TERMS & CONDITIONS
Parties
1. This Website Terms and Conditions of Use Agreement ("the Terms of use" ) is between:
1.1 Loanfix (Pty) Ltd, Registration No. …………/07 with its principal place of business Unit 29B Nobel Park, Bellville, Western Cape Province, hereinafter referred to as Loanfix or LF. and
1.2 Customer – yourself being the person who uses our Site and Services, hereinafter referred to as the USER and/or YOU/YOURSELF.
Terms of Use
2. By using the LOANFIX website (the “site”) you agree to be bound by the terms and conditions set
forth in this Agreement.
3. Please read the Terms and Conditions carefully before you start to use the site.
4. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or
use the site.
5. On the other hand, should you accept and agree to our Terms & Conditions, YOU hereby accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at Privacy Policy, incorporated herein by reference.
6. YOU specifically agree that this Agreement will commence by taking any of the following actions, hereinafter referred to as the “Effective Date”:
i. by clicking to accept or agree to the Terms and Conditions when this option is made available to you;
ii. by ticking a “checkbox” / “tick box”, i.e. to give consent for LF or its Service Providers
to do an ITC check with Experian Credit Bureau; etc.
iii. by completing an Application Form or Information Sheet or any other form to provide
the necessary data required by LF or any of its Service Providers in order to provide a
service to YOU;
iv. by taking part in a survey, i.e. to rate our service;
v. by exercising any rights granted to YOU under this Agreement or such other Agreement in respect of any Service to which you subscribe via our site;
vi. by using the site of LF or any of its Service Providers in any way, i.e. by visiting as a
result of marketing by LF or any of the Service Providers on its panel; visiting to read
or download information contained on our Platform subject to the Rules herein
contained.
7. This Agreement between the Parties will persist until terminated in accordance with clause 74 below.
Service Providers
8. “Service Providers” Include ourselves (LF) and any other Service Provider whether listed on our site from time to time or otherwise disclosed via any other form of communication between yourself & LF. This list includes registered Lenders; Attorneys; etc.
Indemnification
9. LF does not take responsibility for the content, products and/or services advertised on our site or rendered by any of the Services Providers on its panel.
10. The use of our site and Services is entirely voluntary and the USER hereby agree to indemnify and
hold harmless LF and any of its Service Providers or associates and their successors and assigns, their respective officers, directors, employees and agents (the “indemnity parties”) from and against any and all claims, losses, liabilities, suits, judgements, expenses, damages including direct or consequential damages, penalties, fines or indemnity payments of whatsoever kind and nature arising from or in any way connected with your use of this site and/or information contained therein or in any other communication between the USER and LF and/or its Service Providers.
11. You agree to cooperate as fully as reasonably required in the defense of any claim.
12. LOANFIX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LOANFIX. Agreement
13. This Agreement incorporates the terms and conditions herein contained as well as any specific terms applicable to a specific service or product from LF or any of its Service Providers.
14. All words or phrases not defined have their ordinary English meaning for purposes of
interpretation.
15. It is specifically agreed that in the event of conflict of meaning between the terms herein contained and any specific term contained in a document used in a specific service or product of LF or any of its Service Providers, the meaning of the specific term will prevail in respect of the relevant service or product.
USE OF INFORMATION
16. All information and material included on the site are for general information purposes only and do NOT constitute Legal or Financial advice.
17. The said info is not intended to be a substitute for obtaining legal or financial advice from duly registered legal and/or financial advisers.
18. Consequently, all articles and material displayed on our site are NO substitute for legal or financial advice in respect of the specific facts relating to your specific circumstances and should NOT be considered legal or financial advice relating to such particular circumstances.
19. You are therefore advised to seek specific Legal or Financial advice from professionals in their field to assist with your particular circumstances.
20. We specifically place on record that we do NOT represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our site or the sites of the Service Providers on our panel.
21. YOU hereby acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your SOLE RISK.
22. LF reserves the right, in its sole discretion, to correct any errors or omissions in any portion of our site without prior notice to yourself.
23. Any statement on our site pertaining specific results such as improvement of a Credit Score; qualification for Loans or other forms of Credit within a specific period of time; etc. are based on specific case studies and does NOT warrant or guarantee that YOU will experience the same results.
24. LF and all the Service Providers on its panel, do therefore NOT guarantee any specific result or outcome to any individual.
