PLEASE READ THESE TERMS CAREFULLY AS USE OF OUR ONLINE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS
1. These terms and conditions as amended from time to time ('the Terms') govern your use of our online services available at www.mfactors.co.za ('the Website'). They form a binding agreement between you and Merchant Commercial Finance 1 (Pty) Ltd, and come into effect when you register for our online services or once you access and make use of our online services.
2. By accessing and using our online services, you confirm that you have read and understood these Terms, our Terms and Conditions of Website Use, which also apply, as well as the terms and conditions applying to the products and services you have agreed to be provided with.
Amendments to Terms
3. We reserve the right to amend these Terms from time to time at our sole discretion and without notice to you. Changes to these Terms will become effective upon such changes being posted to the Website.
4. It is your obligation to periodically check these Terms at the Website for changes or updates. Your continued use of our online services following the posting of changes or updates will constitute acceptance on your part to abide by and be bound by these Terms, including such changes or updates.
Access to online services
5. To be able to use and access our online services, you will require specific log-in codes, which we will supply to you via email.
6. Log-in codes are provided for security, identification and verification purposes. You are entirely responsible for maintaining the confidentiality and secrecy of such codes and for contacting us immediately if you have reason to believe that the secrecy of your codes have been compromised. You may contact us on firstname.lastname@example.org during office hours for this purpose.
7. You hereby agree that we will not be responsible or liable to you for any loss or damage, of whatever nature, as a result of your failure to maintain the secrecy of your login codes and you hereby indemnify us for any such loss or damage.
8. You acknowledge that data or information that is transmitted over the Internet or via other networks may be subject to interception. While we will take all reasonable measures to ensure that our online services are secure, we shall not be liable for any loss or damage you may suffer as a result of your use of our online services.
9. For your own security, it is vital that you properly log off from our online services page once you have finished using our online services. We will not be responsible or liable for loss or damage as a result of your failure to do so.
10. To the extent permitted by law, no representations or warranties, whether express or implied, are made of any kind in respect of, without limitation, the security, quality, performance, content, information, accuracy, completeness, availability, safety or reliability of our online services.
11. You hereby agree that we shall not be liable for, and agree to indemnify us and our officers, directors, employees, affiliates, shareholders, contractors, agents and consultants against, any loss, damage or liability to you or any other person resulting directly or indirectly from your use of our online services, or your inability to use our online services, however such loss, damage or liability may occur and whether such loss or liability is financial, personal, consequential, incidental or otherwise.
12. In addition, you indemnify us against any claims brought against us by any third party and any loss suffered by us arising from your use of our online services or your breach of these Terms.
Terminating or suspending online services
13. We may, on reasonable notice, terminate or suspend your use of and access to our online services at any time, for any reason whatsoever.
14. Your use of and access to our online services will be terminated immediately, and without any notice to you in the event that we take the view, in our sole discretion, that you have breached a these Terms to a material degree and/or there has been any misconduct on your part.
15. In the event of us terminating or suspending your access to our online services, you hereby agree that we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.
Other applicable terms
16. These Terms must be considered in conjunction with our Terms and Conditions of Website Use and the terms and conditions applicable to the products and services you have agreed to be provided with. By accepting these Terms you also agree to be bound by the Terms and Conditions of Website Use.