Terms of Service

TERMS OF SERVICE

1.1 Please take your (the applicant/clients’) time to read and thoroughly understand the terms of service herein of The Company for your Convenient Service Package.

1.2 The user (the applicant/client) of the website, admits and/or confirms that the applicant/client hereby irrevocably agrees to the policies and procedures of the company. This means that the applicant/client has taken the time to read, study and thoroughly understand these terms, Terms of Use, Legal Disclaimer and the Privacy Policy (herein collectively known as the “policies”) of the company and the/this website, and are aware of the costs associated therewith.

1.3 The policies are all accessible on the/this website by clicking the following links: Terms of Service, the Terms of Use, the Legal Disclaimer as well as the Privacy Policy.

1.4 The policies will form part of your (the applicant’s/client’s) consent when submitting your (the applicant/clients’) website and it shall constitute a digital signature (IP Address location, Date and Time of application submission) on your (the applicant/Clients’) digital legally binding and enforceable agreement for the irrevocable acceptance of the policies of the company.

1.5 You (the applicant/client) hereby furthermore confirm that you (the applicant/client) have voluntarily submitted the application for the purchase of your Convenient Service Package, under no force or duress and at your (the applicant/clients’) own free will. Do not submit your (the applicant/client) application if you (the applicant/client) do not agree to or thoroughly understand the company policies and the costings hereof.

1.6 For the sake of convenience, when reference is made to “the agreement” and/or “an agreement” and/or “this agreement” etc., in these terms of service, it refers to the agreement between the applicant/client and The Company for the purchase of your Convenient Service Package referred to in point 3 below.

2. Consumer Rights

2.1 Please note that The Company fully subscribes to the consumer protection legislation in South Africa, more specifically the CONSUMER PROTECTION ACT 2008 and REGULATIONS of 2011 (the CPA).

2.2 All provisions in this agreement are in line with the CPA. However, should it be found that any provision of this agreement and the policies are not in line with the CPA, the relevant provision may be severed from the agreement, and does not affect the remainder of the agreement.

3. The Service / Product

3.1 The product offered is a 12 (twelve) month fixed-term agreement for the following service package (herein referred to as “Convenient Service Package”):
3.1.1 A monthly electronic “Convenient Service Pack” dependent on the topic for the month, above shall be addressed periodically per calendar month in an electronic “Convenient Service Pack” sent to the applicant/clients’ email address as provided to the Company on a monthly basis;

3.1.2 A complimentary loan finding service/facility, through the Company(s) affiliated panel of registered financial service(s)/credit provider(s).

3.1.3 NOTE: AT NO POINT OF THE AGREEMENT ARE YOU, THE CLIENT, PAYING FOR A LOAN.

4. Duration

4.1 The Convenient Service Package is a service for a fixed term of 12 (twelve) months.

4.2 The 12 (twelve) month period commences from the date your agreement has been entered into and expires 12 (twelve) months later.

5. Costs of Services & Billing Procedure

5.1 The costs of your Convenient Service Package are as follows:

5.1.1 R 205.00 (Two Hundred and Five Rand) per month for a period of 12 months.

5.1.2 By accepting these services, you, as the applicant/client acknowledge and agree to the following:

5.2.1 All payment instructions issued by The Company shall be treated by our bank as if the instructions have been issued by you personally; although this Authority and Mandate may be cancelled by you, the applicant/client, such cancellation will not cancel the Agreement, unless written confirmation of such cancellation is received from the Company in which we agree to the cancellation. You shall not be entitled to any refund of amounts paid to The Company, whilst the agreement was in force;

5.2.2 Due to the general nature of December’s financial period, the Company will action all NAEDO and/or debit transactions as follows:

5.2.2.1 Applicants/clients who select a salary date of the 15th or earlier, will be debited on 15 December or the closest working day before or after the said date.

5.2.2.2 Applicants/clients who select a salary date of the 16th or later will be debited on 20 December or the closest working day before or after the said date.

5.2.2.3 It is the applicant/clients’ sole responsibility to ensure that sufficient funds are available in order to affect a successful transaction. Any failed transaction will cause a default of payment and subsequently, which may result in legal steps being taken against you.

6. Cooling off period – Non-Direct Marketing

6.1 If the applicant/client has entered into this agreement through an electronic transaction, the applicant/client may cancel this agreement within seven (7) business days after this agreement has been entered into. This cancellation will only be accepted by The Company in a recordable manner (writing and/or telephonic) by e-mail: info@loanquestsa.co.za or by calling: 0869 990 093 within the prescribed period as aforementioned.

6.2 The Company will then return any payment received from the applicant/client in terms of this agreement within 30 days after successful cancellation of this agreement.

6.3 During the cooling off period, the applicant/client is to make use of the website to ensure that the applicant/client is happy with the services provided in terms of this agreement.

