Terms And Conditions of Use
1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) govern access to and use of the BizFunding website located at www.bizfunding.co.za (“the Website”). By accessing or using the Website, the user (“User”) agrees to be bound by these Terms in their entirety.
1.2 If the User does not agree to these Terms, the User must immediately cease use of the Website.
1.3 These Terms constitute a binding electronic agreement between the User and BizFunding as contemplated under the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”). Submission of any form or information via the Website constitutes affirmative acceptance of these Terms.
2. IDENTITY OF THE OPERATOR
2.1 The Website is operated by BizFunding (“BizFunding”, “we”, “us”, or “our”), a lead generation platform registered and operating in the Republic of South Africa.
2.2 Principal place of business: Atrium on 5th, 9th Floor, 5th Street, Sandton, Johannesburg, 2196.
2.3 Email address: info@bizfunding.co.za
2.4 BizFunding is not VAT registered.
3. NATURE OF SERVICE
3.1 BizFunding operates exclusively as an online lead generation platform. Its sole function is to collect information submitted by Users and facilitate introductions between Users and third-party service providers that offer financial products and related services.
3.2 BizFunding does not:
3.2.1 Provide funding, credit, loans, or any financial product;
3.2.2 Make any lending or credit decisions;
3.2.3 Assess or evaluate the creditworthiness of any User;
3.2.4 Act as a credit provider, credit bureau, credit intermediary, or debt counsellor as defined under the National Credit Act 34 of 2005 (“NCA”);
3.2.5 Hold any license under the Financial Sector Regulation Act 9 of 2017 or any license issued by the Financial Sector Conduct Authority (“FSCA”) in respect of the services facilitated through this Website.
3.3 BizFunding does not guarantee that any User will receive funding, credit approval, or any financial service as a result of using the Website.
3.4 Users are strongly advised to verify the NCR registration status and/or FSCA license of any third-party provider before entering into any financial agreement with such provider.
4. NO FINANCIAL OR LEGAL ADVICE
4.1 All information published on the Website is provided for general informational and marketing purposes only. Nothing on the Website constitutes financial, legal, tax, investment, or any other form of professional advice.
4.2 Users should seek independent professional advice from a suitably qualified and registered adviser before entering into any financial agreement or commitment.
5. PERSONAL INFORMATION AND POPIA COMPLIANCE
5.1 Responsible Party. BizFunding is the Responsible Party in respect of personal information collected via this Website, as defined under the Protection of Personal Information Act 4 of 2013 (“POPIA”).
5.2 Purpose of Collection. Personal information submitted by Users is collected for the following purposes:
5.2.1 To facilitate the introduction of the User to third-party providers operating within the Republic of South Africa;
5.2.2 To send the User relevant marketing and follow-up communications from BizFunding relating to services;
5.2.3 To improve and maintain the functionality of the Website.
5.3 Consent. By submitting any form or information on this Website, the User expressly and voluntarily consents to:
5.3.1 The collection and processing of their personal information by BizFunding for the purposes set out in clause 5.2;
5.3.2 The sharing of their personal information with third-party providers located within the Republic of South Africa for the purpose of being contacted regarding financial products or services;
5.3.3 Receiving marketing and follow-up communications from BizFunding via email or other electronic means.
5.4 Cross-Border Transfers. BizFunding only shares User personal information with third-party service providers located within the Republic of South Africa. No personal information is transferred to any party outside of South Africa without the User’s prior written consent.
5.5 Third-Party Obligations. Third-party service providers who receive User personal information via BizFunding are required to process such information in accordance with POPIA and applicable data protection legislation. BizFunding cannot guarantee compliance by third parties and accepts no liability for any breach of POPIA by a third-party recipient.
5.6 Data Retention. BizFunding will retain personal information only for as long as is necessary to fulfil the purposes set out in clause 5.2, or as required by applicable law. Users may request the deletion of their personal information at any time, subject to any lawful retention obligations.
