IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING, AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THIS WEBSITE, WEB PAGES, OR ANY PART THEREOF.
Welcome to the FinYou website – Please take a moment to read our terms and conditions. It is your responsibility to familiarize yourself with regards to same and if you do not agree with our terms and conditions do not use our website, as it is presumed that you accept the terms and conditions if you proceed to utilize our website. We do reserve the right to change or amend our terms and conditions from time to time, so trust that you will have read and accepted the latest version of our terms and conditions whenever you choose to visit our website.
Whilst we take all reasonable steps to ensure that the information on our website is maintained correctly, we cannot, however, accept liability for any information or data that has not been supplied to ourselves incorrectly.
Furthermore, our information or data on our website may contain technical and typographic errors and FinYou, its third party suppliers and/or agents cannot be held liable for such errors, regardless of the origin of such error.
FinYou will take all such steps, and precautions to ensure that our services are running continuously but our services might be offline due to routine maintenance, upgrades and other required events and accordingly FinYou will not be liable, and disclaims all liability for any interruptions, downtime, and other suspension of our services as a result, inter alia, of services that are provided to us by third parties, Telkom, Eskom, Internet Service Providers, Local Authorities, Third Party Software or Agents, or any other party over which FinYou has no direct control over.
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, FinYou (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
access to this Website;
access to websites linked to this Website;
inability to access this Website;
inability to access websites linked to this Website;
content available on this Website;
services available from this Website;
downloads and use of content from this Website; and/or
any other reason not directly related to FinYou’ gross negligence.
This Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with FinYou, that the content available from and through this Website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of FinYou and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on this Website;
FinYou does not make any warranties or representation that content and services available from this Website will in all cases be true, correct or free from any errors. FinYou shall take all reasonable steps to ensure the quality and accuracy of content available from this Website; and
You shall only use the website for its intended person and may not reproduce, transfer, publish, assign, distribute, disseminate, sub-licence, sell, loan, rent or otherwise make the information available to any third party, or create any Derivative Work;
Likewise you shall not permit others to translate, adapt, modify, decompile, reverse engineer, create Derivative Works from or disassemble any component of our Database, the Data, our information, the Interfaces, or Applications;
You shall not be entitled to Use the information obtained from our website for any unlawful purpose, nor permit any third party to tamper with, copy, recompile, sell and redistribute the information or our data without the prior consent of FinYou, who shall be entitled to withhold such consent;
The caching of this Website shall only be allowed if:
The purpose of the caching is to make the onward transmission of the content from this Website more efficient;
The cached content is not modified in any manner whatsoever;
The cached content is updated at least every 12 (twelve) hours; and
The cached content is removed or updated when so required by FinYou.
If any User uses content from this Website in breach of the provisions detailed herein:
FinYou reserves the right to claim damages from the User;
FinYou reserves the right to institute criminal proceedings against the User; and
FinYou shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
FinYou shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Persons that wish to link to content beyond the home page of this Website shall do so at their own risk and indemnify FinYou against any loss, liability or damage that may result from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. FinYou non-liability for deep linking is based on the fact that deep links bypass these terms and conditions;
E-mail addresses, names, telephone numbers, and fax numbers published on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this Website may be used to communicate unsolicited communications to FinYou and all rights detailed in Section 45 of the ECT Act are reserved; and
All licenses and/or permissions granted in terms hereof are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by FinYou at any time without prior notice or giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property on this Website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to FinYou and as such, are protected from infringement by domestic and international legislation and treaties.
No person may use logos, icons, or trade marks from this Website as hyperlinks or other purposes without FinYou’s prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this Website and/or download content from this Website.
5. CHANGES AND AMENDMENTS
FinYou reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
change these terms and conditions;
change the content and/or services available from this Website;
discontinue any aspect of this Website or service(s) available from this Website; and/or
change the software and hardware required to access and use this Website.
7. COMPLIANCE TO THE CONSUMER PROTECTION ACT
FinYou has hereby opted to comply with the Consumer Protection Act 68 of 2008 (“CPA”) which references, in part, other legislation. Having regard to the above, we draw your attention to the following as set out in section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”):
Full name and legal status: FinYou Commercial Finance (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;
Registration number: 2018/41311907;
Place of registration: Gauteng, South Africa;
Registered physical address: 24 Sturdee Avenue, Rosebank, 2196;
Physical address for receipt of legal service of documents (“registered office”): 24 Sturdee Avenue, Rosebank, 2196;
Telephone number: 011 568 4911;
Web site addresses: www.finyoucommercial.com;
E-mail address: firstname.lastname@example.org;
Membership of codes of conduct: FinYou is not legally obliged to subscribe to any codes of conduct in particular but with legal assistance ensures compliance with the applicable legislative requirements;
Description of the main characteristics of the service(s) offered by FinYou: the company’s main business object is to host services to merchants and end users in which it assistants applicants, clients and / or online users in obtaining financing for various products or services.
Manner of payment: electronically or by credit card;
The terms of the agreement: the terms of the agreement between yourself and FinYou is governed by these terms. FinYou makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to you or any part thereof;
Time within which the service(s) will be delivered: as soon as is reasonably possible after FinYou accepts to comply with your order;
Return and refund policy: by nature of the service(s), no information provided to you by FinYou may be returned, and no monies paid by you to FinYou in respect of the service/s will be refunded to you, unless it is established to the satisfaction of FinYou that the service/s were in fact not provided by FinYou;
Cooling-off period: in terms of section 42(2)(f)(iii) of ECT Act, no cooling-off period applies in respect of any service/s ordered via the website, as the information ordered and delivered to you by FinYou cannot, by its nature, be returned;
8. COMPLIANCE TO THE NATIONAL CREDIT ACT
FinYou, is not specifically bound by the provisions of the National Credit Act as it does not operate as a financial institution nor a credit bureau but merely collates customer information but nonetheless has opted to comply with the following provisions:-
Maintenance and retention of customer credit information by credit bureaus
Records of customer credit information must be maintained in accordance with the following standards:
identified by the customers identity number or business registration number, or where no identity number or business registration number is available for a particular person or company, any other reasonable method to identify the record;
collected, processed and distributed in a manner that ensures that the records remain confidential and secure;
protected against accidental, unlawful destruction and unlawful intrusion;
protected against loss or wrongful alteration, and
protected against unauthorized disclosure or access by any unauthorized person.
This Agreement, including any and all documents referenced herein, constitute the entire agreement between FinYou and the user. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the prevailing laws of South Africa.
10. AGREEMENT BY USER AND FINYOU:
the User shall be bound to these terms and conditions at the time the User enters this Website for the first time;
data messages (as defined in the ECT Act) addressed by the User to FinYou shall only be deemed to have been received if and when responded to;
data messages (as defined in the ECT Act) addressed to the User by FinYou shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
data messages (as defined in the ECT Act) addressed by the User to FinYou shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and FinYou; and
the User agrees and warrants that data messages that are sent to FinYou from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorized by the User personally.