Terms and Conditions for the Shyft App
The words below have the meanings set out next to them unless the context indicates a different meaning. Defined words and expressions are in italics in the terms.
| Word | Meaning |
| account | A valid, active current or savings account, held in the country where you are a permanent or temporary resident, that can be used to fund your wallet in the Shyft App for the purpose of buying foreign currency. |
| affiliate | Any of your subsidiaries, your holding company or any subsidiary of your holding company and all of its subsidiaries. |
| App Store | The application store you use to download the Shyft App. The App Store is run by the manufacturer of the device you use, for example Apple or Google Play (Android). |
| applicable laws | All national, provincial, local and municipal legislation, regulations, statutes, by-laws, consents or other laws of any relevant governmental authority and any other instrument having the force of law that may be issued and in force from time to time in respect of the activities covered by the terms. |
| BOP | Balance of Payments. |
| BOP Category Codes | Codes prescribed by the SARB to categorise the type or purpose of an international payment. |
| BOP Reporting | The process of reporting known as balance of payments reporting, which is required by the SARB for international payments. |
| business day | Any day other than a Saturday, a Sunday or an official bank holiday or public holiday in: · South Africa; · the country (i) in which the applicable foreign bank and the beneficiary receiving the international payment are based; or (ii) to which the applicable foreign currency relates; and/or · any jurisdiction which is relevant to the international payment or foreign currency, whether in terms of currency conversion or otherwise. |
| business hours | 9am to 5pm, Mondays to Fridays. |
| CMA | The Common Monetary Area, consisting of South Africa, the Republic of Namibia, the Kingdom of Lesotho and the Kingdom of eSwatini. |
| card | A Shyft card, a Shyft ZAR card or a virtual card. |
| device | The mobile phone, tablet or similar technology that you use to access the Shyft App. |
| exchange rate | The rate of exchange that we determine and that is available at the time the relevant foreign currency is bought or sold or the international payment is made. |
| FICA | The Financial Intelligence Centre Act 38 of 2001, as updated from time to time and all the legislation (laws) that falls under it. |
| FinSurv | The Financial Surveillance Department of the South African Reserve Bank, which is responsible for the administration of exchange control in South Africa. |
| FinSurv Reporting Categories Codes | Codes prescribed by the FinSurv to categorise the type or purpose of an international payment. |
| foreign currency | A currency other than the currency that is legal tender in the country where you are a permanent or temporary resident. |
| foreign national | A natural person who is a permanent resident outside the CMA and who has taken up temporary residence in South Africa in terms of a valid permit. |
| Group | Standard Bank Group Limited, its subsidiaries and all of their subsidiaries. |
| international payment | A payment to a beneficiary holding a bank account in a different country or a payment to your wallet from a different country. |
| password | Any confidential code, user name and password, card PIN, security token or other information that you must use to confirm your identity when you access the Shyft App or make a payment with your Card. |
| Card PIN | The personal identification number that applies to your Card. It is only known to you. |
| processing | Any operation or activity, automated or not, relating to Personal Information, including alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification or use, and process and processed will have a similar meaning. |
| profile | The profile we give you so we can identify you when you sign up for the Shyft App. |
| prohibited activities | Illegal or terrorist activities, money laundering or any activities that are subject to sanctions or do not comply with applicable laws. |
| regulations | The Exchange Control Regulations of 1961 as promulgated by Government Notice R.1111 of 1961. |
| resident | A resident of South Africa who holds a valid South African green identity document or a Smart ID card. |
| SARB | The South African Reserve Bank. |
| SARS | The South African Revenue Service. |
| SDA | The Single Discretionary Allowance, specified by the FinSurv, that residents who are 18 years old or older may use per calendar year. |
| Shyft App | An application we provide to you for buying and selling foreign currency, making international payments, creating Virtual Cards and ordering Shyft Cards. |
| Shyft card | A physical, prepaid travel wallet card that we issue to you and that can be loaded with foreign currency. |
| Shyft support | The in-app chat facility that Shyft App users will be able to access by clicking on the Intercom icon in the Shyft App during business hours, the “request a call back” function on the Shyft App, or the email address to which Shyft App users may send their queries or requests for assistance. |
