Personal Loans | Secured Personal Finance

Terms & Conditions

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THIS WEB SITE AND ANY PART THEREOF IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

1. Definitions and Interpretations

AT-ONCE refers to the Close Corporation AT-ONCE E-COMMERCE CC as well as the web site / domain www.paydayloans.co.za owned by the Close Corporation AT-ONCE E-COMMERCE and include any part or element thereof;
User means any person who enters or uses the AT-ONCE web site, notwithstanding the fact that such a person only visited the web site;
The Product of At-ONCE is to loan a qualifying Borrower an amount of money the Borrower has chosen as was defined and described in the Loan Agreement on the website www.paydayloans.co.za;
ECT means the Electronic Communications and Transactions Act 25 of 2002;
References herein to the singular includes the plural and vice versa.

2. Allowed use and licenses

Content from the AT-ONCEweb site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of AT-ONCE.
Users may only access and use the AT-ONCE web site for loan purposes.

3. Intellectual property rights and domain name use

All intellectual property on the AT-ONCE web site, including but not limited to content,trademarks, domain names, patens, design elements, software, databases, text,graphics, icons and hyperlinks are the property of or licensed to AT-ONCE and as such,are protected from infringement by domestic and international legislation and treaties. All other rights on the AT-ONCE web site are expressly reserved.

4. Software and Equipment

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, communication/data lines and webservices account to access the Internet and the AT-ONCE web site.

5. Disclosures required by Section 43 of the ECT Act

The full name and legal status of the web site owner : AT-ONCE E-COMMERCE CC 2004/043608/23
Street address : 98 BEYERS NAUDE AVENUE RUSTENBURG, 0299
Postal address : PO BOX 2807, SUN CITY, 0316
Physical address for receipt of legal service : LOUHEN, Shop 9A, SUN VILLAGE CENTRE, SUN CITY, 0316
Main business: The main business of AT ONCE is micro-lending and all related activities
The web site address is : http://www.paydayloans.co.za
The official e-mail address of the AT ONCE web site is : info@paydayloans.co.za
Membership of self-regulatory or accreditation bodies : Micro Finance Regulatory Council, an association incorporated under Section 21 of the Companies Act 61 of 1973, registration number 98/24305/08
Codes of conduct to which the AT-ONCE web site subscribes : Association of Micro Lenders (MLA)
Management : G Brough 014 55 21123 info@paydayloans.co.za
The costs associated with the access and use of the AT-ONCE web site are as follows :
5.11.1 Access to web site is free
5.11.2 Maintenance and support is free
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding :
5.12.1 access to the AT-ONCE web site
5.12.2 the inability to access the AT-ONCE web site
5.12.3 the services and content available from the AT-ONCE web site; or
5.12.4 these terms and conditions
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Rustenburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be download from the following web site : http://www.arbitration.co.za
Users are encouraged to print out and/or save this Terms and Conditions. Further information may be requested from AT-ONCE at info@paydayloans.co.za.
Security of this web site :
User information – information required from Users are stored in a secure environment; and
Payment information – AT-ONCE does not handle payment information in any manner and Users are encouraged to request this information from their banks.
Information on the products, services and time frames are available at the web site http://www.paydayloans.co.za.
Users may lodge complaints concerning the AT-ONCE web site or the Product with the Customer support Centre, the Advertising Standards Authority or the Consumer Affairs Committee.
AT-ONCE may be contacted at the following telephone numbers and e-mail addresses :
5.17.1 Tel.: + (27) 014 552 1123
5.17.2 Fax:+(27) 014 552 1689
5.17.3 E-mail: info@paydayloans.co.za

6. Changes and Amendments

change these terms and conditions
change the content and/or services available from the AT-ONCE web site
discontinue any aspect of the AT-ONCE web site or service(s) available from the AT-ONCE web site ; and/or
change the software and hardware required to access and use the AT-ONCE web site.

