1. These terms and conditions as amended from time to time ("the Terms and Conditions") govern your use of our website located at www.mfactors.co.za ("the Website"). They form a binding agreement between you and Merchant Commercial Finance (Pty) Ltd.

2. By accessing and using the Website, you confirm that you have read and understood these Terms and Conditions and that you agree to be bound by them. If you do not wish to be bound by the Terms and Conditions, you may not access or use the Website.

3. We reserve the right to amend these Terms and Conditions from time to time at our sole discretion and without notice to you. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website.

4. It is your obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued access or use of the Website following the posting of changes or updates will constitute acceptance on your part to abide by and be bound by these Terms and Conditions, including such changes or updates.

5. The Website refers to a variety of products and services offered by us from time to time. Such products and services will be subject to their own additional terms and conditions which will apply in addition to these Terms and Conditions

6. Any links on the Website to websites of other parties are provided for convenience only and shall not be regarded as an endorsement on our part of those websites, their owners or any information provided on those websites.

7. Accessing third party websites will be entirely at your own risk and you agree that we shall not be liable for any damage or loss, of whatever nature and howsoever caused, that you or your business may suffer as a result of your accessing such website from our Website.

8. The information and content contained on, or accessible from, the Website, is intended and produced for general information purposes only and should not be relied upon as specific advice of any kind (whether professional, financial, technical or otherwise) for your, or your business', individual requirements. Neither the content nor any services offered by us through the Website are intended to be relied upon as a professional diagnosis of your or your business' specific circumstances. Furthermore, the information contained on the Website may contain errors or inaccuracies may be incomplete and/or out of date, and you should make your own independent investigations as to the accuracy of such information.

9. While we make every effort to ensure that the content on the Website is accurate and free from errors, you hereby acknowledge that the Website is provided "as is" and that your use of and reliance on any of the information on the Website is at your sole risk.

10. We expressly do not warrant or represent (whether expressly or by implication) that the Website, functions, tools (such as calculators), information, advice, opinion, statement, content, software or online facilities will be error-free, accurate, complete, reliable, fit for purpose or of a particular quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. You are encouraged to notify us of any defects, errors or omissions on the Website, though we reserve the right, in our sole discretion, to correct any such defects, errors or omissions.

11. To the extent permissible by law and with reference to the Website and/or any aspect or feature thereof, we expressly make no representation or warranties (whether express or implied), as to, without limitation, availability, merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, quality and/or accuracy. While we take all reasonable steps to prevent this, we do not warrant that the Website and/or its server or any software available for download via the Website will be free of viruses or other harmful components and that no data will be lost.

12. You hereby agree that we shall not be liable for, and agree to indemnify us and our officers, directors, employees, affiliates, shareholders, contractors, agents and consultants against, any loss, damage or liability to you or any other person resulting directly or indirectly from your use of the Website, or any aspect thereof, or any other website accessible from the Website, or your inability to use the Website, or any aspect thereof, however such loss, damage or liability may occur and whether such loss or liability is financial, personal, consequential, incidental or otherwise.

13. Without derogating from the generality of the above, we will not be liable for:

• any interruption, malfunction, downtime or other failure of the Website or online services, our system, databases or any of its components, for reasons beyond our control;
• any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
• any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
• any event over which we have no direct control.

14. The Website contains and consists of works in which intellectual property rights exist, including, without limitation, trade marks, literary works and artistic works. We are the proprietors or authorised users of such intellectual property rights. All rights in and to such intellectual property rights are expressly reserved and nothing contained herein or on the Website shall be construed as granting a licence or right to use such intellectual property rights.

15. You are prohibited from copying, reproducing, displaying or in any other way using any intellectual property rights relating to the Website for any purpose or in any manner whatsoever without our prior written consent.

16. You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise ("linking") to the Website, or any of its subsidiary pages, without our prior written consent.

17. We reserve the right to make any changes to the Website, its content, or to products and/or services offered through the Website at any time and without notice.

18. We may, from time to time and without notice to you, suspend your access to part or the whole of the Website in the event of a technical failure, modification or maintenance of the software, hardware, equipment or infrastructure by means of which the Website is made available to you or for any reason whatsoever. In this regard you acknowledge that interruptions or suspensions may occur which might prevent or otherwise interfere with your access to or use of the Website, for which we will not be liable in any manner whatsoever.

19. As a result of your use of our Website, we will receive personal information relating to you. We are committed to the protection of your privacy and will take all reasonable steps to protect your personal information (as defined in the Promotion of Access to Information Act 2 of 2000 downloadable from here).

20. We voluntarily subscribe to s 51 of the Electronic Communications and Transactions Act (which may be downloaded from here) and endeavour to treat personal information received by us accordingly.

21. We will use your personal information for the purposes of identifying you, determining the extent of your use of our Website, compiling a profile of you, supplying you with any services you have requested and information relating thereto, providing you with any services you have requested and for sending you promotional material we consider to be of interest to you. You hereby provide us with your express written permission to collect, process and store your personal information for these purposes and also to share your personal information with our associated entities to enable them to send promotional material to you.

22. Your personal information will not be sold, divulged or made available to any third party except as mentioned herein and unless required or permitted by law.

23. You hereby permit us to monitor your internet and e-mail traffic on the Website for the purposes of enabling us to investigate and detect any unauthorised use of the Website and information technology systems, to secure the effective operation of the Website and information technology systems and generally to preserve the integrity and security of the Website and information technology systems.

24. If, at any point in time, you do not wish us to use or share your personal information with any associated entities, you may withdraw your consent.

25. Your personal information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the personal information and the specific purposes it was collected for. Personal information will be destroyed once it has become obsolete.

26. Should you require us to update any of your personal information that we hold, you may contact Renny Govender on (021) 4665244 or alternatively via email on rennyg@mfactors.co.za to do so.

27. While we will take all reasonable measures to protect your personal information, there may be instances out of our reasonable control where the confidentiality of your personal information may not be protected. In such instances you agree that you shall have no claim against us.

28. You give permission that if there is a change of ownership of our company in the future, that your personal information can be transferred to the new owner, provided that the new owner will not, in any way, dilute your rights and obligations regarding the personal information as set out herein that.

29. In the event of any complaint relating to our Website or any of our online services, you may communicate your complaint to us via email on the address administrator@mfactors.co.za.

30. The Website is controlled, operated and administered by us from within the Republic of South Africa. We make no representation that the Website or any aspect thereof is appropriate, lawful or available for use in other territories. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. You may not use this Website in violation of South African laws and regulations.

31. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute.

32. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between us and you with regard to the use of the Website.

33. We choose as our domicilium citandi et executandi for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature,

6th Floor Merchant House
116/118 Buitengracht Street
Cape Town
8001