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Terms of Use

MyLoan.co.za Website - Terms of Use

Website Terms and Conditions of Use:

These Terms of Use ("the Terms of Use") govern your ("the User" / "You") use of the (MyLoan.co.za, owned and run by Avica Group) website located at the domain name (www.myloan.co.za) ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms of Use set out in this legal notice. If the User does not wish to be bound by the Terms of Use, the User may not access, display, use, download, and/or otherwise copy or distribute any Content obtained from the Website. The Terms of Use become effective when you access the site for the first time and constitute a binding agreement between Avica Group and the User, which will always prevail. The current version of the Terms of Use will govern our respective rights and obligations each time you access this site.

By accessing and using the Website the User agrees and acknowledges that Avica Group will be processing the User’s personal information and / or use of the Website in order to render the Online Services. Avica Group confirms that it will process the personal information of the User in accordance with the provisions of the Protection of Personal Information Act, Act 4 of 2013, and that appropriate security safeguard measures have been implemented to protect the personal information. Personal information will only be processed for a legitimate business purpose and will only be shared with a third party where it is necessary to render the Online Services or is required by law.

The User accordingly consents to:

1) Avica Group processing their personal information in order to provide the Online Services which includes, but is not limited to, processing the information with risk information agencies (where applicable), for the purposes of evaluating and processing the User’s request, to ensure that the most competitive rates are received; and

2) Avica Group transmitting the information provided by the User, on the electronic e-quote form –

• to the provider whose illustrative quote the User wishes to discuss, for the purposes of the provider to contact the User and conclude the relevant offer; and

• to affiliated partners, for the purposes of them responsibly marketing their products and services to the User.

In the event that the User’s session on the Website is suspended and / or the User does not finalise a transaction, Avica Group will attempt to contact the User in order to establish whether Avica Group can be of any further assistance and / or whether the User experienced any difficulties. Should the User so request, his / her details will be removed and / or not processed further by Avica Group . Should the User wish to receive a quote, the User will be prompted further to agree to the processing of the User’s information in order for Avica Group to render the Online Services. Should the User not agree to such processing, Avica Group will suspend the service and will not be able to provide the User with the Online Services. The User will be prompted as to whether the User wishes to receive further marketing material, updates or direct marketing from Avica Group and / or its affiliates by providing his / her consent. Should such consent be withheld, Avica Group and / or its affiliates undertakes not to direct any such marketing material, updates or direct marketing to the User.

Where a User has previously agreed to Avica Group processing their personal information and / or to receiving marketing or marketing related material from MyLoan.co.za, this consent will remain in force until the User has requested MyLoan.co.za to refrain from such processing.

Online Services:

Avica Group 's online products and services ("Online Services") are subject to registration procedures and approvals, which Avica Group may accept or reject at their sole discretion.

Costs and Commissions Payable:

MyLoan.co.za is free to use, and commission free. We make money simply by charging our partners a fee when a customer chooses to find out more about their products. This fee does not influence the price you pay. The price you see is sourced real-time whenever possible from the providers' database and does not include any hidden fees or charges.

Privacy and Security:

Avica Group receives various types of information ("the Information") from Users who access the Website. Avica Group makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Avica Group will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or personal information that the User submits to Avica Group through the Internet, or that the User expressly or implicitly authorises Avica Group to receive, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Avica Group , the User is urged to read and understand Avica Group 's Privacy and Security Policy, outlining Avica Group 's commitment to the User's privacy and the security of their personal information.

Updating of these Terms and Conditions:

Avica Group reserves the right to, amend, change, modify, add to or remove from portions or the whole of the Terms of Use from time to time. Changes to the Terms of Use will become effective upon such changes being posted to the Website. By accessing the Website You are bound to the version of the Terms of Use published here at the time of any visit to the Website. You agree to view the current version each time you access the Website. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by the Terms of Use, including such changes or updates. Avica Group reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. A certificate signed by the administrator responsible for maintaining the Website will be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms of Use.

Copyright and Intellectual Property Rights:

Avica Group provides certain information (“the Content”) on the Website. Content currently or anticipated to be displayed at this Website is provided by Avica Group , its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs. All such proprietary works, and the compilation of the proprietary works, are copyright of Avica Group , its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and International copyright laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering service/s from Avica Group .

Without limiting the generality of the aforementioned, the User is authorised to view, download and copy to a local hard drive or disk, print and make copies of such printouts, provided that:

• the Content is used exclusively for considering the use of the Online Services and for no other commercial purposes; and

• any reproduction of the proprietary Content from the Website or a portion/s of it must include Avica Group ’s copyright notice in its entirety.

The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Website are the registered and unregistered Trademarks of Avica Group , its affiliates and/or subsidiary, or any other third party owners of such content. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of Avica Group and / or its affiliates and/or subsidiary, or any other third party owners of such content. Except as specified in the Terms of Use, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content and Trademarks. All rights in and to the Content and Trademarks is reserved and retained by Avica Group and/or the Owners, as the case may be.

Irrespective of the existence of Copyright, the User acknowledges that Avica Group and/or the Owners, as the case may be are the proprietors of all the Content and Trademarks on the Website, whether it constitutes confidential information or not, and that the User has no right, title or interest in any such material.

Limited License to General Users:

• Avica Group grants to the User, subject to the further terms of the Terms of Use, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

• This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Avica Group .

• The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.

• The User may not frame nor use framing technologies to enclose the Website or the Content nor any part thereof without the express written consent of Avica Group

• The User is restricted to use the Website and Content, only for lawful purposes and warrants that he/she shall not:

• use the Website to transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of an duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; and

• other than for personal and non-commercial use, store on a computer, or print copies of extracts from the Website, and other than for personal and non- commercial use, "mirror" or cache any of the Content of Website on a server, or copy, adapt, modify or re-use the text or graphics obtained from the Website, without the prior written permission of Avica Group .