| Shyft ZAR card | A physical, prepaid card that we issue to you and that can be loaded with South African Rand. |
| SMS | Short message service. |
| South Africa | The Republic of South Africa. |
| Standard Bank, we, us or our | The Standard Bank of South Africa Limited (Registration Number 1962/000738/06) and its successors or assigns. |
| SWIFT | The Society for Worldwide Interbank Financial Telecommunications. |
| transaction | An instruction or order we execute on your behalf, such as buying and selling foreign currency or making international payments. |
| virtual card | A prepaid virtual card that we issue to you and that you can load with currency and use for making purchases through the internet, over the telephone or by mail order at any merchant that accepts card-not-present transactions. |
| wallet | An electronic wallet in which you can store foreign currency or the currency of the country where you are a permanent or temporary resident. |
| you or your | Referring to the person who has an account and signs up for and uses the Shyft App. |
| ZAR or Rand | South African Rand. |
We have included hyperlinks in these terms to other information that may apply to you. To view the information you will need to copy the entire web address (starting with "http://" or “https://” and ending with ".html" or ".co.za") and paste it in your browser. You must read any information that applies to you, because it forms part of these terms. If you cannot read any linked information, please contact us through Shyft support.
You can use the Shyft App and/or Site to use the Shyft Investments product. The terms in Schedule 2 of the terms apply to Shyft Investments.
You must promptly tell us if your contact details (including your email address and telephone number) change and ensure that we always have complete, accurate and up-to-date contact details for you. If you do not do this, it may impact your rights under these terms. For example, we may not be able to send you security tokens or send you fraud notifications or other important information, such as changes to the terms or any security guidelines relating to the use of the Shyft App and your card. We are not liable if circumstances beyond our control prevent you from receiving communications or security tokens, for example if your mobile network provider is having technical issues, your email address has been compromised or you are a victim of a SIM swap.
You will cover (pay for) any loss or damages that we may suffer on your behalf if:
You can use the Shyft App and/or Site to use the Shyft Trader product. The terms in Schedule 4 of the terms apply to Shyft Trader.
USING A SHYFT CARD, SHYFT ZAR CARD OR VIRTUAL CARD
When the card is used in a transaction, we assume that this transaction has been authorised by you, even if it took place without your knowledge or consent or was not authorised by you. This means that unless you notified us beforehand of any unauthorised access to or use of your card or passwords, or your card is compromised (someone uses your card without your knowledge or permission), you are liable for all losses in connection with that transaction.
SHYFT INVESTMENTS
In order to use the Shyft Investments product available on the Shyft App and/or Site you agree to the following terms and conditions, which will supplement and form part of the terms. These additional terms and conditions will be read together with the terms as part of one agreement.
Standard Bank may withdraw any account facility, as a whole or in part, on a permanent or a temporary basis, that it provides to you. Such action may be taken, for example, in situations where:
Standard Bank will inform you of the withdrawal and the reasons for it before the withdrawal, where possible, or immediately thereafter, unless giving such information would compromise objectively justified security considerations.
Standard Bank is entitled to do anything required to give effect to the terms and to render the services including the following:
Under exceptional circumstances (as set out in clause 23) and to ensure market integrity a relevant stock exchange may cancel any trade if required.
In exceptional market conditions, Standard Bank reserves the right not to submit an order for execution. Exceptional market conditions may occur where there is a significant deviation between bid and offer prices, where market prices are unavailable for the relevant security or in the event of sudden uncertainties in the global market, or any error that is not subject to any doubt, or an incident caused by a technical or manual mistake at the stock exchange, at Standard Bank or by you, a significant and indisputable violation of legislation or directions or the rules of the relevant stock exchange or any technical disruption in trading and/or clearing systems that is beyond the control of Standard Bank.
You are hereby made aware and acknowledge that in voluntary corporate actions where the alternative to a cash settlement is the settlement in a security that is not supported by Standard Bank, its affiliate, third-party dealer or the relevant market participant, you will not have the option to choose but will be given the cash settlement.
