Terms & Conditions
TERMS OF USE OF THE WEBSITE (“TERMS OF USE”)
OF CORPFIN SA (PTY) LTD WITH REGISTRATION NUMBER 2017/045540/07 (“CORPFIN”)
By using CorpFin’s website www.corpfinsa.com (“the Website”), the person doing so (“User”) consents and confirms that the terms and conditions as set out below, together with any and all additional and/or amended terms that CorpFin may make available from time to time, shall be binding between CorpFin and the User. CorpFin reserves the right to make changes to the Website and to the Terms of Use at any time it may deem it necessary to do so and at CorpFin’s sole discretion.
The services and/or products offered by CorpFin is detailed on the Website and are governed by separate terms and conditions, which will be made available to the User on the User’s special instance and request to the CorpFin.
By proceeding with an online application to CorpFin on, or through the Website, the User accepts that any and all information and/or documentation provided by the User on, or through the Website to CorpFin, shall be made available by the User, subject to the following terms and conditions:
1. ONLINE APPLICATION
1.1
By providing information and/or documentation to CorpFin the User gives CorpFin permission to:
1.1.1
use such information and/or documentation to consider and/or approve the application; and
1.1.2
to provide CorpFin’s lending partners and/or investors with such information and/or documentation to raise the necessary funds to conclude the transaction; and/or
1.1.3
to provide any of or all of the information and/or documentation to CorpFin’s third-party business partners with similar and/or supportive services to contact the User for furthering the application and/or for providing ancillary services which might assist the User’s application; and
1.1.4
To process such information and/or documentation for, including but not limited to the following reasons: statistical analysis, to develop and improve CorpFin’s platform, to update CorpFin’s records, to contact the User for marketing purposes.
1.2
CorpFin confirms that any and all information and documentation to be provided by the User will be regulated in accordance with the obligations imposed on us by virtue of the Protection of Personal Information Act, No. 4 of 2013 and in accordance with CorpFin’s Privacy Policy which can be accessed on www.corpfinsa.com.
1.3
Any individual interacting and/or submitting information on the Website herewith consents to these Terms and agrees and understands that personal and private information provided and not provided (such as IP addresses and browser types) by such party relating to itself, its companies or any other companies or individuals will be collected by CorpFin as set out herein as if such information was duly authorised to be provided and collected and you agree that CorpFin cannot and shall not be held liable for any damages (consequential or otherwise) incurred by the User and/or such other party whose information was provided by the User.
2. FINANCIAL INTELLIGENCE CENTRE ACT, NO. 38 OF 2001 (“FICA”)
2.1
CorpFin is, as of 1 March 2023, an accountable institution in terms of item 11(b) of Schedule 1 to FICA and is obligated in terms of FICA to identify, assess, monitor, mitigate and manage the anti-money laundering and counter-terrorist financing risk that we, through our products and/or services may involve. By providing its information and/or documentation to CorpFin, the User consents to CorpFin:
2.1.1
assessing same to familiarise ourselves with the identity of the User, nature of business, source of funds, purpose of application and identify other parties involved in the application; and
2.1.2
verify such information and/or documentation on databases designed for verification purposes, including but not limited to verification against the South African Fraud Prevention Service (“SAFPS”); and
2.1.3
capture and keep safe such information and/or documentation for record-keeping purposes in terms of FICA; and
2.1.4
use the information and/or documentation to submit a report to regulatory institutions such as including but not limited to the Financial Intelligence Centre and/or SAFPS
2.2
CorpFin shall not be held liable in terms of any of the Laws of the Republic of South Africa in the event that the User when completing the online application and providing CorpFin with the User’s information and/or documentation the User omits to acknowledge that it is a Domestic Politically Exposed Person, and/or a Foreign Politically Exposed Person and/or a Prominent Influential Person as determined in Schedules 3A, 3B and 3C of FICA.
3. LIABILITY DISCLAIMER
3.1
The Website and online application process is set up on an “as is” basis. CorpFin will not and cannot be held liable for any inaccuracy, error, omission, or misrepresentation contained in the User’s online application.
3.2
CorpFin makes no representations or warranties of any kind whatsoever whether express or implied, as to the operation, accuracy, correctness, or completeness of the content included in the online application process.
3.3
Using the Website and/or submitting an online application is done at the User’s discretion and own risk. CorpFin shall not be held liable, and the User by providing its information and/or documentation to CorpFin assumes full responsibility for any and all damage and/or loss resulting from the User’s use of the Website and/or online application process.
3.4
CorpFin provides no warranty whether expressed or implied that any files, downloads or applications on or through the Website are free of malware but confirms that it has taken all reasonable measures to ensure the integrity of the contents provided on and through the Website.
3.5
By using the Website and submitting an online application, the User unconditionally and irrevocably indemnifies and holds CorpFin harmless against any and all loss, including but not limited to direct damages, indirect damages, special damages, consequential damages, liability, actions, proceedings and costs of any kind and arising out of or in connection with any matter directly or indirectly related to the User’s use of the Website.
4. HONESTY, INTEGRITY, AND ACCURACY
4.1
By proceeding to the online application and by providing its information and/or documentation to CorpFin, the User irrevocably and unconditionally confirms:
4.1.1
that it is the authorised representative on behalf of the applicant completing, submitting and providing same; and
4.1.2
all information provided is truthful; and
4.1.3
the information represents the applicants’ actual financial position and the applicant is capable of fulfilling the responsibilities arising from the application; and
4.1.4
the facts and figures provided in and to the application are current, true and correct; and
4.1.5
that no judgment(s) has been obtained against the applicant or its directors/members/trustees in the last 5 (five) years; and
4.1.6
neither the applicant nor any of its directors/members/shareholders have been subject to business rescue, provisional or final liquidation or sequestration proceedings in the last 5 (Five) years; and
4.1.7
all documentation provided are true copies of the original and are free of unauthorised alterations and/or amendments; and
4.1.8
any pending instituted litigation against the applicant is disclosed by the User on or through the online application.
5. GENERAL
5.1
All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, code, copyright (as well as the organisation and design of the Website together with the underlying software and source code (“the Intellectual Property”) are owned by CorpFin, its shareholders, associates and/or partners, whether directly or indirectly, and as such, you are prohibited from using, adapting, reselling, purporting to own, modifying same without the express written consent of CorpFin
5.2
Each term or clause herein and any portion thereof shall be considered severable and if, for any reason term or clause is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect term or clause hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
5.3
The laws of South Africa shall govern these terms and any use and/or possible dispute with CorpFin.