7. Privacy

AT ONCE shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from : http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
AT ONCE may among others electronically collect, store and use inter alia the following personal information of Users :
7.2.1 name and surname
7.2.2 birth date
7.2.3 gender
7.2.4 address
7.2.5 contact numbers
7.2.6 non-personal browsing habits and click patterns
7.2.7 e-mail address
7.2.8 IP address
7.2.9 User selected password
AT-ONCE collects, stores and uses the abovementioned information for the following purposes :
7.3.1 providing the Product, support and services to the User
7.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the AT-ONCE web site
7.3.3 subject to the User's consent, inform the User about competitions and special offers from AT-ONCE and/or its partners/affiliates, and
7.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the AT-ONCE web site.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users shall determine cookie use independently through their browser settings.
AT-ONCE may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions :
7.5.1 AT-ONCE shall not disclose personal information from Users unless the User consents thereto;
7.5.2 AT-ONCE shall disclose information without the User's consent only through due legal process;
7.5.3 AT-ONCE may compile, use and share any information that does not relate to any specific individual; and
7.5.4 AT-ONCE owns and retains all rights to non-personal statistical information collected and compiled by AT ONCE.

8. Security

AT-ONCE shall take all reasonable steps to secure the content of the AT-ONCE web site and the information provided by and collected from Users from unauthorized access and/or disclosure. However, AT-ONCE does not make any warranties or representations that contents shall be 100% safe and secure.
AT-ONCE is under no legal duty to encrypt any content or communications from and to the AT-ONCE web site and is also under no legal duty to provide digital authentication of any page on the AT-ONCE web site.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the AT-ONCE web site.
Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and AT ONCE reserves the right to claim damages from any and all persons concerned with a security failure or breach.
Any user who commits any of the offences detailed in sections 85 and 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by AT-ONCE and its partners/affiliates. The ECT Act may be downloaded from : http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf.

9. Disclaimer and Limitation of Liability

Subject to the provisions of section 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, AT-ONCE (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
9.1.1 access to the AT-ONCE web site
9.1.2 access to web sites linked to the AT-ONCE web site
9.1.3 inability to access the AT-ONCE web site
9.1.4 inability to access web sites linked to the AT-ONCE web site
9.1.5 content available on the AT-ONCE web site
9.1.6 services available from the AT-ONCE web site
9.1.7 download, installation and use of any Product, and
9.1.8 any other reason not directly related to AT-ONCE's gross negligence.
The AT-ONCE web site and the Product are supplied on an "as is" basis and have not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy him/herself, prior to entering into this agreement with AT-ONCE, that the content, products and services available from and through the AT-ONCE web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
Information, ideas and opinions expressed on the AT-ONCE web site should not be regarded as professional advice or the official opinion of AT-ONCE and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the AT-ONCE web site.
This web site is directed at Users in the Republic of South Africa and therefore AT-ONCE shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
AT-ONCE sources content from various third parties and does not control the content provided by such third parties and AT ONCE only serves as an electronic distribution platform for such third party content. Therefore AT ONCE shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the AT ONCE web site not created by AT ONCE or its employees.
AT-ONCE does not make any warranties or representation that content, any products and services available from the AT-ONCE web site will in all cases be true, correct or free from any errors. AT-ONCE shall take all reasonable steps to ensure the quality and accuracy of content available from the AT-ONCE web site.
AT-ONCE does not make any warranties or representations that the AT-ONCE web site and the Customer Support Centre will be available at all times. Users acknowledge that the AT-ONCE web site may be unavailable due tot updates or other causes beyond the reasonable control of AT-ONCE, including, but not limited to virus infection, power failure or other "acts of God".
Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to the presented Product.

10. Removal and Correction of Content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the AT-ONCE web site to AT-ONCE and AT-ONCE undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

11. Interception of Communications

Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to AT-ONCE's right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the AT-ONCE web site or its staff and employees.
Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User satisfies the "writing" requirement.

12. Agreement in terms of Section 21 of the ECT Act

the User shall be bound to the terms and conditions referred to in this agreement and that this agreement is concluded in Rustenburg at the time the User enters the AT-ONCE web site for the first time;
data messages (as defined in the ECT act) addressed by the User to AT-ONCE 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 AT-ONCE 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 AT-ONCE shall be deemed to have been created and send 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 AT- ONCE;
the User agrees and warrants that data messages that are sent to AT-ONCE was sent and/or authorized by the User personally.

13. Applicable and Governing Law

The AT-ONCE web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the User or inability to use the AT-ONCE web site, its content, services and these terms and conditions.

14. Legal Costs

AT-ONCE shall not be liable for cost incurred by Users to obtain professional advice relating to these terms and conditions.

15. Entire agreement and severability

This terms and conditions constitutes the entire agreement between AT-ONCE and the User with regard to the use of the web site.
Any indulgence or failure by AT-ONCE to exercise or enforce any right or provision shall not be construed as a waiver of such right or provision.
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

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