Conditions of Use
25. LF hereby grants you the right to use our site on the following terms & conditions:
25.1 you may only use the site for the duration of the Agreement;
25.2 you may only use the site and Services in your private capacity;
25.3 you may not allow anyone else to provide your personal information on our site;
25.4 you will provide us with accurate information when required to do so in order to deliver services to yourself;
25.5 by using our site and the services offered, you hereby give your permission for us to monitor your manner of use for purposes of security and otherwise the stability of the site;
25.6 you will take the necessary care to protect your username and password issued in respect of specified services offered on our site;
25.7 you may not transfer any right granted to yourself under this Agreement to anyone else without our written permission;
25.8 you may not use any device, software, or routine that interferes with the proper working of the site;
25.9 you may not introduce any viruses or any material that is malicious or technologically harmful;
25.10 you may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site, including any link sites or the specific sites of any of our Service Providers;
25.11 you may not otherwise attempt to interfere with the proper working of the site in any manner whatsoever;
25.12 you agree to abide by such other terms & conditions to be communicated to yourself in writing from time to time.
26 Notwithstanding any other stipulation in this Agreement regarding Breach, LF reserves the right to cancel your Right of Use with immediate effect and without further notice should you breach any of the afore mentioned conditions of use.
Copyright
27 The Site is protected by copyright as a collective work and/or compilation, pursuant to South African copyright laws, international conventions, and other copyright laws.
28 You are authorized to download material displayed on our site for your personal, non-commercial use only but you may NOT in so doing remove or amend any trademark, copyright or other proprietary notice thereon.
29 All materials contained on our site are protected by copyright, and are owned or controlled by LF or the party credited as the provider of the Content, i.e. blog content.
30 You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on The Site.
31 You may view and save the material only for your personal reference. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from LF or the copyright holder identified in the individual Content's copyright notice.
32 Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on our site in any way unless you obtain the prior written consent of LF or any of its Service Providers.
33 We are not able to confirm that the materials contained on these web pages are correct in every case.
34 Accordingly, LF reserves the right to make changes to the site, including the availability of any feature, database, content, web page materials, product information and prices i.r.o. any Service or Product at any time without notice or liability.
35 Furthermore, LF may impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.
Intellectual property & Trademarks
36 LF and the Service Providers on their panel own all proprietary rights in our/their Services and Products and/or technology.
37 Therefore, we or the particular Service Provider who owns the particular rights reserves the right to prosecute you for any violation of those rights, whether in respect of direct violation by yourself or via a 3 rd party to whom you have disclosed any such proprietary rights.
38 “Technology” includes the specific Software developed by LF to provide the Services they offer on the site plus the rights acquired in respect of certain products or systems, whether by license or contract, which permissions are used to perform its obligations under this Agreement or any Agreement relating to a specific Service or Product.
39 It is specifically recorded that NO intellectual property or other rights shall be transferred to you through your use of our site or otherwise by using our Services or that of our Service Providers whether you paid for such Service or not.
40 You may NOT change or copy any of the Services offered by LF or any of its Service Providers for purposes of commercial use in competition with LF or any of its Service Providers.
41 All trademarks belong to the respective owners thereof and you may NOT use them without
permission of the particular owner. Link to other sites
42 Any external sites, including those of our Service Providers, linked to our site are not under the control of LF.
43 As such LF is NOT responsible for the contents of such linked site or any content contained in such linked site, or any changes or updates to such sites.
44 These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by LF.
45 In particular, LF is NOT in a position to monitor the linked 3 rd party websites for violations of the law and does therefore not accept responsibility for the accuracy of the information therein contained.
46 For the reasons above, the data protection declaration for this website does not apply to such linked websites.
DATA
47. LF takes the protection of your personal data very seriously and therefore undertake to do anything within our power to protect it.
48. In so doing we comply with all relevant Laws, i.e. POPIA (the Protection of Personal Information Act 4 of 2013) as well as other laws such as the NCA (National Credit Act 34 of 2005); the CPA (Consumer Protection Act 68 of 2008); etc.
49. In order to be compliant, we have implemented effective security in our technical and administrative systems to:
49.1 ensure the security and confidentiality of your personal information;
49.2 protect against unauthorized access and use of personal data;
49.3 protect against processing of information otherwise than in accordance with this Agreement or any Agreement relating to a Service or Product we or any of our Service Providers offer;
49.4 protect against unauthorized disclosure to 3 rd Parties, except the 3 rd Party Service Providers on our panel;
49.5 be able to quickly identify any of your data separately from any other data under our control.
