TERMS AND CONDITIONS FOR USE OF CAPFIN ELECTRONIC SELF SERVICE TOOLS (NCRCP 74)
1. INTRODUCTION

1.1 These are the applicable Terms and Conditions (T&C) for Capfin a division of Century Capital (Pty) Ltd, when entering into transactions with Capfin through electronic devices, whether by IVR, mobile phone, internet, or other electronic means (“Self Service Tools”).

1.2 Please read these T&C carefully as it will govern Capfin’s relationship with you (“the User”).

1.3 These T&C are in addition to the Loan terms and conditions (“Loan T&C”) when credit is granted.

2. ACCEPTANCE OF TERMS

2.1 By accessing the Self Service Tools, you are deemed to have read, understood and agreed to these T&C.

2.2 If you do not accept these T&C, you may not continue to use the Self Service Tools.

2.3 Capfin may at any time modify any of these T&C without prior notice.

2.4 The amended T&C will be made available on the website (www.capfin.co.za), mobile website (capfin.mobi) and IVR (08735400IVR).

2.5 Each time you access the Self Service Tools, you agree to be bound by the updated T&C

3. CONTENT AND USE OF THE SELF SERVICE TOOLS

3.1 Capfin may implement authentication procedures to safeguard the User’s information when using the Self Service Tools.

3.2 If you choose or are issued with a personal identification code (“PIN”) or password as part of registration or security procedures, you must treat such PIN or password as confidential at all times. You are fully liable for all activities and transactions that occur under your PIN or password. You agree to immediately notify Capfin of any unauthorised use of your PIN or password and indemnify Capfin against any loss or damage arising from your failure to comply with this term. Capfin reserves the right to disable a password or PIN at any time for security reasons.

3.3 Your access to and/or use of the Self Service Tools is at your own risk.

3.4 All content related to the products and services featured on the Self Service Tools are based on the laws of South Africa unless expressly stated otherwise.

3.5 Your use of the Self Service Tools and any dispute arising from the use thereof is subject to the laws of South Africa to the exclusive jurisdiction of the courts of South Africa.

3.6 If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the T&C will have full force and effect.

3.7 Capfin may suspend or deny a User access to the Self Service Tools at any time.

3.8 No person or business may mirror any material or content contained on the Self Service Tools

3.9 No person or business may use any technology (including spiders or crawlers) to search and gain any information from the Self Service Tools.

4. INDEMNIFICATION

4.1 By accessing the Self Service Tools, you warrant to Capfin that you are legally entitled to do so.

4.2 If you apply for any of our products you warrant that you are legally authorised to apply for such products.

4.3 You undertake to provide Capfin with true, accurate and correct information at all times.

4.4 You further warrant you will not use the Self Service Tools for any purpose that is unlawful or prohibited under South African law or is in contravention of the T&C.

4.5 You hereby indemnify Capfin against any loss, liability, damage or expense of whatever nature which Capfin or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in these T&C.

5. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

5.1 Save as set out in the T&C, Capfin makes no warranties, representations, statements or guarantees (whether express or implied) regarding the Self Service Tools made available, therefore the Self Service Tools are available “as is” and “as available”.

5.2 Despite our best endeavours, Capfin cannot warrant non-infringement, compatibility, security and/or a virus-free environment.

5.3 Despite our best endeavours, Capfin does not warrant that the Self Service Tools will be constantly available or available at all.

5.4 Neither Capfin or its directors, employees or agents shall be responsible for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by a party as a result of or which may be attributable, directly or indirectly, to a party’s access and/or use of the Self Service Tools.

5.5 Without limiting the generality of the aforegoing, neither Capfin nor its directors, employees or agents shall be liable for any loss of income, loss of data, or any failure or unavailability of the Self Service Tools for any reason whatsoever, and/or the failure or delay by any third party service provider to render any service necessary to ensure the availability of the Self Service Tools.

5.6 Capfin undertakes to correct any fault in the Self Service Tools as soon as reasonably practical.

5.7 Accessing the Self Service Tools for credit merely constitutes an invitation by Capfin for you to make an application for credit. Capfin reserves the right not to accept a credit application for any reason whatsoever on notice to you.

5.8 Should Capfin accept your application for credit, the agreement is governed by the Loan terms and conditions and not by these T&C which is limited to the use of the Self Service Tools.

6. COPYRIGHT AND INTELLECTUAL PROPERTY

6.1 All intellectual property rights, title, interest and/or ownership in and to all data, material, text, drawings, logo’s, software and technical specifications made available through the Self Service Tools are owned by Capfin, or lawfully used by Capfin, and are protected by South African and/or international intellectual property laws.

6.2 Any unauthorised modifying, copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other exploitation of such protected items or any component thereof will be an infringement of the intellectual property rights of Capfin.

6.3 Nothing contained in the Self Service Tools should be construed as granting any licence or right to use any intellectual property without the prior written permission of Capfin.

7. PRIVACY POLICY

7.1 Your privacy is important to us, even if you are no longer a customer of ours.

7.2 All personal information will be kept in the strictest confidence as required by relevant legislation.

7.3 Capfin may use your personal information:

  • To enable you access to and use of the Self Service Tools; or
  • As provided for in the Loan T&C; or
  • For such purposes as prescribed by law.
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