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Umhlatuze Finance (PTY) LTD Terms of use

Introduction

The Terms are the general terms of the relationship between Umhlatuze Finance and the Visitor.  The terms cover the use of this website, including any other marketing material Umhlatuze Finance.  By Visisting and using this website, the Visitor accepts and agree to the Terms set herein:

 

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);

 “Umhlatuze Finance” means Umhlatuze Finance (Pty) Ltd with Reg No. 2012/ 136148/07

 “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.

  1. 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 Umhlatuze Finance

This web site is owned, managed, and administered by Umhlatuze Finance.  Umhlatuze Finance is situated at Central Park Complex, 1st  Floor, Corner Rex Henderson and Frankbull Road, Empangeni, Kwa-Zulu Natal, South Africa, and is a business that specializes in extending credit through virtual means such as the Internet. Umhlatuze Finance is fully compliant with the credit legislative requirements of South Africa and promotes responsible lending.  Umhaltuze Finance also strives to provide superior administration and management of client accounts.

 

Use of this web site

License to use this web site. Umhlatuze Finance 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 Umhlatuze Finance 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. Umhlatuze Finance 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 Umhlatuze Finance to provide a Visitor with appropriate advice and / or quotations on products, it is important that a Visitor provides Umhlatuze Finance with sufficient particulars of their financial affairs. Failure to make a full disclosure could result in Umhlatuze Finance 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. Umhlatuze Finance prohibits Visitor from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Visitor by Umhlatuze Finance or suggests a Visitor is the owner of any intellectual property belonging to Umhlatuze Finance.

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. Umhlatuze Finance 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. Umhlatuze Finance 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 Umhlatuze Finance 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.

Intellectual property

Ownership. Except as provided to the contrary in the Terms, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual  property laws) in, to or of this web site are the sole property of or will vest in Umhlatuze Finance or a third party licensor. All moral rights are reserved.

 

Restrictions

Except as expressly permitted under the Terms, this web site may not be:

1. modified, distributed, or used to make derivative works;
2. rented, leased, loaned, sold or assigned;
3. decompiled, reverse engineered, or copied; or
4. reproduced, transferred, or distributed.

 

Prosecution

All violations of proprietary rights or the Terms will be prosecuted to the fullest extent permissible under applicable law.


 

Disclaimer of warranties

Use of this web site is at the sole responsibility and risk of each Visitor. This web site is provided on an “as is” and “as available” basis. Except for the warranties given in the Terms, Umhlatuze Finance expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied, including any implied warranties or conditions of satisfactory quality, no latent defects, fitness for a particular purpose, accuracy, quiet
enjoyment, title, and non-infringement. Umhlatuze Finance does not warrant that this web site will meet the requirements of any Visitor or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software.

Indemnity

Each Visitor agrees to indemnify, defend, and hold harmless Umhlatuze Finance (and those related to it and its officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to its use of this web site.

 

Limitation of liability

Correct faults. Umhlatuze Finance will correct any fault in this web site where possible and as soon as reasonably practical and this is its entire liability regarding any fault in the web site. If this clause is held inapplicable or unenforceable, then the following clause will apply.

Indirect damages excluded. To the extent permitted by applicable law, in no event will Umhlatuze Finance (or its personnel) be liable for any indirect, incidental, special  or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data, or loss of use) arising from the Terms.

Other web site. Umhlatuze Finance is not liable for any other web site provided by any third party.



Termination

Discontinue this web site. The Terms will automatically terminate if Umhlatuze Finance discontinues this web site.
 
Breach. If a Visitor:

1. commits a breach of the Terms; or
2. repeatedly infringes the copyrights or other rights of others; Visitor agrees that Umhlatuze Finance may, to the extent permitted by applicable law and
without prejudice to its rights in the Terms or in law, terminate access to or use of the web site, claim specific performance of the Terms, and claim damages from Visitor.



General

Entire Agreement. The Terms constitutes the entire agreement between the parties in respect of the subject matter of the Terms.

Changes. The Terms may be changed at any time by Umhlatuze Finance and where this affects the rights and obligations of a Visitor, Umhlatuze Finance will notify the Visitor of any changes by placing a notice on this web site. If a Visitor does not agree with the change the Visitor should stop using this web site. If a Visitor continues to use this web site following notification of a change to the Terms, the changed terms will apply to the Visitor.

Fact related to web site. A certificate, signed by an administrator of this web site, of any fact related to this web site (including the version of the Terms that governs a particular dispute and what content was published or functionality was available on the web site at a specific point in time) will be conclusive irrefutable proof of the correctness of the certificate’s contents.

Waiver. No granting of time or forbearance will be, or be deemed to be, a waiver of the Terms and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.

Severability. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the Terms will have full force and effect, provided the severance does not alter the nature of the Terms.

Governing Law and jurisdiction. The Terms are governed by and must be interpreted under the laws of the Republic of South Africa and Visitor agrees to submit to the
exclusive jurisdiction of the South African courts.

 
uF-ico 1st Floor, Central Park Complex, Corner Rex Henderson and Frankbull road, Empangeni, 3880.
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