7. Cooling off period – Direct Marketing

If the applicant/client has entered into this agreement not via an electronic transaction, and due to direct marketing, the applicant/client may cancel this agreement by notice to Loan Quest SA in writing, or another recorded manner and form, within seven (7) business days after this agreement has been entered into. This cancellation will only be accepted by Loan Quest SA in a recordable manner (writing and/or telephonic) by e-mail: info@loanquestsa.co.za or by calling: 0869 990 093 within the prescribed period as aforementioned.
Loan Quest SA will then return any payment received from the applicant/client in terms of this agreement within fifteen (30) business days after receiving the aforementioned cancellation notice.
During the cooling off period, the applicant/client is to make use of the website namely https://www.loanquestsa.co.za to ensure that the applicant/client is happy with the services provided in terms of this agreement.

8. Expiration

8.1 On the expiry of this agreement, it will automatically be renewed and continued on a month-to-month basis, subject to any material changes of which The Company has given notice, as contemplated in the CPA, unless the applicant/client expressly—Directs The Company to terminate the agreement on the expiry date; or Agrees to a renewal of this agreement for a further fixed term.

8.2 The applicant / client may cancel this agreement as provided in the CPA upon the expiry of its fixed term, without penalty or charge, but the consumer remains liable to The Company for any amounts owed to The Company in terms of the applicant/clients agreement up to the date of successful cancellation by either the applicant/client or The Company.

9. Early Termination by the applicant / client

9.1 Should the applicant/client wish to terminate this agreement before the termination date, the applicant/client may do so on 20 business days’ notice in writing or other recorded manner and form to The Company at its registered offices, or via email to: info@loanquestsa.co.za, and the applicant/client remains liable to The Company for any amounts owed to The Company in terms of these policies up to the date of successful cancellation by either the applicant/client or The Company.

9.2 In the case of early termination of this agreement by the applicant/client or The Company as aforesaid, The Company shall impose a reasonable cancellation penalty as provided for in the CPA.

10. Breach of Agreement

10.1 Should the applicant/client be in breach of this agreement and/or the terms in the policies, and remain in breach and/or failed to rectify the breach after 20 business days has elapsed after The Company has given written notice to the applicant/client for the failure to comply with the agreement, The Company shall accordingly cancel this agreement.

10.2 Should The Company terminate this agreement due to a breach on the part of the applicant/client, a notice stipulating same shall be sent to the applicant/client.

10.3 All legal fees associated with the collection of monies owing to The Company in terms of these policies, being it for breach or otherwise shall be paid by or be liable by the applicant/client on an attorney and client scale.

10.4 The applicant/client shall be responsible for all failed debit order costs which currently amounts to R110.00 (one hundred and ten rand) per unsuccessful debit order from the applicant/client to The Company.

11. Locus Standi

11.1 The Company hereby reserves the right to cede, transfer and assign all its rights, title and interest in and to all the debts of the debtors arising out of this agreement unto a registered Debt Collector as per the Debt Collectors Act, act 114 of 1998, without any notice to you the applicant/client.

11.2 In the event that The Company has ceded its rights in terms of this agreement the parties agree as follows: The Client/Applicant acknowledges and confirms The Company’s locus standi in respect of any claim against him/her flowing from this agreement; the client/applicant hereby waives and abandons any right to rely on such a cession as a defence to any claim of the cedent (The Company) to enforce any rights in terms of this agreement.

11.3 Should the debt be ceded, the applicant/client hereby irrevocably mandates, instructs, authorizes and consents to the appointed Debt Collector to setup a Naedo and/or debit order on the applicant’s/client’s salary date, using the banking details that the applicant/client has provided (Online/Electronically or Telephonic) using a reputable debit order system provider in the amount of R 205.00 (Two Hundred and Five Rand) per month to defray any and/or all amounts owing to the Company. A Naedo tracker will be placed on the applicant’s/client’s bank account in the event there are “insufficient funds” in the applicant/clients banking account as provided. Furthermore, please be advised that your (applicant/client) bank statement, shall reflect the name of the debit order service provider together with your (the applicant/client) reference number, to clearly identify the payment authorization. The applicant/client furthermore agrees that although this mandate, instruction, authority and/or consent to debit the applicant/clients’ account may be cancelled by the applicant/client, such cancellation will not cancel the/this agreement between the applicant/client and the Debt Collector. The applicant/client also fully understands and agrees that the applicant/client cannot reclaim amounts which has been withdrawn from the applicant/clients’ account in terms of this mandate, instruction, authority and consent in terms of this agreement. The applicant/client shall be responsible for all failed debit order costs which currently amounts to R110.00 (one hundred and ten rand) per unsuccessful debit order from the applicant/client to the Debt Collector.

12. Loan Finding Service

12.1 The Company and its employees act only on instructions / mandate given by the applicant/client to submit a loan application (the loan referral application form) on their behalf to various financial institutions. The Company and its employees will send the loan referral application form to any of the registered financial institutions that they may see fit. A facsimile, digital and/or email copy of the “loan referral application form” constitutes the original.

12.2 The costs of your Convenient Service Package have no association with a/the loan and/or the loan finding service/facility.

12.3 The loan finding service/facility is a complimentary service to your Convenient Service Package as a beneficial extra for the applicant/client and its outcome is NOT GUARANTEED through our (The Company) panel of financial service(s)/credit provider(s).

