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South Africa

 

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
  1. Fortunatus refers to the Close Corporation Fortunatus as well as the web site / domain www.paydayloans.co.za owned by the Close Corporation Fortunatus and include any part or element thereof;
  2. User means any person who enters or uses the Fortunatus web site, notwithstanding the fact that such a person only visited the web site;
  3. The Product of Fortunatus 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;
  4. ECT means the Electronic Communications and Transactions Act 25 of 2002;
  5. References herein to the singular includes the plural and vice versa.
2. Allowed use and licenses
  1. Content from the Fortunatusweb site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Fortunatus.
  2. Users may only access and use the Fortunatus web site for loan purposes.
3. Intellectual property rights and domain name use
All intellectual property on the Fortunatus 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 Fortunatus and as such,are protected from infringement by domestic and international legislation and treaties. All other rights on the Fortunatus web site are expressly reserved.
4. Software and Equipment
It is the responsibility of the User to acquire and maintain, at his or her own expense, the computer hardware, software, communication/data lines and webservices account to access the Internet and the Fortunatus web site.
5. Disclosures required by Section 43 of the ECT Act

  1. The full name and legal status of the web site owner : Fortunatus 2015/184936/07
  2. Street address : 98 BEYERS NAUDE AVENUE RUSTENBURG, 0299
  3. Postal address : PO BOX 152, Northam, 0360
  4. Physical address for receipt of legal service : LOUHEN, Shop 9A, SUN VILLAGE CENTRE, SUN CITY, 0316
  5. Main business: The main business of Fortunatus is micro-lending and all related activities
  6. The web site address is : http://www.paydayloans.co.za
  7. The official e-mail address of the Fortunatus web site is : info@paydayloans.co.za
  8. 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 2015/184936/07
  9. Codes of conduct to which the Fortunatus web site subscribes : Association of Micro Lenders (MLA)
  10. Management : E.Nel info@paydayloans.co.za
  11. The costs associated with the access and use of the Fortunatus web site are as follows :

    5.11.1 Access to web site is free
    5.11.2 Maintenance and support is free

  12. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding :

    5.12.1 access to the Fortunatus web site
    5.12.2 the inability to access the Fortunatus web site
    5.12.3 the services and content available from the Fortunatus 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
  13. Users are encouraged to print out and/or save this Terms and Conditions. Further information may be requested from Fortunatus at info@paydayloans.co.za.
  14. Security of this web site :
  15. User information – information required from Users are stored in a secure environment; and
  16. Payment information – Fortunatus does not handle payment information in any manner and Users are encouraged to request this information from their banks.
  17. Information on the products, services and time frames are available at the web site http://www.paydayloans.co.za.
  18. Users may lodge complaints concerning the Fortunatus web site or the Product with the Customer support Centre, the Advertising Standards Authority or the Consumer Affairs Committee.
  19. Fortunatus may be contacted at the following telephone numbers and e-mail addresses :

    5.17.1 Tel.: + (27) 083-27-88-299
    5.17.2 E-mail: info@paydayloans.co.za

    6. Changes and Amendments

    1. change these terms and conditions
    2. change the content and/or services available from the Fortunatus web site
    3. discontinue any aspect of the Fortunatus web site or service(s) available from the Fortunatus web site ; and/or
    4. change the software and hardware required to access and use the Fortunatus web site.
    7. Privacy
    1. Fortunatus 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
    2. Fortunatus 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

    3. Fortunatus 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 users consent, inform the User of facts relating to his or her access and use of the Fortunatus web site
      7.3.3 subject to the users consent, inform the User about competitions and special offers from Fortunatus and/or its partners/affiliates, and
      7.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Fortunatus web site.

    4. 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.
    5. Fortunatus may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions :

      7.5.1 Fortunatus shall not disclose personal information from Users unless the User consents thereto;
      7.5.2 Fortunatus shall disclose information without the users consent only through due legal process;
      7.5.3 Fortunatus may compile, use and share any information that does not relate to any specific individual; and
      7.5.4 Fortunatus owns and retains all rights to non-personal statistical information collected and compiled by Fortunatus.

    8. Security
    1. Fortunatus shall take all reasonable steps to secure the content of the Fortunatus web site and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Fortunatus does not make any warranties or representations that contents shall be 100% safe and secure.
    2. Fortunatus is under no legal duty to encrypt any content or communications from and to the Fortunatus web site and is also under no legal duty to provide digital authentication of any page on the Fortunatus web site.
    3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Fortunatus web site.
    4. Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Fortunatus reserves the right to claim damages from any and all persons concerned with a security failure or breach.
    5. 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 Fortunatus 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
    1. Subject to the provisions of section 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Fortunatus (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 Fortunatus web site
      9.1.2 access to web sites linked to the Fortunatus web site
      9.1.3 inability to access the Fortunatus web site
      9.1.4 inability to access web sites linked to the Fortunatus web site
      9.1.5 content available on the Fortunatus web site
      9.1.6 services available from the Fortunatus web site
      9.1.7 download, installation and use of any Product, and
      9.1.8 any other reason not directly related to Fortunatus gross negligence.

    2. The Fortunatus web site and the Product are supplied on an "as is" basis and have not been compiled to meet the users individual requirements. It is the responsibility of the User to satisfy him/herself, prior to entering into this agreement with Fortunatus, that the content, products and services available from and through the Fortunatus web site meet the users individual requirements and is compatible with the users computer hardware and/or software.
    3. Information, ideas and opinions expressed on the Fortunatus web site should not be regarded as professional advice or the official opinion of Fortunatus and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Fortunatus web site.
    4. This web site is directed at Users in the Republic of South Africa and therefore Fortunatus 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.
    5. Fortunatus sources content from various third parties and does not control the content provided by such third parties and Fortunatus only serves as an electronic distribution platform for such third party content. Therefore Fortunatus shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Fortunatus web site not created by Fortunatus or its employees.
    6. Fortunatus does not make any warranties or representation that content, any products and services available from the Fortunatus web site will in all cases be true, correct or free from any errors. Fortunatus shall take all reasonable steps to ensure the quality and accuracy of content available from the Fortunatus web site.
    7. Fortunatus does not make any warranties or representations that the Fortunatus web site and the Customer Support Centre will be available at all times. Users acknowledge that the Fortunatus web site may be unavailable due tot updates or other causes beyond the reasonable control of Fortunatus, including, but not limited to virus infection, power failure or other "acts of God".
    8. 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 Fortunatus web site to Fortunatus and Fortunatus 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
    1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Fortunatus right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Fortunatus web site or its staff and employees.
    2. 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 and Fortunatus agree that :
    1. 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 Fortunatus web site for the first time;
    2. data messages (as defined in the ECT act) addressed by the User to Fortunatus shall only be deemed to have been received if and when responded to;
    3. data messages (as defined in the ECT Act) addressed to the User by Fortunatus shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
    4. data messages (as defined in the ECT Act) addressed by the User to Fortunatus shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
    5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and AT- ONCE;
    6. the User agrees and warrants that data messages that are sent to Fortunatus was sent and/or authorized by the User personally.
    13. Applicable and Governing Law
    The Fortunatus 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 Fortunatus web site, its content, services and these terms and conditions.
    14. Legal Costs
    Fortunatus shall not be liable for cost incurred by Users to obtain professional advice relating to these terms and conditions.
    15. Entire agreement and severability
    1. This terms and conditions constitutes the entire agreement between Fortunatus and the User with regard to the use of the web site.
    2. Any indulgence or failure by Fortunatus to exercise or enforce any right or provision shall not be construed as a waiver of such right or provision.
    3. 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.
 
TERMS & CONDITIONS