1. Introduction
Bizcash’s website i.e. www.bizcash.co.za (“the Website”) provides information about Bizcash and Bizcash SCF, their services and products as well as access to an application in respect of some of Bizcash’s and Bizcash SCF’s services and/or products.
2. Bizcash’s and Bizcash SCF contact and other particulars provided as required in terms of Section 43 of the Electronic Communications and Transactions Act, Act 25 of 2002 (“ECTA”)
2.1 Full name of Bizcash: Alternative Finance Solutions (Pty) Ltd t/a Bizcash with registration number: 2017/511991/07, a private company registered in the Republic of South Africa;
2.2 Full name of Bizcash SCF: Bizcash Financial Solutions (Pty) Ltd t/a Bizcash SCF with registration number: 2019/009326/07, a private company registered in the Republic of South Africa;
2.3 Physical address and address for receipt of legal service of documents of both Bizcash and Bizcash SCF: Preference Capital Group, Ground Floor, Office 001H3, 18 Melrose Boulevard, Melrose Arch, 2196, South Africa.
2.4 Postal address of Bizcash and Bizcash SCF: Private Bag X02, Highlands North, Johannesburg, Gauteng, 2037
2.5 Telephone no of both Bizcash and Bizcash SCF.: 0861 93 93 93;
2.6 Website address: www.bizcash.co.za;
2.7 Email address of both Bizcash and Bizcash SCF: info@bizcashscf.co.za;
2.8 Directors of Bizcash: S D Waywell, C C Hopley, J Goldberg, J H Wilks and G Montgomery;
2.9 Directors of Bizcash SCF: S D Waywell, C C Hopley and J Goldberg.
3. Other information provided in terms of ECTA
3.1 Bizcash offers loan facilities, invoice discounting facilities, purchase order finance facilities, supply chain finance facilities and related services and products to its clients. More information regarding Bizcash’s service and product offerings, including the agreements pertaining to each service or product, is available on the Website;
3.2 Bizcash SCF offers supply chain finance facilities and may in future also offer loan facilities, invoice discounting facilities, purchase order finance facilities and related services and products to its clients. More information regarding Bizcash SCF’s service and product offerings, including the agreements pertaining to each service or product, is available on the Website;
3.3 The following information is available on the Website or will be provided on request when contacting Bizcash or Bizcash SCF on its telephone number as stated in 2 above:
3.3.1 the fees and/or interest rates and manner of payment that will apply to the transaction applicable to Bizcash’s or Bizcash SCF’s service and product offerings;
3.3.2 the terms of the relevant agreements, including any guarantees, that will apply to the transaction applicable to Bizcash’s or Bizcash SCF’s service and product offerings and how those terms may be accessed, stored and reproduced electronically by consumers;
3.3.3 the time within which the relevant goods will be dispatched or delivered or within which the services or products will be rendered;
3.3.4 the manner and period within which consumers can access and maintain a full record of the applicable transaction;
3.3.5 the security procedures and privacy policy of Bizcash and Bizcash SCF in respect of payment, payment information and personal information;
3.3.6 where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently.
4. Consent
4.1 Each person accessing or using the Website or the Materials (as later herein defined) for his/her own benefit or for and on behalf of another person or entity (“User”) hereby provides his/her express permission to Bizcash and Bizcash SCF’s to collect, collate, process and/or disclose to third parties any personal information on such User;
4.2 Each User must further familiarise him/herself with Bizcash’s or Bizcash SCF’s Privacy Policy and Bizcash’s or Bizcash SCF’s PAIA Manual and in particular in respect of the purposes for which personal information is requested, collected, collated processed and/or stored by Bizcash or Bizcash SCF, and the Consent referred to in paragraph 16 of the Privacy Policy (and as envisaged in the PAIA Manual). If a User is not prepared to provide the aforesaid Consent in respect of his/her personal information or for and on behalf of such other person or entity, the User must immediately stop using and/or accessing the Website, the Materials and/or the services or products offered by Bizcash or Bizcash SCF. If the User continues to use and/or access the Website, the Materials and/or the services or products offered by Bizcash or Bizcash SCF, Bizcash and Bizcash SCF shall and the User agrees that Bizcash and Bizcash SCF may, accept that the User has provided such Consent in respect of his/her own personal information and/or for and on behalf of such other person or entity, which Consent includes consent to collect and process personal information as envisaged in the Protection of Personal Information Act, Act 4 of 2013.
