ECTA section 43 legal disclosure

What this page is

Section 43 of the Electronic Communications and Transactions Act 25 of 2002 requires a supplier offering goods or services for sale through an electronic transaction to make eighteen categories of information available to the consumer. All eighteen are set out below, in order, in full rather than by summary.

Where a fact has not yet been confirmed from a primary source, a placeholder token appears in braces. A placeholder means exactly one thing: the value has not been invented, and it must be substituted before this site is published on its production domain. Nothing here is approximate.

a. Full name and legal status

registered company name — to be confirmed, a private company incorporated in terms of the Companies Act 71 of 2008 in the Republic of South Africa, trading as Conexus Crypto. The company is a juristic person with legal personality separate from its shareholders and directors.

b. Physical address and telephone number

Tiny Empire, 37 Buitenkant Street, District Six, Cape Town, 7925, Western Cape, South Africa. A second location in Johannesburg operates by appointment only.
Telephone and WhatsApp: +27 76 560 1228.

c. Website address and email address

Website: conexus-crypto.com.
Email: support@conexus-crypto.com.
Other verified channels — Telegram and Instagram — are listed on the verified channels page. Any channel not listed there is not us.

d. Membership of self-regulatory or accreditation bodies

Conexus Crypto claims no membership of any self-regulatory or accreditation body, and no logo, seal, badge or endorsement on this website should be read as one. Statutory oversight is exercised by the Financial Sector Conduct Authority under the FAIS Act and by the Financial Intelligence Centre under the FIC Act; neither is a membership body. If the company joins a self-regulatory body in future, it will be named in this field with the body's contact details.

e. Codes of conduct subscribed to, and how to access them

The FAIS General Code of Conduct for Authorised Financial Services Providers and Representatives, 2003, which binds us by law and is published by the FSCA. The Advertising Regulatory Board Code of Advertising Practice, and in particular Section III clause 17 of 23 January 2023 dealing with crypto asset advertising, which we apply to all of our marketing. Our own published policies — AML and KYC, conflicts of interest, prohibited use and complaints — are accessible electronically on this website at all times and may be downloaded, stored and printed from your browser.

f. Registration number, office bearers and place of registration

Company registration number: CIPC registration number — to be confirmed, issued by the Companies and Intellectual Property Commission (CIPC).
Directors and office bearers: directors — to be confirmed.
Place of registration: Republic of South Africa.
FSCA Financial Services Provider number: FSCA licence number — to be confirmed, Category I, crypto assets. Compliance officer: compliance officer — to be confirmed. Information officer for the purposes of PAIA and POPIA: Information Officer — to be confirmed. These may be verified independently on the FSCA and CIPC public registers — see compliance and regulatory status.

g. Physical address for service of legal process

Legal process is accepted at Tiny Empire, 37 Buitenkant Street, District Six, Cape Town, 7925, Western Cape, South Africa, during ordinary business hours. Service by email is not accepted as service of legal process unless a court has ordered otherwise.

h. Main characteristics of the services

Conexus Crypto operates an over-the-counter exchange service: it buys crypto assets from clients for South African rand, and sells crypto assets to clients against payment in rand, dealing as principal. Assets quoted are BTC, ETH, USDT, USDC, SOL, XRP, BNB and TRX, always against ZAR. A dealer issues a firm quote which the client may accept or decline; on acceptance, each side delivers its leg and the client receives a written confirmation.

The service expressly does not include: taking deposits, custody or wallet services, discretionary management, financial or investment advice, tax or legal advice, payment or remittance services, or any lending or credit. A crypto asset is not legal tender in South Africa and does not fall within the National Payment System Act 78 of 1998.

i. Full price, including taxes and all costs

The full price is the rand figure stated in the firm quote. It is a net, all-in figure: it already includes the desk's margin and any applicable fee, and it is the amount that will settle. The quote also discloses the reference market rate and the margin applied at that size.

The supply of a crypto asset is a deemed financial service exempt from VAT under section 2(1) of the Value-Added Tax Act 89 of 1991, so no VAT is charged on the exchange itself. Where a separate service fee is charged that is not an exempt financial service, VAT is applied at the standard rate and shown as a separate line. Costs not controlled by us — your own bank's charges, and blockchain network fees where you are the sender — are for your account and are identified in the quote. Indicative rates on this website are not prices and cannot be accepted. The published fee structure is on the fees and limits page.

j. Manner of payment

Rand is paid and received by electronic funds transfer, real-time clearing or PayShap, to and from a South African bank account in the client's own name. Cash is not accepted and third-party payments are not accepted. Crypto assets are delivered to, and received from, a wallet controlled by the client on a network confirmed in writing before the transfer. No card payments, no cheques and no credit are offered.

