TrueCred terms and conditions and disclaimer

This is the website of TrueCred (Pty) Limited, (TrueCred, us, our, we"), a private company registered in the Republic of South Africa. TrueCred is a registered credit provider. You can contact us regarding this website by email, at [email protected] TrueCred provides the information contained in this website and the pages comprising the website, and advertises and offers the services advertised on this website from time to time ("service/s") to users ("you"), subject to the terms and conditions set out herein ("the terms"). Please read these terms, together with our Privacy Policy carefully, they will govern our relationship with you in relation to your use of www.TrueCred.co.za ("the website") and will constitute an ongoing binding agreement between TrueCred and yourself.

Terms of Use/Privacy Policy

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs TrueCred's relationship with you. If you disagree with any part of these terms and conditions, please do not use our website. It is the responsibility of the user to read the sections below and to ensure that they fully understand the conditions, and by no means will TrueCred or any representative of TrueCred be held accountable for failure by a user to do so. If you have queries or you are unsure of the content, please feel free to contact us before you commence any activity on the website. Also note that accessing each product adds further unique terms and conditions that impacts your relationship with TrueCred. TrueCred promotes responsible lending, please do not expose yourself to credit if you know you cannot afford it.

Terms of Use

Definitions and Interpretation.

For purposes of the Terms: "Terms" means these terms, consisting of: 1. these terms of use; and 2. any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of this web site); “TrueCred” means TrueCred (Pty) Ltd; “Visitor” or “you” means any person who visits this web site. Interpretation. A word defined or assigned a meaning in the Terms will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Terms. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Terms will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated in the Terms, when any number of days is prescribed in the Terms the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. Central African Time or GMT +2 will be used to calculate any times. Conflict. If there is a conflict of meaning between these terms of use and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of the web site. About TrueCred. This web site is owned, managed, and administered by TrueCred. TrueCred is fully compliant with the credit legislative requirements of South Africa and promotes responsible lending. TrueCred also strives to provide superior administration and management of client accounts. Use of the site. License to use this web site. TrueCred grants each Visitor a limited, revocable license to use this web site subject to the Terms. Any person wishing to use this web site contrary to the Terms must obtain TrueCred's prior written consent. The information offered on this web site is for the Visitor’s guidance only. The information offered is for quotation purposes only, and is subject to change on final submission of an application. TrueCred has taken every care to ensure that the information provided on this web site is reliable by using sources we believe to be accurate. However, the accuracy of the information (including rates, fees, and charges), cannot be guaranteed. Sufficient particulars. In order for TrueCred to provide a Visitor with appropriate advice and / or quotations on products, it is important that a Visitor provides TrueCred with sufficient particulars of their financial affairs. Failure to make a full disclosure could result in TrueCred’s advice being compromised and may result in a Visitor thus making a financial commitment to a product inappropriate to their needs and objectives. Framing. No person, business, or web site may frame this web site or any of the pages on this web site. Linking. Visitor(s) may link to the web site only by linking to the home page of this web site. TrueCred prohibits Visitor from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Visitor by TrueCred or suggests a Visitor is the owner of any intellectual property belonging to TrueCred. Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this web site. Modify. TrueCred may modify, suspend, or discontinue the provisioning of this web site to the public (with or without notice) and will not be liable for any claims. Furthermore TrueCred also reserves the right to modify the terms and conditions that govern the relationship with users (with or without notice) and will not be liable for any claims that result in terms of such a change. Capacity of Customer. Each Visitor represents and warrants that Visitor : 1. is old enough under applicable law to enter into the Terms; 2. possesses the legal right, full power, and authority to enter into the Terms; 3. will submit true, accurate and correct information to TrueCred and this web site. If Visitor is younger than 18 years of age, the visitor warrants that the Visitor has the consent of its legal guardian to enter into the Terms or that the Visitor has obtained legal status in another manner.

