TERMS AND CONDITIONS

Introduction

Fincorp Solutions (Pty) Ltd (“Fincorp Solutions”), a private company registered in the Republic of South Africa, is in the final stages of becoming a registered credit provider (Application Number CP940), whose primary business is assisting customers with poor credit records to obtain access to home loans.

Purpose, scope, and objectives

These terms and conditions relate to the access and use of the Fincorp Solutions website (www.fincorpsolutions.co.za), hereinafter referred to as the “website,” as well as any Fincorp Solutions software applications or self-service portals.

Ownership of the website and applications

The Fincorp Solutions website is owned by Fincorp Solutions (Pty) Ltd, with its registered address at Unit B1, First Floor, Sitari Main Gatehouse Office Park, Block B, Sitari Country Estate, Croydon, Cape Town, 7130.  All of our rights and/or defences as set out in this document shall be for the benefit of our company.

Content of the website and applications

4.1  While Fincorp Solutions makes every effort to update the information provided on the website and/or on software applications regularly, Fincorp Solutions makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website.

4.2 These terms and conditions may be amended from time to time, in the sole discretion of Fincorp Solutions, without notification.

4.3  Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available on the website and/or software applications to Fincorp Solutions.  Fincorp Solutions, in turn, 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.

Use of the website and applications

5.1  The use of this website, applications, or self-service portals together with the content contained therein is provided as is, and although Fincorp Solutions endeavors to provide accurate information, we cannot provide any guarantees in this regard.

5.2 The terms and conditions set out in this document are binding and legally enforceable against any person who accesses or uses the Fincorp Solutions website, software applications, or self-service portals.

5.3  By using this website, software applications, or self-service portals, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

5.4  Users may view, download, or print information that is available on our website, software applications, or self-service portals, provided it is done for personal use and not for commercial purposes.

5.5  Users may not use our website, software applications, or self-service portals for (including, but not limited to) illegal, offensive, nuisance, or damaging purposes; or to create, store, or send unsolicited communications.

5.6  The creation of any links to our website from any other site whatsoever is strictly prohibited. Any links created will be reported to the applicable regulatory body.

5.7  Users may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website, Fincorp Solutions software applications, self-service portals, or its content.

5.8  Users may not use any robot, spider, web crawlers, other automatic software or device, or manual process to monitor, search, or copy our website, software applications, or self-service portals or their content without the prior written permission from Fincorp Solutions.

5.9  Users may not use this website, Fincorp Solutions software applications, or self-service portals to transmit any false, misleading, fraudulent, or illegal communications.

5.10  We reserve the right to restrict your use and access to our website, software applications, or self-service portals, or part thereof, in the event of any unauthorised use.

5.11 Our website, software applications, or self-service portals were designed to simplify applying for loans and other financial products for our clients.  In order to provide our clients the best service, we need to protect ourselves and our clients, which is the primary reason for these terms and conditions.

5.12  Please do not use our website, software applications, or self-service portals if you do not agree to be bound by these terms and conditions.

Intellectual property

6.1  The content on this website, software applications, or self-service portals is for your personal use only and not for commercial exploitation.

6.2  You agree to use the website, software applications, or self-service portals for the purpose created only and not abuse any of Fincorp Solutions’s rights in terms of intellectual property infringements.

6.3  Copyright and trademark rights may subsist in some or all of the content on our website, software applications, or self-service portals.

6.4  Unauthorised use, reproduction, copying, dissemination, modification, and/or distribution is strictly prohibited and constitutes an infringement of our intellectual property rights.

Third-party content

7.1  External hyperlinks may appear on our website from time to time.  This does not imply that there is any relationship between us and any linked third party, nor do we necessarily endorse any such third party, its products and/or services, or the security of their website.  By using the link, you do so entirely at your own risk.

7.2  Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services.  Unless the information originates from us, your reliance on any information contained in such material is entirely at your own risk.

Processing of personal information

8.1  Fincorp Solutions deals with your personal information only as directed by you and in accordance with the Protection of Personal Information Act 4 of 2013.

8.2  By submitting your personal information in any form, whether on our website, software application, or self-service portal, you agree that we may use your information for purposes of processing your request or application.  This includes but is not limited to verifying your identity number with the Department of Home Affairs, performing a credit check, and/or performing a criminal check.

8.3  You agree to receive communication via email, SMS, WhatsApp, and other Fincorp Solutions digital portals or applications for purposes of verification, application processing, and further communication regarding your application, profile, and related products and services.

Alternative dispute resolution

9.1  Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by us, applying the rules of the Arbitration Foundation of South Africa.

9.2  For any complaints, please refer to the Fincorp Solutions Complaints Policy, available at www.Qwikfinance.co.za

Limitation of liability

10.1  When you use our website, software applications, or self-service portals, you do so entirely at your own risk.

10.2  We do not warrant that the functions provided by the website, software applications or self-service portals will be uninterrupted or error-free, or that the website, software applications, or self-service portals or the server that makes it available is free from viruses or other harmful components.

10.3  Fincorp Solutions shall not be held liable, in any manner whatsoever, for any damage or loss sustained by you, or a third party, arising out of your access or use of our website, or reliance on any information contained thereon.

Jurisdiction

This agreement is governed by the laws of the Republic of South Africa, irrespective of whether or not you are South African or are accessing our website outside of the Republic of South Africa

General

12.1  Fincorp Solutions shall be entitled to cede, assign, and delegate all or any of its rights and obligations in terms of these terms and conditions without notice to you.

12.2  If any provision of these terms and conditions which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness, or for any reason whatever, shall, only to the extent that it is so unenforceable, be treated as not having been written and the remaining provisions of these terms and conditions shall remain in full force and effect.

Terms and conditions with regard to loans

All terms and conditions relating to a loan application or loan agreement are contained on the Fincorp Solutions loan document (i.e., quotation, application) and should be read carefully.  Should any of the terms and conditions regarding loans be unclear, please contact us for assistance.