50. In order to be compliant with Sect. 19 of POPIA we have appointed an individual to monitor and
verify that the safeguards are duly implemented.
51. YOU hereby agree and gives permission to LF to disclose or share your personal information to any of the Service Providers on their panel in order to provide a Service or Product to yourself, including but not limited thereto:
51.1 providing a Credit Repair Service;
51.2 providing a Legal Service by a duly registered Attorney;
51.3 providing a Financial Service by a duly registered Financial Advisor, i.e. Credit Life Insurance
51.4 providing a Loan product or Credit product or service by a duly registered LENDER
51.5 any other reason to be agreed to between LF or its Service Providers and yourself.
52. In order to be compliant with the relevant data protection laws, we have appointed an individual to monitor and verify that the safeguards are duly implemented.
53. You may request the deletion of personal data that is inaccurate, irrelevant, excessive, outdated, incomplete, misleading or obtained unlawfully. Confidential Information
54. All parties, including YOU and LF and each of its Service Providers, hereby undertake to keep any confidential information received from the other party under this Agreement and such other Agreement pertaining to a Service or Product offered by LF or its Service Providers confidential.
55. Each receiving party will:
55.1 protect the other parties` interests;
55.2 only use such confidential information to comply with their responsibilities under this Agreement and such other Agreement pertaining to a Service or Product offered by LF or its Service Providers;
55.3 use reasonable security measures to ensure that its employees and officials keep the information so received confidential;
55.4 only disclose the necessary information to its employees;
55.5 not use it for any other purpose other than agreed to in this Agreement or such other Agreement pertaining to a Service or Product offered by LF or its Service Providers;
55.6 not reveal the information to anyone else.
55.7 At the end of this Agreement or such other Agreement pertaining to a Service or Product offered by LF or its Service Providers, the party in possession of such confidential information will return such information to the owner thereof, unless:
i. the owner of the information agrees that the holding party may instead destroy
or retain it;
ii. it is lawfully in the public domain;
iii. ordered thereto by a Court of Law
56. Confidential information is any information that the Parties share with one another in terms of this Agreement or such other Agreement pertaining to a Service or Product offered by LF or its Service Providers, with the intention that the other party should keep it secret, i.e. personal information; business records; customer details; etc.
57. Each Party indemnifies the other against any loss or damage that the other may suffer because of a breach of this clause by a receiving Party or its employees or officials or Agents.
Opt-in Marketing
58. By collecting your personal data when you use our site and/or when you subscribe to our Services or the Services or Products offered by the Service Providers on our panel, you become an “opt-in” marketing Customer.
59. As such we may contact you with marketing material via email, telephone, SMS/text message; WhatsApp; social media platforms; instant messaging systems; push button notifications; etc. until you “opt-out”.
60. You hereby agree to receive direct marketing in accordance with the provisions of Sect. 69 of POPIA, which inter alia include:
60.1 if you consent thereto;
60.2 if you have not previously withheld consent;
60.3 and you were only approached once by LF or any of its Service Providers to obtain such consent.
61. Such consent may be given:
61.1 via opt-in on our site;
61.2 manual opt-in form in the prescribed manner;
61.3 when your contact details were obtained when a Sale of our Service or product or that of our Service Providers is made;
61.4 in the Agreements pertaining any Service offered by LF or any of its Service Providers;
61.5 for the purpose of direct marketing of similar Services or products offered by LF or any of its Service Providers;
61.6 if you have been given a reasonable opportunity to opt out free of charge and in the prescribed manner.
62. You may opt out as follows:
62.1 Email marketing: by clicking the unsubscribe link on marketing related emails, except for emails generated in response to adverts placed on our site;
62.2 SMS marketing: by sending STOP to 0813277286;
62.3 Push Notifications: by removing the website you gave permission to in the notification settings of your browser;
62.4 Cookie preferences: by clicking on Manage your Cookie preferences.
63. Please note that it could take up to three workdays for opt-out requests to take full effect.
64. If you feel that you received communication from us that you did not consent to, or if you suspect that your information might have been accessed without your permission, we ask that you contact our complaints department at: [email protected]
Warranties
65. LF and the Service Providers on their panel warrant that they:
65.1 have the legal right and capacity to perform their obligations under this Agreement or a specific Agreement pertaining any Service offered by LF or any of its Service Providers;
65.2 will not knowingly introduce malicious software into your systems;
65.3 will provide the Services or Products in accordance with all applicable laws, i.e. the NCA; etc.