Privacy Policy

Introduction. TrueCred respects the privacy of each Visitor. TrueCred has established this Privacy Policy to explain how Data is collected by TrueCred, and how this Data is used and disclosed. TrueCred takes the protection of Personal Information very seriously. TrueCred may process (for example, collect, use or disclose) Personal Information only as described in this Privacy Policy. Collection. Collection on use. Once a Visitor visits this web site, a Visitor is not anonymous to TrueCred. When visiting, each Visitor provides Data, which may include an ID number, a contact number, a street address, and an email address. TrueCred may also record the IP address of a Visitor when adding Data. Children. TrueCred does not intentionally gather Personal Information about visitors who are under the age of 13. Collection from browser. TrueCred automatically receives and records information on TrueCred’s server logs from the browser of a Visitor, including an IP address, TrueCred cookie information, and the page requested. Each Visitor should be aware that other web sites visited before entering the web site might place Personal Information within a URL of a Visitor during a visit to it, and TrueCred has no control over such web sites. Accordingly, a subsequent web site that collects URL information may log some Personal Information. Use. Messages and updates. TrueCred may send to a Visitor administrative messages and email updates regarding the web site, or its Services. In some cases, TrueCred may also send a Visitor, primarily promotional, messages. A Visitor can choose to opt-out of promotional messages. Cookies. Personal Information may be used to improve the web site. TrueCred may use cookies to save the session validators of a Visitor on its browsers and hard drives, and may use cookies to provide a tailored web site. IP addresses also help TrueCred to diagnose problems with and to administer the web site. Updating or Removing. A Visitor may choose to correct or update the Data they have submitted to TrueCred, by notifying TrueCred. The client area also provides the user with an interface where details can be updated. If details change that impact the collectability or contractibility for an active product the client is responsible for contacting TrueCred to ensure that the correct details are present on the system. Unauthorised Use. Any unauthorised use of TrueCred information systems is a violation of the Agreement and certain laws, including the section 86 of the ECT Act. Such violations may subject the person to civil and criminal penalties. Use of the services of this website is limited to residents of South Africa or any individual residing in South Africa with the proper clearance documentation and temporary identification documentation. Intercept and Monitor. TrueCred may intercept, monitor, block, filter, read, delete, and disclose any communication over its information system. This includes, but is not limited to the tracking of user Internet Protocol addresses (IP Addresses) and users agree that TrueCred may request their personal information from their Internet Service Provider for whatever reason the site sees fit in order to ensure a safe and trusted relationship with the user. Limitation. TrueCred is not responsible for, gives no warranties, nor makes any representations in respect of the privacy policies or practices of linked or any third party web sites. TrueCred information systems is provided to users and used by TrueCred “as is” without warranty of any kind, either expresses or implied, including but not limited to the implied warranties of merchantability and/or fitness for a particular purpose. TrueCred cannot be held liable for any mistakes that arise from use of the information systems that govern the administration of products including but not limited to the unintentional disclosure of personal information. Transfer Across Borders. TrueCred may transmit or transfer Personal Information outside the resident jurisdiction of the Visitor and therefore across borders. Personal Information may be processed by TrueCred in the country where it was collected as well as other countries where laws regarding processing of Personal Information may be less stringent. Disclosure. Marketing purposes. TrueCred may disclose aggregate statistics (information about the customer population in general terms) about the Data to advertisers or business partners. Third party supplier or agents. TrueCred may need to provide Data to a third party supplier to supply or provide specific Services to a Visitor (such as providing a quote or contacting a Visitor). Each third party supplier is required to only disclose or use the Data to supply or provide the specific Services requested. Law enforcement. TrueCred may disclose Data if required: by a subpoena or other legislative or administrative order by law; to protect the safety of any individual or the general public; to prevent violation of the Agreement, or the rights of TrueCred or any third party. An IP address may be disclosed to a third party: if the law or a legal process requires it; to protect the rights or property of TrueCred, a Visitor, or the general public. Affiliates. TrueCred may share Data with an Affiliate, in which case TrueCred will seek to require the Affiliates to abide by this Privacy Policy. Change of ownership. If TrueCred undergoes a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, TrueCred may assign its rights to the Data it processes to a successor, purchaser, or separate entity. TrueCred will notify each Visitor of the transfer and the Visitor may choose to modify its Personal Data at that time. If a Visitor is concerned about its Data migrating to a new owner, the User may deactivate or delete its account. Employees. TrueCred may need to disclose Data to its employees that require the Data to do their jobs. Abuse. TrueCred may disclose Data to designated third parties to resolve or investigate abuse complaints. TrueCred may release Data to assist in attempting to block an abusive Visitor or complain to its Internet Service Provider of an abusive Visitor. Security of Data. TrueCred uses some of the most advanced security measures to protect the Data under its control. All Data is safe, secure, and available only to the Visitor and those to whom Visitor has granted permissions. In addition, the web site is hosted in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. Enquiries. If anyone has any questions or concerns arising from this Privacy Policy or the way in which TrueCred handles Personal Information, please contact TrueCred. Save as set out in the terms, TrueCred makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided "as is". TrueCred does not make any warranty or representation that information and service/s advertised on the website are appropriate for use in any jurisdiction. To the fullest extent possible by law, TrueCred expressly disclaims all (express or implied) warranties, including, without limitation, warranties and non-infringement, compatibility, security and accuracy in respect of this website. We do not warrant that the website or any software available for download via the website is free of viruses or destructive codes. Neither TrueCred or its directors shall be responsible for, and they hereby disclaim all liability for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the service/s and/or your reliance on any information offered via the website and service/s. Without limiting the generality of the aforegoing, neither TrueCred nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website. Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us. Any unsolicited confidential or proprietary information sent to us via the internet cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission. This website is made available for public viewing on the basis that TrueCred excludes, to the extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this website or reliance upon the content of this website. Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms which govern the relationship between us in relation to your use of the website. The advertising of our services via the website merely constitutes an invitation by TrueCred for you to make an application for credit. TrueCred reserves the right not to accept and/or comply with any application for any reason whatsoever on notice to you. Should TrueCred accept your application for credit, the agreement is governed by the terms and conditions of the application and loan agreement itself and not by these terms which specifically relate to the use of the website.

Compliance with Legislation

TrueCred will not tolerate anyone using the TrueCred website (including the loan application process) in contravention of any law, whether in common law or statute, and reserves the right to take action against anyone doing so, including laying a criminal charge, where applicable.

PRIVACY POLICY

We respect your privacy and your personal information (even if you do not become or are no longer a customer of ours) and refer you to our privacy policy which governs the way in which we collect and use the personal information provided to us as part of the application process. You give TrueCred permission to collect and use your personal information when you use the website.