THESE TERMS AND CONDITIONS WILL BE APPLICABLE TO YOUR USE OF AND ACCESS TO THE WEBSITE (AS DEFINED IN SECTION 1 BELOW). THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF THE COMPANY (AS DEFINED IN SECTION 1 BELOW) AND IMPOSES LEGAL OBLIGATIONS ON YOU. BY ACESSING AND/OR USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF PARAGRAPHS 8 THROUGH TO 14. IT IS SUGGESTED THAT YOU PRINT A COPY OF THESE TERMS AND KEEP IT FOR YOUR RECORDS.
- When accessing the website located at www.mfactors.co.za ("the Website"), you enter into a legally binding contract with Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors ("the Company") upon the terms of these terms and conditions ("the Terms and Conditions").
- 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 must not access or use the Website.
- Amendments to Terms
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.
- 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.
- Products and services referred to on the Website
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
- Links to other websites
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.
- The Website and the content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to the Company or our products and/or services. If you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and other policies.
- 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 Third Party Website from our Website.
- Website content and Disclaimer
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 individual or business 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 individual or your business's specific circumstances. Furthermore, the information contained on the Website may contain errors or inaccuracies or may be incomplete and/or out of date, and you should make your own independent investigations as to the accuracy of such information.
- 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.
- We do not, whether expressly or impliedly, warrant or represent that the Website or any aspect or feature thereof, including any functions, tools (such as calculators), information, advice, opinions, statements, content, software or online facilities ("Website Content") will be error-free, accurate, complete, reliable, fit for purpose or of a particular quality. You acknowledge that any reliance upon the Website or any Website Content shall be at your sole risk. You are encouraged to notify us of any defects, errors or omissions on the Website or in the Website Content, though we reserve the right, in our sole discretion, to correct any such defects, errors or omissions.
- To the extent permissible by law and with reference to the Website and/or any of the Website Content, 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, Website Content 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.
- 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 Website Content), or any other website accessible from the Website, or your inability to use the Website or Website Content, however such loss, damage or liability may occur and whether such loss or liability is financial, personal, consequential, incidental or otherwise.
- 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.
- All rights and/or defences afforded to us in these Terms and Conditions shall stand to the benefit of our affiliates and group companies.
- Copyright and Intellectual Property Rights
The Website contains and consists of works in which intellectual property rights exist, including, without limitation, trade marks, and copyrights (such as 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.
- 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.
- 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.
- Changes to and suspension of Website
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.
- 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.
- Personal Information and Privacy
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 Electronic Communications and Transactions Act 25 of 2000) ("ECTA") and/or any other legislation in South Africa governing the processing of personal information from time to time (collectively, "Data Privacy Laws").
- We voluntarily subscribe to section 51 of ECTA and endeavour to treat personal information received by us in accordance with ECTA and/or any Data Privacy Laws.
- To the extent permissible by law, we will use your personal information for the purposes of: identifying you,; (i) determining the extent of your use of our Website;, (ii) compiling a profile of you;, (iii) providing or supplying you with any services you have requested and information relating thereto;, and (iv) sending you promotional material we consider might be of interest to you. You hereby provide us with your express permission to collect, process and store your personal information for the purposes and also to share your personal information with our associated entities to enable them to send promotional material to you. We will obtain your further express content for any direct marketing activities where this is required by any Data Privacy Laws.
- Other than as contemplated in these Terms and Conditions, we will not disclose, divulge, sell, rent or make available your personal information to third parties without your consent, unless we are compelled to do so by law. We may do so if you have granted consent thereto.
- 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.
- If, at any point in time, you do not wish us to use or share your personal information with any associated entities or third parties, you may withdraw your consent.
- 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.
- Should you require us to update any of your personal information that we hold, you may contact us on (021) 4665244 or alternatively via email on email@example.com to do so.
- Whilst all reasonable efforts and measures are taken to ensure that your personal information are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us and there may be instances out of our reasonable control where the confidentiality of your personal information may not be protected. In such instances, to the extent permissible by law, you agree that you shall have no claim against us.
- 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.
- Complaints and Disputes
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 firstname.lastname@example.org.
- Governing law
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.
- 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.
- 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.
We choose the following address as our domicilium citandi et executandi (that is, the place at which we shall accept service of legal process) for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Merchant Place, 55 Loop Street, Cape Town, 8001