65.4 will provide Software and trained personnel to provide the Services you subscribe to.
66. Despite our warranties we will not be liable for any defects caused by your misuse; negligence or failure to follow our instructions
67. YOU (the USER) warrant that:
67.1 you have the legal capacity to enter into this Agreement;
67.2 you use our site and the Services offered by LF or any of its Service Providers at your own RISK;
67.3 you have not been induced to enter into this Agreement or such other Agreement in respect of any Service we or any of our Service Providers offer, whether by prior representation; warranties; guarantees or promise.
68. YOU hereby indemnify us against any claim for damages by a 3 rd party resulting from a breach of your warranties, including legal costs on an Attorney/client scale.
Agreement to Pay
69. You hereby agree to make payment in respect of any Service provided by ourselves as well as any of the Service Providers on our panel in accordance with the relevant Agreement relating to the particular Service or Product.
70. You may not withhold payment of any amount due to LF or any of their Service Providers for any reason.
71. LF and any of its Service Providers reserve the right to proceed with legal action should you fail to make payments on the due date as per Agreement between yourself and LF or the particular Service Provider on our panel.
72. We may report your payment behavior to any registered Credit Bureau.
73. We may appoint an accountant to sign a certificate that will be proof of the amount due by you and the date on which it is payable.
Breach and termination
74. This Agreement will commence on the Effective Date (clause 6) and remain in full force and effect for the duration of the Agreement subject to LF`s right of termination as provided for in this clause.
75. If any party (“the breaching party”) commits a breach of this agreement, the other party (“the innocent party”) shall be entitled to give the breaching party written notice to remedy such breach within seven days after the date of receipt of the notice.
76. If the breaching party fails to comply with the notice, the innocent party shall be entitled, without prejudice to its other legal rights or remedies (including the right to claim damages):
76.1 to cancel this agreement; or
76.2 to claim immediate performance and/or payment of all of the obligations of the breaching party then owing in terms of the agreement.
Termination
77. LF may need to terminate the agreement immediately if they or any of its Service Providers:
77.1 discontinue or stop providing the services offered by any of them;
77.2 if they believe that providing the Services or Product could burden or pose a RISK to any of
them;
77.3 if they have to terminate in order to comply with any Court Order or otherwise by law;
77.4 if they in their sole discretion determine that providing the particular Service or Product has
become impractical.
78. If LF or any of its Service Providers need to terminate for the reasons contemplated in this clause, they will give you as much notice as reasonably possible in writing.
79. YOU may terminate this Agreement with prior notice to LF or any of its Service Providers.
Effect of Termination
80. All amounts due to LF or any of its Service Providers become due and payable upon termination, cancellation, or expiration of this Agreement.
81. LF may provide you with post-termination assistance (such as data retrieval) subject to additional fees and conditions, but are not obliged to do so.
82. This clause does not create any expectation of continued service, agreement of renewal, or any further agreement between the parties.
83. LF and any of its Service Providers will stop providing services and you will no longer be able to access same.
84. LF may erase your data on termination, cancellation, or expiry of this Agreement.
Notices & Domicile
85. The parties hereby nominate the physical addresses contained in the description of the parties in clause 1 above as their dominium citandi et executandi for the giving of notices, the serving of legal process and any other purposes arising from this agreement.
86. Each party may change its chosen address to any other physical address in South Africa provided that such change shall only take effect ten days after such party has given written notice of the change to the other party.
General
87. This Agreement constitutes the whole agreement between the parties in relation to the subject matter hereof and no party shall be bound by any representations, warranties, undertakings or the like not recorded herein.
88. No addition to or variation, consensual termination or novation of this Agreement, and no waiver of any right arising from this Agreement or its breach or termination shall be valid or enforceable unless it is in writing and signed by all the parties or their duly authorized representatives.
89. No failure to enforce, or delayed or partial enforcement of a right by any party shall prejudice or derogate from the rights of such party under this Agreement, nor shall it constitute a waiver or novation of that party's rights under this Agreement and it shall not estop or otherwise prevent such party from enforcing at any time all his/her/its rights arising out of this Agreement.
90. In the implementation of this Agreement, the parties undertake to observe the utmost good faith.
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