12.4 You (the applicant/client) are hereby advised, that The Company does not earn any commission(s) of whatsoever nature from any financial service(s)/credit provider(s).

13. General Information

13.1 All documents and/or legally binding and enforceable agreements and debit mandate instruction are readily available to all our (The Company) applicants/clients on written request. The written request can be sent to info@loanquestsa.co.za.

14. The Company – Product Scope

14.1 By submitting your (the applicant/clients) application for the Convenient Service Package via the/this website, the applicant/client indicates that it is desirous of purchasing the Convenient Service Package.

14.2 By agreeing to the policies of The Company, the applicant/client gives The Company permission to debit the applicant / client and authorizes The Company to debit any and all amounts due to The Company from the applicant/client’s banking account as provided on their (the applicant/clients) online/electronic or telephonic application for the successful purchase of the Convenient Service Package.

14.3 The applicant/client hereby irrevocably mandates, instructs, authorizes and consents to The Company to setup a Naedo and/or debit order on the applicant’s/client’s next salary date, post the date of the applicant’s/clients’ online/electronic application for the Convenient Service Package, using the banking details the applicant/client has provided (Online/Electronically or Telephonic) using a reputable debit order system provider on the Company’s behalf, for the Convenient Service Package, in the amount of R 205.00 (Two Hundred and Five Rand) per month for a period of 12 months. A Naedo tracker will be placed on the applicant’s/client’s account in the event there are “insufficient funds” in the applicant/clients banking account as provided. Furthermore, please be advised your (applicant/client) bank statement, shall reflect the name of the debit order company and/or a short name together with your (the applicant/client) reference number, to clearly identify the irrevocably agreed purchase transaction between yourself (the applicant/client) and The Company in terms of this agreement. The applicant/client furthermore agrees that although this mandate, instruction, authority and/or consent to debit the applicant/clients’ account may be cancelled by the applicant/client, such cancellation will not cancel the/this agreement between the applicant/client and The Company. The applicant/client also fully understands and agrees that the applicant/client cannot reclaim amounts which has been withdrawn from the applicant/clients’ account in terms of this mandate, instruction, authority and consent in terms of this agreement.

15. Credit Profile

The client hereby consents that, and authorises the Company or its agent to:

– Contact, request and obtain information from any credit provider (or potential credit provider) or registered credit bureaus relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and credit worthiness of the client;

– Furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts and creditworthiness of the client to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding the client’s dealings with The Company.
The Company and/or its agent, is affiliated to registered credit bureaus, Transunion ITC and Compuscan, and all account payment profiles, patterns and behaviour are recorded monthly with these credit bureaus.

16. Use of applicant/client information

16.1 Online/Electronic Application: New applicants/clients apply on our (The Company) website namely www.loanquestsa.co.za and enter all their credentials voluntarily on the online/electronic application form with no force or duress and at their (the applicant/clients’) own free will.

16.2 All this information is stored and processed in order to process your (the applicant/client) application for your (the applicant/clients’) Convenient Service Package that you have purchased with The Company.

16.3 Upon applying for the loan finding service facility, you the applicant/client consent to the information supplied being passed to a third party in order to facilitate the loan so sought.

17. Indemnification by Applicant/Client

17.1 You (the applicant/client) agree to indemnify, defend, and hold harmless The Company, the Company website, its investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this legally binding and enforceable agreement or the Company website , including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Company website, the Services and any Content (including without limitation your (the applicant/client) Content and any third party Content) forming part of the website. The Company and its service provider(s) shall not in any circumstances, be liable to the applicant/client for any direct, indirect or consequential loss or damages including, without limitation, loss of business or profits save to the extent where direct loss or damage arises out of the willful misconduct or gross negligence by The Company. For purposes of this Agreement, “willful misconduct or gross negligence” means any intentional material act or failure or failure to act which seriously and substantially deviates from a diligent course of action and which is in reckless disregard of or indifference to the harmful consequences. The applicant/client indemnifies The Company and its service providers from and against any loss, damage, costs, expenses and liabilities which the applicant/client may suffer or incur as a result of or in connection with any claim or action by any third party arising out of the actions or omissions of The Company and its service providers save to the extent that the legal action or claim arises out of fraud; or the willful misconduct or gross negligence by The Company. The provisions of this clause will survive termination of this agreement.

18. Acceptance

18.1 All applicants/clients will receive a notification of acceptance of their application for the purchase of your Convenient Service Package via email and/or sms.

18.2 However, once you have “ticked” the box prior to submitting your online/electronic application on the Company website, these terms and costs become binding upon you (the applicant/client).

19. NO VARIATION

No variation of, or addition to this Agreement shall be of any force or effect unless it is reduced to writing and signed by or on behalf of the Parties.

20. INDULGENCES

No relaxation, indulgence or concession granted by The Company to you (applicant/client) in respect of any of your obligations herein shall constitute a novation of any part of the Agreement nor otherwise prejudice, derogate from, or affect, any rights which The Company may have against you.