TERMS OF USE

Agreement Between User and Black Pay

Black Pay Website is comprised of various Web pages operated by Black Pay. The Black Pay Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Black Pay Website constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Black Pay reserves the right to change the terms, conditions, and notices under which the Black Pay Website is offered, including but not limited to the charges associated with the use of Black Pay Website.

Information Offered on Website

All rates and fees in the calculations generated by the calculators we provide on the website are subject to change and should be regarded as a guideline only.

The results of the calculators or your submission of an application for a loan (“application”) via the website do not represent a guarantee that we will grant you a loan or that we will grant you a loan on any specific terms or at any specific rates.

By submitting an application you agree that IF your application is approved by us, you will also be bound to such terms as agreed between you and us. In addition to this, any terms and conditions which appear on the application forms also constitute an agreement between you and us. You also confirm that all the declarations that appear on the application forms are true and correct and that these apply to you. Final approval of your loan application will only take place once we have confirmed this by means of a confirmation letter.

You should therefore not rely on any statement on the website without obtaining our formal written confirmation that your loan has been granted. We will not be responsible or liable if you enter into any offer to purchase or other contract before obtaining our written confirmation of an approved loan.

In order to process your application you agree that we may need to perform credit, reference or other checks.

Please contact our specialist consultants at our Customer Contact Centre at info@blackpay.co.za if any of this is not clear to you.

Links to Third Party Sites

The Black Pay Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Black Pay and Black Pay is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Black Pay is not responsible for webcasting or any other form of transmission received from any Linked Site. Black Pay is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Black Pay of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Black Pay Website, you warrant to Black Pay that you will not use the Black Pay Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Black Pay Website in any manner which could damage, disable, overburden, or impair the Black Pay Website or interfere with any other party’s use and enjoyment of the Black Pay Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Black Pay Websites.

Use of Communication Services

The Black Pay Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

▪ Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
▪ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
▪ Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
▪ Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
▪ Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
▪ Conduct or forward surveys, contests, pyramid schemes or chain letters.
▪ Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
▪ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
▪ Restrict or inhibit any other user from using and enjoying the Communication Services.
▪ Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
▪ Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
▪ Violate any applicable laws or regulations.

Black Pay has no obligation to monitor the Communication Services. However, Black Pay reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Black Pay reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Black Pay reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Black Pays’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Black Pay does not control or endorse the content, messages or information found in any Communication Service and, therefore, Black Pay specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Black Pay spokespersons, and their views do not necessarily reflect those of Black Pay.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to Black Pay or posted at any Black Pay website

Black Pay does not claim ownership of the materials you provide to Black Pay (including feedback and suggestions) or post, upload, input or submit to any Black Pay Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Black Pay, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Black Pay is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Black Pays’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products, and services included in or available through the Black Pay website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Black Pay and/or its suppliers may make improvements and/or changes in Black Pay website at any time. Advice received via the Black Pay website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Black Pay and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Black Pay website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Black Pay and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Black Pay and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Black Pay website, with the delay or inability to use the Black Pay web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Black Pay website, or otherwise arising out of the use of the Black Pay website, whether based on contract, tort, negligence, strict liability or otherwise, even if Black Pay or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Black Pay website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Black Pay website.

Service Contact: info@blackpay.co.za

Termination/Access Restriction

Black Pay reserves the right, in its sole discretion, to terminate your access to the Black Pay Website and the related services or any portion thereof at any time, without notice.

Use of the Black Pay Website is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Pay as a result of this agreement or use of the Black Pay Website. Black Pays’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Black Pays’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Black Pay Website or information provided to or gathered by Black Pay with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Black Pay with respect to the Black Pay Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Black Pay with respect to the Black Pay Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

▪ Any example of companies, organisations, products, people and events depicted herein are fictitious; and
▪ No association with any real company, organization, product, person, or event is intended or should be inferred.

Copyright and Trademark Notices

All contents of the Black Pay Website are the Copyright of Black Pay or its suppliers and/or shareholder parties. All rights reserved.

Trademarks

Unless explicitly stated otherwise:

Privacy Statement

You hereby give Black Pay Group permission to collect and use your personal information when you use this website. The Black Pay Privacy Policy can be found separately on this website and it forms part of these website terms and conditions of use.