5. Terms
5.1 The User thereby binds him/herself or such other person or entity (referred to in paragraph 4 above) to the Terms of Use (as amended from time to time) as well as 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, any of the Materials and/or the services and products offered by Bizcash or Bizcash SCF;
5.2 All references to “User” in the Terms of Use, shall also apply to the person or entity on whose behalf the User is acting;
5.3 The applications, materials, texts, drawings, graphics, logos, marks, tradenames, icons and all data made available on the Website (“the Materials”) are protected by applicable copyright and trademark law, and the User must comply with such laws.
6. Use License
6.1 Bizcash and Bizcash SCF grant the User a limited, revocable, personal, non-transferable, non-sublicensable license and permission to use the Website and the Materials and 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:
6.1.1 modify the Website or any of the Materials;
6.1.2 use the Website or any of the Materials for any commercial purpose except as specifically allowed by Bizcash and Bizcash SCF, or for any public display;
6.1.3 attempt to decompile or reverse engineer any software contained on the Website and/or the Materials;
6.1.4 remove any copyright or other proprietary notations from the Website or the Materials;
6.1.5 transfer or license the Website or the Materials to another person or duplicate the Website or the Materials on any other computer or server or in any other manner; or
copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Website or the Materials in any form whatsoever;
6.2 The aforesaid license shall automatically terminate if the User breaches any of the provisions and/or restrictions contained in the Terms of Use. Bizcash or Bizcash SCF 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.
7. Disclaimer
7.1 To the full extent permissible in law, the Website and the Materials are provided and/or made available by Bizcash and Bizcash SCF without any warranties, expressed or implied, and excludes all warranties including but not limited to, all warranties in terms of the common law, implied warranties or conditions of merchantability and warranties in respect of fitness for a particular purpose or non-infringement of intellectual property rights or other infringements of rights;
7.2 Bizcash and Bizcash SCF do not warrant or make any representations concerning the accuracy, integrity, likely results or reliability of the Website or the Materials or otherwise relating to the Website or the Materials or in respect of any websites linked to the Website;
7.3 Bizcash and/or Bizcash SCF may, without notice, modify, suspend or discontinue the Website and/or any of the Materials and Bizcash and/or Bizcash SCF shall not incur any liability in respect of such modification, suspension or discontinuance.
8. Limitation of liability
To the full extent permissible in law, Bizcash, Bizcash SCF, their directors, employees, contractors, suppliers and service providers are exempted from all liability in respect of any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use, the inability to use, the failure of, and/or the malfunctioning of any computer or system resulting from accessing or the use of, the Website or the Materials, even if Bizcash or Bizcash SCF has been notified of the possibility of such loss or damages.
9. Errors in respect of the Materials on the Website
The Website and/or the Materials may contain errors. Bizcash and Bizcash SCF do not warrant that the Website and/or any of the Materials are correct.
10. Links
Bizcash and Bizcash SCF have no control over the other websites linked to the Website. Bizcash and Bizcash SCF do 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.
11. Amendments to the Terms of Use, the Website and the Materials
Bizcash and Bizcash SCF are entitled (but not obliged) to amend or alter the Terms of Use, the Website and/or the Materials 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 or the entity on whose behalf he/she acts. If the User does not agree with any amendments to the Terms of Use, the User may no longer use or access the Website or any of the Materials.
12. Online Applications
When the User accesses the Website and applies online for any of Bizcash’s or Bizcash SCF’s products or services, the User is merely applying to Bizcash or Bizcash SCF to be granted a Bizcash or a Bizcash SCF product or service and Bizcash and Bizcash SCF are not obliged to grant such application. The granting of the User’s application is and remains in Bizcash’s and Bizcash SCF’s sole discretion. If the application by the User is granted, the User must comply with all of Bizcash’s and Bizcash SCF’s further requirements and sign all documents and agreements, and do all things required by Bizcash and Bizcash SCF.