• Avica Group does not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

• Avica Group , their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.

• Any unauthorised use terminates this license.

Permission for Hyperlinks, Deep Linking, Crawlers and Metatags:

No User may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “Linking”), to the Website or any subsidiary pages before receiving Avica Group ’s prior written approval, which may be withheld or granted subject to the conditions Avica Group may specify from time to time.

An application for Linking must be submitted to info@avicagroup.com . Once received Avica Group will do its best to respond and enter into further discussions with the User. If the User does not receive a written response from Avica Group within five business days, the User must consider the request as having been rejected.

A breach of this provision entitles Avica Group to take legal action without prior notice to the User and the User agrees to reimburse Avica Group with the costs associated with such legal action, on an attorney and own client scale.

Hyperlinks: :

Notwithstanding the fact that hyperlinks exist, in the Terms and Conditions, to facilitate access to notices, policies and legislation that are incorporated into the Terms and Conditions, the User agrees that in those instances, where some or all of the hyperlinks malfunction or are not operational, such occurrence shall not affect the validity or enforceability of the Terms and Conditions. The User undertakes to, at their own convenience and discretion, review and acquaints themselves with necessary documents and/ or terms.

External Links:

A cookie is a piece of information that is placed automatically on your computer’s hard drive when you access the site. The cookie uniquely identifies your browser to the server. Cookies allow us to store information on the server to help make the Web experience better for you and to conduct site analysis and Web site performance review as well as optimize marketing. Most Web browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of our site may not work properly if you refuse cookies. The personal information they collect is aggregated and does not link to personal information.

Cookies:

Crawlers and Spiders:

The User undertakes not to use any technology to search and /or gain information from the Website without Avica Group ’s written consent.

Software Downloads:

Software, if any, made available for download on or via the Website may be governed by license conditions that establish a legal relationship with the licensor. The User indemnifies Avica Group against any breach of these license conditions. Avica Group gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.

No warranty, whether express or implied, is given that any files, downloads or applications available via the Website is free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of the User’s computer, database, network or other information system.

Termination, Suspension and Limitation:

Avica Group reserves the right to:

• modify, suspend or discontinue the Website, whether temporarily or permanently, without notice;

• impose limits or conditions on certain services, features or functions; and

• restrict access to parts of or all of the services on the Website.

Disclaimer and Limitation of Liability:

Although Avica Group has taken reasonable care to ensure that the Content on the Website is accurate and that the User will not suffer loss or damage as a result of their use of the Website, the Website is provided on an “as is” basis. Use of the Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Website and their reliance on any of the Content or a part/s thereof, contained on the Website.

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Avica Group makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Avica Group nor any holding company, affiliate or subsidiary of Avica Group , shall be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Avica Group is expressly advised thereof.

Without derogating from the generality of the above, Avica Group will not be liable for:

• any interruption, malfunction, downtime or other failure of the Website or related database, system or network, for whatever reason;

• any loss or damage in respect of customer data or other data, directly or indirectly, caused as a result of any malfunction of the Website or related database, system or network, power failures, unlawful access to or theft of data, computer viruses or destructive code on Avica Group ’s Website or related database, system or network, programming defects or negligence; or

• any event over which Avica Group has no direct control.

Indemnity:

The User unconditionally and irrevocably indemnifies and holds Avica Group harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on the Website, the use of the services offered on the Website, the Content available on the Website or any other matter, directly or indirectly, related to the User’s use of the Website, whether due to Avica Group ’s negligence or not.

Choice of Law:

This Website is controlled, operated and administered by Avica Group from its offices as set out below. Avica Group makes no representation that the Content is appropriate or available for use in any other locations or countries than the Republic of South Africa. Access to the Website from territories or countries where the Content is illegal, is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa.

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

General:

The headings of the clauses in the Terms of Use are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

The Terms of Use are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms of Use.

Avica Group ’s failure or delay to exercise any particular right or provision of the Terms of Use shall not constitute a waiver of such right or provision, whether this is done expressly or implied, nor will it affect the validity of any part of the Terms of Use or prejudice Avica Group ’s right to take subsequent action against the User, unless acknowledged and agreed to by Avica Group in writing.

Neither the User nor Avica Group , shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. The Terms of Use supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and Avica Group in respect of the subject matter hereof.

Avica Group shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms and Conditions.

Should Avica Group be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Avica Group is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then Avica Group shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms and Conditions by giving notice to the User. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

The Terms of Use, as varied by Avica Group from time to time, constitutes the entire and sole agreement between Avica Group and the User with regard to the use of the Content and this Website.

Avica Group , with company registration number 3125532-1 provides an electronic platform that facilitates the aggregation of quotes from various different providers and industries. This facility allows the consumer to efficiently compare quotes from the different service providers.

Consumers can access a full record of the transaction via submitting an email request to info@avicagroup.com The quotes presented, are based on limited information, provided by the User on the electronic e-quote form.

The quotes are therefore only illustrative and not a binding offer. The quotes are subject to change, based upon the verification and further consideration of more comprehensive risk related information that you will be required to disclose, when you agree to the provider contacting you.

Any reference to or use of a product, service or process of a third party does not imply recommendation, approval or affiliation of the product, services or process by MyLoan.co.za.

Address for legal service of documents:

Salomonkatu 17 B 9C 00100 Helsinki Finland

Contact Details:

The Webmaster Email: info@avicagroup.com