Bayport Website and VCS payment Terms and Conditions

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  1. GENERAL
    1. These terms and conditions govern your use of the Bayport Financial Services 2010 (Pty) Limited’s (“Bayport” or “us” or “we”) website situated at www.bayportsa.com (“Bayport’s website” or “this website”). Please read the website terms and conditions in full before you use this website.
    2. By accessing this website, you agree to be bound by these terms and conditions with effect from the first time you access this website and each time thereafter.
    3. Bayport reserves the right, in its sole discretion, to amend these terms and conditions so please refer back to them in the future because by accessing this website you are bound to the version of the terms and conditions published on this website at the time of your visit to this website.
  2. ACCESS TO THIS WEBSITE AND CONSENT TO USE OF PERSONAL INFORMATION
    1. It is your responsibility to acquire, maintain and licence all computer hardware, software, telecommunications facilities and internet access in order to access this website. It is your responsibility to ensure that all such hardware, software and facilities so procured by you are compatible with this website.
    2. You will be able to access the majority of this website without having to register any details with us. To the extent that you do register any of your personal details on this website, you consent to Bayport, its affiliates (being entities that control, are controlled by or are under common control with Bayport) and agents using your details to contact you for purposes of (i) marketing to you, (ii) contacting you in connection with any applications you may make for unsecured loans or credit facilities or insurance products; and (iii) internal analysis and statistical reporting.
  3. USE OF WEBSITE
    1. You may only access and use Bayport’s website in a lawful manner for your own private or educational purposes. You may not access or use this website for any commercial or non-private/educational purpose without the prior written consent of Bayport.
    2. You may –
      1. print and download material from this website provided that you do not modify or amend any content without Bayport’s prior written consent;
      2. cache this website provided that (i) such caching is for you own private or educational purpose; (ii) the cached content is not modified or amended in any way; and (ii) you will remove any cached content upon request therefor by Bayport.
    3. Material on this website may not be republished online or offline without Bayport’s prior written consent.
    4. With the exception of personal and private information, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary Bayport will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
    5. When using this website you shall not post or send to or from this website any material –
      1. which you are not permitted to so post or send or for which you have not obtained all necessary consents, permits and/or licences;
      2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or is otherwise in contravention of the laws of the Republic of South Africa; and
      3. which is harmful in nature including, and without limitation, damaging code, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
    6. Bayport shall not be liable for any material which you post or send to or from this website and reserves the right to remove or modify any such material.
    7. Bayport will –
      1. fully co-operate with any law enforcement authorities or court order requiring it to disclose the identity or other details of any person posting material to this website in breach of 3.5; and
      2. in addition to any other rights which it may have, including (without limitation) the right to lay criminal charges, be entitled to claim from you all damages, losses, liabilities and expenses incurred by Bayport and/or its affiliates resulting from or attributable to a breach by you of this 3.
    8. You may only use this website to browse the content, make legitimate payments and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent payment.
    9. This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed.
    10. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited.
    11. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.
  4. WEBSITE INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
    1. Bayport may make changes to the material on this website at any time and without notice to you
    2. Nothing on this website shall be construed as a solicitation or offer, or recommendation to engage in any transaction or to provide advice as defined in the Financial Advisory and Intermediary Services Act (“FAIS Act”).
    3. All intellectual property (whether registered or not) on this website including, without limitation, copyright, software, information, graphics, design elements, text, formatting, logos, trademarks, icons and hyperlinks are owned by Bayport or its licensors and must not be reproduced without Bayport’s and/or the licensor’s prior written consent.
  5. AVAILABILITY
    1. Although Bayport takes all reasonable steps to ensure that this website is available 24 hours every day, this website may be unavailable as a result of maintenance, upgrades and/or other technical issues. Bayport will not be –
      1. obliged to notify you of any downtime or unavailability of this website; and
      2. liable for any claims, losses, damages or expenses incurred by you if this website is unavailable at any time.
    2. Bayport reserves the right, in its sole discretion, to terminate this website or change the domain name or address of this website without notice to you.
  6. LINKS TO AND FROM OTHER WEBSITES
    1. Any links to third party websites or resources located on this website are provided for your convenience only. Bayport has not reviewed each third party website and has no responsibility for such third party websites or their content. If you choose to access a third party website linked to this website, it is at your own risk.
    2. Bayport will not be liable to you for any claim whatsoever arising from or attributable to your use of any link/s on third party websites to access this website.