k. Terms of the agreement, and how they may be accessed

The agreement consists of the terms of business, the firm quote and your written acceptance of it, together with the policies referred to in this page. All of them are published on this website in HTML, and can be accessed, stored, printed and reproduced electronically at any time from any browser. No guarantee of value, price, yield or performance is given or implied by any of them.

l. Time within which the service will be rendered

Settlement is ordinarily completed on the same business day on which the quote is accepted and the client's leg is received, provided onboarding is complete. Timing may be affected by network confirmation times, by bank cut-off times and by compliance checks required under the FIC Act. Where a delay arises, the client is informed; where the reason may not lawfully be disclosed, that is stated rather than substituted.

m. How to access and keep a full record of the transaction

A written confirmation is issued for every trade by email, showing the date and time, direction, asset, amounts, rate, fees, net figure, bank reference and on-chain transaction identifier. It may be saved and printed. Records are retained by us for at least five years under sections 22 and 23 of the FIC Act, and a consolidated statement of trades for any period within that retention window is available on request at no charge.

n. Return, exchange and refund policy

Set out in full under cancellation, reversal and refunds. In summary: a quote may be declined at no cost until it is accepted; once accepted, the trade is binding; a crypto transfer once broadcast to a network is irreversible and cannot be recalled by anyone. Where an amount is returnable, it is returned to the verified source account or wallet, in the same asset or currency, net of the network or banking cost of the return.

o. Alternative dispute resolution

Our internal complaints procedure, with fixed day counts and an independent review stage, is at complaints. Externally, clients of financial institutions may refer a complaint to the statutory ombud system free of charge; the South African ombud system has been consolidated and the correct current scheme must be confirmed before this page is published — contact details: ombud scheme details — to be confirmed. Market conduct matters may be raised with the Financial Sector Conduct Authority, and personal information matters with the Information Regulator. Nothing in this paragraph limits the right to approach a court.

p. Security procedures and privacy policy

The website is served over HTTPS with HTTP Strict Transport Security and a restrictive content security policy. Payment details are never captured on this website: no card details are collected, and banking details are exchanged only on verified channels. Personal information is processed in accordance with the Protection of Personal Information Act 4 of 2013 as set out in the privacy policy, and cookies are described in the cookie policy. The information officer is Information Officer — to be confirmed. Before acting on any instruction that involves money, confirm the channel on the verified channels page.

q. Minimum duration of the agreement

None. Each transaction is a discrete exchange concluded on its own terms. There is no subscription, no fixed term, no minimum volume commitment and no ongoing mandate. A client relationship, once onboarded, may be left dormant indefinitely and may be terminated by either party at any time, subject to any transaction already concluded and to the statutory record-keeping obligations that survive termination.

r. Consumer rights under section 44 of ECTA

The seven-day cooling-off right in section 44 does not apply to this service. Section 42(2)(a) of ECTA excludes financial services from Chapter VII, and a crypto asset has been a financial product under the FAIS Act since General Notice 1350 in Government Gazette 47334 of 19 October 2022. Independently, section 42(2)(e) excludes transactions where the price depends on fluctuations in the financial market which are outside the supplier's control, which is the case for every rate quoted by this desk. The reasoning is set out in full under cancellation, reversal and refunds. No cooling-off right is offered or implied anywhere on this website.

Reviewing and correcting an order before placing it

Section 43(2) of ECTA requires a supplier to give the consumer an opportunity to review the entire electronic transaction, to correct any mistakes, and to withdraw from it, before finally placing an order.

At this desk that is built into how a trade is done. A firm quote is issued in writing and states the asset, direction, amount, network, rate, fees and the net figure, and nothing happens until you confirm it in writing. Until you do, you may correct any detail, ask for the quote to be recalculated, or walk away at no cost and without giving a reason. There is no countdown timer anywhere on this website, and there will be no pressure from a dealer — exaggerated urgency is prohibited by section 14 of the FAIS General Code of Conduct.

Section 43(3) provides that where a supplier fails to give that opportunity, the consumer may cancel the transaction within 14 days of receiving the goods or services. We give it, and we state so here so that you know what you are entitled to expect.

Companies Act section 32(4)

Section 32(4) of the Companies Act 71 of 2008 requires a company to provide its registered name and registration number on all notices and other official publications, including those in electronic form.

registered company name — to be confirmed · registration number CIPC registration number — to be confirmed · registered in the Republic of South Africa. The same details appear in the footer of every page on this website.