Standard Bank may charge commission and fees in respect of corporate actions. The prevailing trading costs are available on the commissions charges schedule on the Shyft App and are set out in an addendum to the terms.
Taxes and fees may also occur on corporate actions in addition to those that apply to cash dividends, such as fees on a stock dividend or tax on a merger. When such taxes and fees occur, Standard Bank will debit your trading portfolio or wallet accordingly.
You acknowledge and accept that due to the structure of the custodial relationship between Standard Bank and its affiliate, third-party dealers or market participants, it is not practical for you to instruct and exercise any voting rights in respect of any securities held in your trading portfolio.
Standard Bank is, in accordance with the best execution policy, entitled to aggregate your orders with its own orders and the orders of any of its affiliates and/or persons connected with Standard Bank including employees and other clients. Furthermore, Standard Bank may split your orders when executing them. However, the orders will only be aggregated or split if Standard Bank reasonably believes it to be in your best interests. On some occasions, aggregation and splitting of your order may result in a less favourable price for you than if the order had been executed separately or mutually.
Standard Bank, its affiliates or other persons or companies connected with Standard Bank may have an interest, relationship or arrangement that is material to a transaction carried out or advice provided by Standard Bank, under the terms, that may be in conflict or in competition with your interests. By accepting the terms and Standard Bank's code of ethics, you agree that Standard Bank may transact such business in terms of its conflict of interest policies and management procedures.
Standard Bank and you undertake, on termination of the agreement, to complete all transactions that are already entered into or under execution and the terms will continue to bind both parties in respect of such transactions. Standard Bank is entitled (i) to deduct all amounts due to it before transferring any credit balances on any of the trading portfolios or wallets to you, (ii) to postpone such until all transactions are completed and settled and (iii) to require you to pay any charges it incurred in transferring your investments.
Standard Bank will submit orders for execution at your request and recommends that you use the trading platform when trading securities as this provides for swift client identification and thus faster processing of your orders. If you submit an order in another manner, Standard Bank manually verifies the basis of the relevant order before processing and this may result in an extended processing time.
SHYFT VAULT
This product is covered by the Corporation for Deposit Insurance (CODI). If Standard Bank cannot repay its clients their deposit for any reason, you will have access to the funds deposited in your products that are covered by CODI, up to the limit set out in the Deposit Insurance Regulations made in terms of the Financial Sector Regulation Act. You can find out more this on the CODI website.
To use the Shyft Trader’s product available on the Shyft app and/or site, you agree to the following terms and conditions, which will supplement and form part of the terms. These additional terms and conditions will be read together with the terms as part of one agreement.
SHYFT TRADER
To use the Shyft Trader’s product available on the Shyft app and/or site, you agree to the following terms and conditions, which will supplement and form part of the terms. These additional terms and conditions will be read together with the terms as part of one agreement.
Definitions and interpretation of Shyft Trader Terms
Standard Bank may withdraw any account facility, as a whole or in part, on a permanent or a temporary basis, that it provides to you. Such action may be taken, for example, in situations where:
Standard Bank will inform you of the withdrawal and the reasons for it before the withdrawal, where possible, or immediately thereafter, unless giving such information would compromise objectively justified security considerations.
Standard Bank is entitled to do anything required to give effect to the terms and to render the services including the following:
Standard Bank is, in accordance with the best execution policy, entitled to aggregate your orders with its own orders and the orders of any of its affiliates and/or persons connected with Standard Bank, including employees and other clients. Furthermore, Standard Bank may split your orders when executing them. However, the orders will only be aggregated or split if Standard Bank reasonably believes it to be in your best interests. On some occasions, aggregation and splitting of your order may result in a less favourable price for you than if the order had been executed separately or mutually.
Standard Bank, its affiliates or other persons or companies connected with Standard Bank may have an interest, relationship or arrangement material to a transaction carried out or advice provided by Standard Bank, under the terms, that may be in conflict or in competition with your interests. By accepting the terms and Standard Bank's code of ethics, you agree that Standard Bank may transact such business in terms of its conflict of interest policies and management procedures.