    3. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
    4. If you would like to insert a link (including, without limitation, hyperlink, frame or metatag) to this website, you must first obtain the prior written consent of Bayport to do so, which consent Bayport is entitled to withhold or refuse in its sole discretion. Any approval granted by Bayport will be subject (in addition to any other conditions which Bayport may impose) to the following conditions –
      1. you may only insert a link to a page on this website but you may not replicate the whole or any part of this website; and
      2. by inserting a link, you must not in any way imply that Bayport is endorsing your website, any of its contents and/or any services or products which you may offer.
      3. you do not misrepresent your relationship with Bayport or present any false information about Bayport;
      4. you do not link from a website that is not owned by you;
      5. your website must not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the Republic of South Africa; and
      6. you fully indemnify Bayport for any loss or damage suffered as a result of inserting or providing such a link.
  7. DISCLAIMER
    1. This website is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
    2. This website has not been specifically designed to meet any individual person’s specific requirements.
    3. Bayport has taken all reasonable steps to ensure that the information on this website is correct. However, Bayport does not guarantee the correctness or completeness of material on this website. The material on this website may be out of date, or on rare occasions incorrect and Bayport makes no commitment to ensure that such material is correct or up to date.
    4. The material on this website is provided without any warranties of any kind. To the maximum extent permitted by law, Bayport provides access and use of this website on the basis that it excludes all representations, warranties and conditions which but for these terms may have effect in relation to this website.
    5. Although Bayport takes reasonable measures to ensure the safety and security of this website, Bayport does not warrant or represent that this website is safe and secure.
    6. Bayport, the owner of this website, the authors of these contents and in general anybody connected to this website in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
    7. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
    8. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
  8. OUR RIGHTS
    1. We reserve the right to –
      1. modify or withdraw, temporarily or permanently, this website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this website; and/or
      2. change these conditions from time to time, and your continued use of this website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using this website.
    2. We will use our reasonable endeavours to maintain this website. This website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of this website or because of a failure, suspension or withdrawal of all or part of this website due to circumstances beyond our control.
  9. PRIVACY POLICY
    1. We are committed to protecting your privacy. This clause and our Privacy Policy applies to all the web pages related to this website.
    2. All the information gathered in the online forms on this website are used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in herein or in Bayport’s Privacy Policy. None of the information will be sold or made available to anyone.
    3. This website may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access this website; the pages that you access while at this website and the Internet address of the website from which you linked directly to this website. This information is used to help improve this website, analyse trends, and administer this website.
    4. We may need to change this policy from time to time in order to address new issues and reflect changes on this website. We will post those changes to this website so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please contact us.
    5. By using this website, you signify your acceptance of this clause and our Privacy Policy. If you do not agree to this policy, please do not use this website. Your continued use of this website following the posting of changes to these terms will mean that you accept those changes.
  10. COOKIE/TRACKING TECHNOLOGY
    Please click here to review our Privacy policy regarding any Cookie/tracking technology that we may make use off.
  11. PAYMENT POLICY
    1. When you click to make a payment with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions.
    2. You must not make any payment through this website unless you understand and agree all our terms and conditions.
    3. Once payment is made, it is deemed that you have read and understood the terms and conditions for such payment. If you have any queries please contact us before making any payment through this website.
  12. PAYMENT OPTIONS AND PRICING
    1. All transactions will be processed in South African Rand (ZAR).
    2. Credit Card – We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to this website at a later time to complete your payment.
    3. EFT (Electronic Fund Transfer) – One of the most widely used ways of sending money online. Once you have selected the payment option, follow the payment processing instructions. Select the option to pay via EFT. You will then have to load Bayport Financial Services as a beneficiary on your internet banking and use the unique reference number in the reference line for your payment. This should ensure speedy processing.
    4. Direct Deposit – You may make payment through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please send through your deposit slip to us to ensure your payment is confirmed and allocated as quickly as possible.
    5. For more information about how to make payments and other payment options, please contact us.
  13. SECURITY POLICY
    1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted.
