professional judgment or performance, except where the law provides otherwise.
9.6 Certain trust and company services may require customer due diligence, identity verification, beneficial-ownership information and record-keeping under the Financial Intelligence Centre Act 38 of 2001 and other applicable laws. You agree to provide information and documents reasonably required for us to comply with those obligations. We may delay or decline to commence or continue a service where legally required compliance information has not been provided.
9.7 Registrations, approvals, financing decisions, Master of the High Court processes, CIPC processes, SARS processes, bank decisions, property transfers and third-party professional processes may depend on public bodies or independent third parties. We cannot guarantee their processing times, approvals or outcomes.
10.1 We process personal information in accordance with POPIA and our Privacy Policy, which explains the categories of information we collect, the purposes for which it is used, the legal basis for processing where applicable, retention, security and sharing.
10.2 We may use personal information to process orders and bookings, provide requested services, administer client relationships, perform compliance checks, maintain records, communicate with you and meet legal obligations.
10.3 Electronic direct marketing will be sent only where permitted by law. Where an unsubscribe or opt-out right applies, each marketing communication will provide a reasonable means to exercise it.
10.4 You may exercise applicable POPIA rights, including requesting access to or correction of personal information and objecting to certain processing, by contacting our Information Officer at compliance@prosperityenterprises.co.za.
10.5 You may lodge a POPIA complaint with the Information Regulator (South Africa), including through its eServices platform or at POPIAComplaints@inforegulator.org.za. General enquiries may be directed to enquiries@inforegulator.org.za or 010 023 5200.
10.6 Our Information Officer and any Deputy Information Officer(s) will be registered and will perform their duties as required by POPIA. Records are retained only for as long as required for the purpose for which they were collected or as required or permitted by applicable law and our lawful record-retention schedule.
11.1 Our website content, books, presentations, handouts, course material, templates, recordings, branding and other original material are owned by us or used under licence and are protected by applicable intellectual-property law.
11.2 Unless we expressly agree otherwise in writing, material supplied to you is for your own lawful personal or internal business use. You may not reproduce, distribute, publish, resell, commercially exploit, upload, broadcast or use it to provide competing training or services without permission.
11.3 You may not use our names, logos, trade marks or branding in a manner that suggests endorsement, affiliation or authority without prior written permission.
11.4 If you voluntarily send us feedback or suggestions, we may use that feedback to improve our services, provided that we continue to comply with applicable confidentiality and privacy obligations.
12.1 We will perform our contractual obligations with the degree of care, skill and quality required by applicable law and the relevant written agreement.
12.2 To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of an anticipated investment return or loss resulting from reliance on general educational material as if it were personalised advice.
12.3 Nothing in these Terms excludes or limits liability that may not lawfully be excluded or limited, including liability arising from fraud, wilful misconduct or gross negligence where the CPA or other applicable law prohibits such exclusion or limitation.
12.4 To the extent that the law permits a contractual limitation of liability, our aggregate liability arising directly from a particular online order, event booking or general educational product will not exceed the amount paid to the relevant Prosperity Enterprises entity for that transaction. This limitation does not apply where it would be prohibited, unfair, unreasonable or unjust under applicable law.
12.5 We are not responsible for delay or non-performance caused by circumstances beyond our reasonable control, including natural disasters, widespread infrastructure failure, civil unrest, governmental restrictions or other force-majeure events, provided that we act reasonably in the circumstances and comply with any non-excludable consumer rights.
13.1 If you unlawfully misuse our website, intellectual property, event content or facilities and that misuse directly causes us a proven loss, you may be responsible for the reasonable loss and costs caused by that conduct to the extent permitted by law.
13.2 You will not be responsible under clause 13.1 to the extent that the relevant loss was caused or contributed to by our own unlawful conduct, breach, negligence or omission.
14.1 If you are dissatisfied with a product, booking or service, please contact us first at info@prosperityenterprises.co.za and provide enough information for us to identify the matter and investigate it.
14.2 We aim to acknowledge a complaint within 2 working days and to provide a substantive response within 10 working days, or to advise you within that period if a complex matter reasonably requires more time.
14.3 Where applicable, you may refer an unresolved consumer matter to the National Consumer Commission, the Consumer Goods and Services Ombud or another competent statutory or industry body. Privacy complaints may be referred to the Information Regulator.
14.4 Nothing in this complaints process removes any right you have to approach a court or other competent forum.
15.1 We may update these Terms when our services, website, suppliers, payment arrangements or legal obligations change.
15.2 Unless applicable law requires otherwise, the version in force when you place an order or booking applies to that transaction. A later version will not retrospectively change an already concluded transaction.
15.3 The current effective date and last-updated date will be shown at the beginning of these Terms.
16.1 These Terms, our Privacy Policy, the applicable order or booking confirmation and any separate written service agreement form the agreement relevant to the transaction or service concerned. A separate signed service agreement prevails over these website Terms to the extent of a direct conflict about that professional service.
16.2 If any provision is found to be invalid or unenforceable, it will be severed or limited to the minimum extent necessary and the remaining provisions will continue to apply.
16.3 A delay or failure to enforce a right does not amount to a waiver of that right.
16.4 You may not transfer contractual rights or obligations arising from a particular transaction without our written consent where consent is reasonably required, except where the law gives you a right to do so.
16.5 These Terms are governed by the laws of the Republic of South Africa. Any dispute may be brought before a South African court or other forum that has jurisdiction under applicable law. Nothing in these Terms requires a consumer to submit to a forum in circumstances where doing so would unlawfully deprive that consumer of a statutory right.
16.6 Notices and transaction communications may be sent to the email address or other contact details you provided to us. You are responsible for keeping those contact details reasonably up to date.
17.1 Prosperity Enterprises
Block B, Infinity Business Park
Corner Winnie Mandela Drive and Pieter Wenning Road
Fourways, Johannesburg, South Africa
17.2 General customer enquiries: info@prosperityenterprises.co.za
Telephone: 010 285 0549
Privacy / POPIA enquiries: compliance@prosperityenterprises.co.za
