Terms of Use

Bizcash Terms of Service

Terms of Use of Bizcash’s website, products and services (“the Terms of Use”)

  1. Introduction

Bizcash’s website i.e. www.bizcash.co.za (“the Website”) provides information about Bizcash, its products and services as well as access to an application in respect of Bizcash’s services and products.

2.    Terms

2.1    Any person accessing the Website for his/her own benefit or for and on behalf of another person or entity (“the User”), thereby binds him/herself or such other person or entity to the Terms of Use (as amended from time to time), all applicable laws and regulations. If the User does not agree with the Terms of Use, the User must immediately cease to use or access the Website;

2.2    All references to “the User” in the Terms of Use, shall also apply to the person or entity on whose behalf the User is acting;

2.3    The materials, texts, drawings, graphics, logos, icons and any data made available on the Website (“the Materials”) are protected by applicable copyright and trademark law.

3.    Use License

3.1    Bizcash grants the User a license and permission to download one copy of the information on the Website for the User’s personal, non-commercial and temporary viewing only. This license does not transfer any rights to the User except as specifically provided in the Terms of Use and the User may not:

3.1.1    modify or copy the Website or any of the Materials on the Website;

3.1.2    use the Website or any of the Materials for any commercial purpose or for any public display;

3.1.3    attempt to decompile or reverse engineer any software contained on the Website;

3.1.4    remove any copyright or other proprietary notations from the Materials; or

3.1.5    transfer the Materials to another person or duplicate the Materials on any other computer or server.

3.2    This license shall automatically terminate if the User breaches any of the provisions and/or restrictions contained in the Terms of Use. Bizcash may further terminate the license at any time in its sole discretion. If the license is terminated for any reason whatsoever, the User must immediately destroy any of the Materials in its possession downloaded from the Website, whether in electronic or printed format.

4.    Disclaimer

4.1    To the full extent permissible in law, the Materials are provided without any warranties, expressed or implied, and excludes all other warranties including but not limited to, all warranties in terms of the common law, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights or other infringements of rights.

4.2    Bizcash does not warrant or make any representations concerning the accuracy, likely results or reliability of the Materials or otherwise relating to the Materials or on any websites linked to the Website.

5.    Limitation of liability

To the full extent permissible in law, Bizcash, its suppliers and service providers are exempted from all liability in respect of any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website or the Materials, even if Bizcash has been notified of the possibility of such damage.

6.    Errors in respect of materials on the Website

The Materials may contain errors. Bizcash does not warrant that any of the Materials are correct. Bizcash may (but is not obliged to) alter the Materials at any time without notice.

7.    Links

Bizcash has no control over the other websites linked to the Website. Bizcash does not accept any responsibility  in respect of nor does it endorse the contents of such linked websites. The User access such linked websites at its own risk.

8.    Amendments to the Terms of Use

Bizcash is entitled to amend the Terms of Use at any time without notice. The User must regularly access the Terms of Use to remain informed of the latest version thereof, which shall be and remain applicable to the User. If the User does not agree with any amendments to the Terms of Use, the User may no longer use the Website.

9. Online Applications

When the User accesses the Website and applies online for any of Bizcash’s products or services , the User is merely applying to Bizcash to be granted a Bizcash product or service and Bizcash is not obliged to grant such application. The granting of the User’s application is and remains in Bizcash’s sole discretion. If the application by the User is granted, the User must comply with all of Bizcash’s further requirements and sign all documents and do all things required by Bizcash.

10. General

10.1  Bizcash is not obliged to grant any application by the User for any of Bizcash’s products or services;

10.2  Bizcash will advise the User if its application for Bizcash products or services is granted or declined. If the application by the User is declined, the User will have no claims against Bizcash;

10.3  Bizcash may cede, transfer, make over and/or dispose of its right, title and interest in and to the Website, any application made by the User and any agreements concluded and security obtained as a result of an application that was granted;

10.4  The User confirms and agrees that it appreciates and understands the risks, costs, rights, obligations, implications and nature of the Bizcash products and services for which it applied.

10.5  The User must provide Bizcash with all information that the User believes and/or knows could influence Bizcash’s assessment of and decision regarding an application for Bizcash’s products or services and the User  warrants that all information provided or to be provided when accessing the Website or any application is and will be true, correct and complete in all respects;

10.6  The User agrees that a processing fee may be payable to Bizcash should the User pay in respect of any Bizcash products or services by way of debit order or if payment is made by way of deductions through a third party processor;

10.7  Bizcash will collect and process the personal information that the User provides when applying for Bizcash products and services. The User is referred to Bizcash’s Privacy Policy on the Website regarding the treatment of the personal information.

11. Intellectual Property

The Materials are owned by Bizcash (unless it is clear that it is owned by someone else) and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Materials or any component thereof will constitute an infringement of Bizcash’s copyrights and/or other intellectual property rights.

12. Disclaimer

12.1  The Materials are not intended to provide or constitute financial advice. Bizcash provides the Materials for the User’s convenience only. The Materials do not cater for anybody’s investment objectives, financial situation or means.

12.2  The Materials should specifically not be construed as:

12.2.1 a recommendation; or

12.2.2 an offer to buy or sell; or

12.2.3 the solicitation of an offer to buy or sell any value added services, security, financial product, or instrument; or

12.2.4 to participate in any particular trading strategy in any jurisdiction either at all or in which such an offer or solicitation or trading strategy would be illegal;

12.3     The Materials may include references to certain transactions which may give rise to substantial risk and which are not appropriate for all persons;

12.4     The Materials serve only as a general reference and Bizcash has not determined that the Materials are suitable for any particular purpose and/or person, and Bizcash has not necessarily disclosed all risks relating to the Materials or its subject matter;

12.5     The fact that the Materials have been provided to the User is not a recommendation that the User should enter into a particular transaction or a representation that the Materials or any part thereof, are suitable or appropriate for the User;

12.6     Any discussion of the risks associated with the Materials and the Bizcash products and services, should not be considered to be a disclosure of all risks or complete discussion of such risks;

12.7     The User should not rely on the Materials for professional advice (including, but not limited to business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice) or as a basis for any investment, transactional or similar decisions the User makes or which are made on the User’s behalf without first consulting with the User’s own professional or business advisors (who may include the User’s attorney, tax, accounting and investment advisors).

13. Restrictions

The User may not:

13.1  use the Website for commercial purposes without Bizcash’s prior written consent;

13.2  personally or through a third party use the Website for harmful, unlawful or illegal purposes;

13.3  copy or frame the Website or any part thereof;

13.4  do anything that would compromise the security or integrity of the Website.

14. Risk

The User uses the Website at its own risk.

15. Governing Law

The Terms of Use are governed by and construed in accordance with the laws of South Africa and User irrevocably submits to the exclusive jurisdiction of the courts of South Africa.

16. Bizcash’s contact and other particulars

Full name: Alternative Finance Solutions (Pty) Ltd t/a Bizcash with registration number: 2017/511991/07 (registered in the Republic of South Africa)

Physical address and address for receipt of legal service of documents: 43 Wierda Road, West, Wierda Valley, 2196, South Africa

Telephone no.: 0861 93 93 93

Website address: www.bizcash.co.za

Email address: info@bizcash.co.za

Directors: S D Waywell, J D Morrow, J Goldberg, E Beinart.

Non-Executive Directors: J Wilks