13. General
13.1 Bizcash and Bizcash SCF are not obliged to grant any application by the User for any of Bizcash’s or Bizcash SCF’s products or services;
13.2 Bizcash or Bizcash SCF will advise the User if its application for Bizcash’s or Bizcash SCF’s products or services, is granted or declined. If the application by the User is declined, the User will have no claims against Bizcash or Bizcash SCF;
13.3 Bizcash and Bizcash SCF 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;
13.4 The User confirms and agrees that it appreciates and understands the risks, costs, rights, obligations, implications and nature of Bizcash’s and Bizcash SCF’s products and services for which it applied or that it will obtain at its own expense and costs, all advice required to enable it to appreciate and understand such risks, costs, rights, obligations, implications and nature;
13.5 The User must provide Bizcash and/or Bizcash SCF with all information that the User believes and/or knows could influence Bizcash’s or Bizcash SCF’s assessment of and decision regarding an application for Bizcash’s or Bizcash SCF’s products or services and the User warrants that all information provided or to be provided when accessing or using the Website or any of the Materials, is and will be true, correct and complete in all respects;
13.6 The User agrees that a processing fee may be payable to Bizcash or Bizcash SCF should the User pay in respect of any Bizcash’s or Bizcash SCF’s products or services by way of debit order or if payment is made by way of deductions through a third party processor;
13.7 Bizcash and Bizcash SCF will collect and process the personal information that the User provides when applying for Bizcash’s or Bizcash SCF’s products and services. The User is referred to Bizcash’s and Bizcash SCF’s Privacy Policy on the Website regarding the treatment of the personal information.
14. Intellectual Property
The Website and Materials are owned by Bizcash and/or Bizcash SCF (unless it is clear that it is owned by someone else) and are therefore protected by both South African and international intellectual property laws and Bizcash and Bizcash SCF reserve its moral rights therein. No person may use or exploit the Website or the Materials without Bizcash’s and/or Bizcash SCF’s or a third party owner’s prior written authority or unless specifically authorised on the Website. Accordingly, any unauthorised use, copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Website or the Materials or any component thereof will constitute an infringement of Bizcash’s and/or Bizcash SCF’s or the third party owner’s copyrights and/or other intellectual property rights.
15. Disclaimer
15.1 The Website and/or the Materials are not intended to provide or constitute financial advice. Bizcash and/or Bizcash SCF provide the Website and the Materials for the User’s convenience only. The Website and the Materials do not cater for any person’s investment objectives, financial situation or means;
15.2 The Website and/or the Materials should specifically not be construed as:
15.2.1 a recommendation of any nature; or an offer to buy or sell; or the solicitation of an offer to buy or sell any value-added services, security, financial product, or instrument; or
15.2.2 a recommendation or proposal 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;
15.3 The Website and/or the Materials may include references to certain transactions which may give rise to substantial risk and which are not appropriate for all persons;
15.4 The Website and/or the Materials serve only as a general reference and Bizcash and Bizcash SCF have not determined that the Website and/or the Materials are suitable for any particular purpose and/or person, and Bizcash and Bizcash SCF have not necessarily disclosed all risks relating to the Website and/or the Materials or its subject matter;
15.5 The fact that the Website and/or 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 Website and/or the Materials or any part thereof, are suitable or appropriate for the User;
15.6 Any discussion of the risks associated with the Website and/or the Materials and the Bizcash and Bizcash SCF products and services, should not be considered to be a disclosure of all risks or a complete discussion of such risks;
15.7 The User should not rely on the Website and/or 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).
16. Restrictions
The User may not:
16.1 use the Website or the Materials for commercial purposes without Bizcash’s and Bizcash SCF’s prior written consent;
16.2 personally or through a third party use the Website or the Materials for false, fraudulent, harmful, offensive, unlawful or illegal purposes;
16.3 copy or frame the Website or the Materials or any part thereof; or
16.4 do anything that would compromise the security or integrity of the Website or any of the Materials or otherwise adversely affect the performance or function of the Website or any of the Materials or damage, interfere or attempt to interfere with the normal operation of the Website or any of the Materials, or that would infringe on the rights of Bizcash and Bizcash SCF or a third party.
17. Risk
The User uses the Website at its own risk and although Bizcash and Bizcash SCF make every effort to ensure that the Website and the Materials are free from viruses, Bizcash and Bizcash SCF cannot guarantee that the Website and/or the Materials are free from any or all viruses. Bizcash and Bizcash SCF do not accept any liability for any loss or damage howsoever caused by the use of the Website and/or the Materials or any linked websites (and any material on such linked websites) or any potentially malicious code contained therein. The User remains responsible to ensure that its computer systems are suitable to access and use the Website and/or the Materials and to implement sufficient anti-virus and other security measures to protect its computer systems.
18. 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.
The Bizcash SCF Name, Logo and Imagery have Copyright and are Registered and Trademarked as the property of Bizcash.
Bizcash, 4th Floor, 11 Crescent Drive, Melrose Arch, Melrose North, Johannesburg, 2196, South Africa
Made with ♥ and care by Sonic Digital Media