    2. The company registration documents and this website’s registered domain name are checked and verified by Thawte , ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
    3. Virtual Card Services is committed to providing secure online services.
    4. All encryption complies with international standards.
    5. Encryption is used to protect the transmission of personal information when completing online transactions.
    6. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
    7. The Merchant does not have access to credit details.
    8. Virtual Card Services continually reviews and enhances its security in line with technological changes.
  14. EXCLUSION OF LIABILITY
    1. Subject to the provisions of sections 43(5) and (6) of the Electronic Communications and Transactions Act, 2002 (“ECT Act”) (if applicable), neither Bayport, nor its affiliates and their respective directors, shareholders, agents, consultants or employees or any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible to you or any third party for any loss, damage or expense of whatsoever nature that you or any third party may suffer as a result of accessing and/or using this website. This exclusion shall include, without limitation, servicing or repair costs and any other direct, indirect or consequential loss.
  15. DISPUTES
    1. If any dispute arises in connection with this website and/or these terms and conditions, such dispute shall be referred to arbitration by either party to an arbitrator agreed by the parties and failing agreement within 5 days, an arbitrator appointed by the Chairman of the Law Society of the Northern Provinces (or its successors-in-title). The arbitration shall be held in Sandton in accordance with the expedited rules of the Arbitration Foundation of South Africa.
    2. The provisions of this 9 shall not be construed as prohibiting or restricting a party from applying for any urgent or mandatory relief from any court of competent jurisdiction.
  16. MONITORING
    1. We have the right, but not the obligation, to monitor any activity and content associated with this website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from this website).
  17. CONSENT
    1. You understand that all the designs and trademarks are registered to Bayport and hereby accept the terms and conditions. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should you be found to be in violation of this agreement you understand that you will be held liable for all legal costs incurred by Bayport for any civil action or any legal action deemed necessary against you.
  18. GENERAL PROVISIONS
    1. These terms and conditions will be governed by and construed in accordance with the law of the Republic of South Africa.
    2. These terms and conditions, as amended from time to time by Bayport in its sole discretion, constitute the entire agreement between you and Bayport in relation to the subject matter of the terms and conditions.
    3. No failure or delay to exercise any of Bayport’s rights will be construed as a waiver of any such right, whether express or implied, nor will it affect the validity of any part of these terms and conditions or prejudice Bayport’s rights to take subsequent action against you.
    4. If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable, such term, condition or provision will be deleted from the remaining terms, conditions and provisions, which will continue to be valid to the full extent permitted by the law.
    5. The provisions of these terms and conditions must be read in conjunction with the privacy policy pertaining to this website and such privacy policy shall be deemed to be incorporated herein.
    6. Bayport shall be entitled to cede, assign and transfer any of its rights and obligations under these terms and conditions without obtaining your consent and without notice to you. Any of Bayport’s rights under these terms and conditions are expressed for the benefit of the affiliates of Bayport and shall be capable of acceptance by them, whether expressly or tacitly.
  19. DOMICILIUM CITANDI ET EXECUTANDI
    1. Bayport’s chosen address for any legal notice is: Bayport House 23A 10th Avenue Rivonia 2128
  20. DISCLOSURES REQUIRED UNDER SECTION 43 OF THE ECT ACT To the extent that section 43 of the ECT Act is or may in future become applicable, Bayport makes the following disclosures –
    1. Name, status and registration number: Bayport Financial Services 2010 (Proprietary) Limited, a private company incorporated under the laws of the Republic of South Africa, with registration number 2009/018403/07.
    2. Physical address and domicilium: 23A Tenth Avenue, Bayport House, Rivonia, Gauteng.
    3. Telephone number: 0861 456 456
    4. Website address: www.bayportsa.com
    5. Email address for loans and cellular packages: [email protected]
    6. Directors: GC Kurland, BJ Arlow, J Chola, R Rossi, SK Stone
    7. Regulatory registrations: registered as a credit provider with the National Credit Regulator, NCR registration number NCRCP 4685 and registered as an authorised financial services provider with the Financial Services Board, FSB number FSP 42380
    8. Membership of regulatory bodies: Member of the Direct Marketing Association (Tel: 011 781 8032); Member of the Payment System Stakeholder Forum (Tel: 072 227 0372 or 071 216 0710); Member of the Credit Providers Association (Tel: 011-463-7423 or 011-463-3179)
    9. Code of Conduct: Code of Conduct to Combat Over Indebtedness
    10. Terms relating to supply of goods: Our standard terms and conditions relating to unsecured loans and credit facilities or insurance products are available on this website. Any specific terms and conditions relating to individual agreements will be set out in the pre-agreement statements and quotations and/or agreements sent to you.
    11. Section 44 of the ECT Act: to the extent that section 44 of the ECT Act is applicable, you are entitled to exercise the cooling off rights set out in section 44 (read with section 42) of the ECT Act.
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