Standard Bank and you undertake, on termination of the agreement, to complete all transactions that are already entered into or under execution, and the terms will continue to bind both parties in respect of such transactions. Standard Bank is entitled (i) to deduct all amounts due to it before transferring any credit balances on any of the trading portfolios or wallets to you, (ii) to postpone such transfer until all transactions are completed and settled and (iii) to require you to pay any charges it incurred in transferring your investments.
The provisions of Clause 442 in Schedule 2 to the terms will apply to this section as well, with any changes necessary to make it appropriate for this context.
Standard Bank will submit orders for execution at your request and recommends that you use the trading platform when trading securities, as this provides for swift client identification and thus faster processing of your orders. If you submit an order in another manner, Standard Bank manually verifies the basis of the relevant order before processing, and this may result in an extended processing time.
Under exceptional circumstances (as set out in Clause 23) and to ensure market integrity, a relevant stock exchange may cancel any trade if required.
In exceptional market conditions, Standard Bank reserves the right not to submit an order for execution. Exceptional market conditions may occur where there is a significant deviation between bid and offer prices, where market prices are unavailable for the relevant security or in the event of sudden uncertainties in the global market; any error that is not subject to any doubt; an incident caused by a technical or manual mistake at the stock exchange, at Standard Bank or by you; a significant and indisputable violation of legislation or directions or the rules of the relevant stock exchange; or any technical disruption in trading and/or clearing systems that is beyond the control of Standard Bank.
You are hereby made aware and acknowledge that in voluntary corporate actions where the alternative to a cash settlement is the settlement in a security that is not supported by Standard Bank, its affiliate, third-party dealer or the relevant market participant, you will not have the option to choose but will be given the cash settlement.
Standard Bank may charge commission and fees in respect of corporate actions. The prevailing trading costs are available on the commissions charges schedule on the Shyft app and are set out in an addendum to the terms.
Taxes and fees may also occur on corporate actions in addition to those that apply to cash dividends, such as fees on a stock dividend or tax on a merger. When such taxes and fees occur, Standard Bank will debit your trading portfolio or wallet accordingly.
The client acknowledges, confirms and consents that Standard Bank may record all telephone calls. With respect to such telephone calls, the recording may be admissible in any dispute resolution proceedings as contemplated herein.
You acknowledge and accept that due to the structure of the custodial relationship between Standard Bank and its affiliate, third-party dealers or market participants, it is not practical for you to instruct and exercise any voting rights in respect of any securities held in yourtrading portfolio.
Standard Bank is, in accordance with the best execution policy, entitled to aggregate your orders with its own orders and the orders of any of its affiliates and/or persons connected with Standard Bank, including employees and other clients. Furthermore, Standard Bank may split your orders when executing them. However, the orders will only be aggregated or split if Standard Bank reasonably believes it to be in your best interests. On some occasions, aggregation and splitting of your order may result in a less favourable price for you than if the order had been executed separately or mutually.
Standard Bank, its affiliates or other persons or companies connected with Standard Bank may have an interest, relationship or arrangement that is material to a transaction carried out or advice provided by Standard Bank, under the terms, that may be in conflict or in competition with your interests. By accepting the terms and Standard Bank's code of ethics, you agree that Standard Bank may transact such business in terms of its conflict of interest policies and management procedures.
In some jurisdictions, firms are permitted to effect off-exchange transactions. The party with which you deal may be acting as your counterparty to the transaction. It may be difficult or impossible to liquidate an existing position, to assess the value, to determine a fair price or to assess the exposure to risk. For these reasons, these transactions may involve increased risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime. Before you undertake such transactions, you should familiarize yourself with applicable rules and attendant risks.
Standard Bank has identified the following circumstances that may give rise to a conflict of interest:
Standard Bank may receive or pay inducements to or from third parties due to the referral of new clients or clients' trading.
These Terms are applicable from 1 September 2015 or the date of acceptance of these Terms (whichever is the earlier) and will remain effective until a more recent version is released. The prevailing version of the Terms is always available on the site.
You can view the ISDA Master Agreement here: https://d2vgzkmif8565m.cloudfront.net/ISDA_Offshore_Master_Agreement_335dc68a5b.pdf