5.7 User Rights Under POPIA. Users have the right to:
Request access to the personal information held about them by BizFunding;
Request correction of inaccurate, incomplete, or outdated personal information;
Request deletion of their personal information where lawfully permissible;
Object to the processing of their personal information;
Lodge a complaint with the Information Regulator of South Africa at www.inforegulator.org.za.
5.8 Withdrawal of Consent. Users may withdraw their consent to receive marketing communications from BizFunding at any time by sending a written opt-out request to info@bizfunding.co.za. BizFunding will process opt-out requests within a reasonable period. Withdrawal of consent to marketing communications does not affect any prior processing that was lawfully conducted.
5.9 Use of the Website is further subject to the BizFunding Privacy Policy, which is incorporated into these Terms by reference and is available on the Website.
6. ELECTRONIC COMMUNICATIONS AND MARKETING
6.1 By submitting their information on the Website, Users consent to receiving electronic communications from BizFunding, including marketing and promotional communications, in accordance with Section 45 of the ECT Act and POPIA.
6.2 Every marketing communication sent by BizFunding will contain a clear and functional opt-out mechanism allowing the User to unsubscribe from further communications at no cost.
6.3 BizFunding will not send unsolicited commercial communications (“spam”) to any User who has not consented to receiving such communications.
7. THIRD-PARTY INTERACTIONS
7.1 Any engagement, agreement, or transaction entered into by a User with a third-party service provider arising from use of this Website is solely between the User and that third party.
7.2 BizFunding:
7.2.1 Does not act as an agent, representative, or guarantor for any third-party service provider;
7.2.2 Does not guarantee or warrant the accuracy, suitability, reliability, regulatory compliance, or licensing status of any third-party service provider;
7.2.3 Is not responsible for the conduct, representations, products, or services of any third-party provider;
7.2.4 Shall not be liable for any loss, damage, or harm arising from any interaction, agreement, or transaction between a User and a third-party service provider.
7.3 Users engage with third-party service providers entirely at their own risk.
8. USER RESPONSIBILITIES AND WARRANTIES
8.1 By using the Website, the User warrants and represents that:
8.1.2 All information submitted is true, accurate, current, and complete;
8.1.2 The User is at least 18 years of age and has the legal capacity to enter into binding agreements;
8.1.3The User is submitting information on their own behalf or is duly authorised to act on behalf of the entity they represent;
8.1.4 The User will not use the Website for any unlawful, fraudulent, or improper purpose.
8.2 BizFunding reserves the right to refuse to process or share any submission that it reasonably believes to be false, incomplete, or fraudulent.
9. PROHIBITED USE
9.1 Users may not:
9.1.1 Use the Website in any manner that could damage, disable, overburden, or impair its functionality or security;
9.1.2 Attempt to gain unauthorised access to any part of the Website or its underlying systems;
9.1.3 Transmit any content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable;
9.1.4 Use the Website to collect information about other Users;
9.1.5 Use the Website for any competing commercial purpose without BizFunding’s prior written consent;
9.1.6 Deploy automated tools, bots, scrapers, or similar mechanisms on the Website without authorisation.
10. LIMITATION OF LIABILITY
10.1 Use of the Website is entirely at the User’s own risk.
10.2 To the fullest extent permitted by applicable law, BizFunding shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage of any nature arising from:
10.2.1 Use of, or inability to use, the Website;
10.2.2 Reliance on any information published on the Website;
10.2.3 Any unauthorised access to or use of User data;
10.2.4 Any conduct, product, or service of a third-party service provider;
10.2.5 Any fraudulent, misleading, or unlawful representation made by a third-party service provider.
10.3 BizFunding’s total aggregate liability to any User, for any cause whatsoever, shall not exceed zero rands (R0.00), given that the Website is provided free of charge to Users.
11. WEBSITE AVAILABILITY AND SECURITY
11.1 BizFunding does not warrant or guarantee that:
11.1.1 The Website will be available, uninterrupted, or error-free at all times;
11.1.2 The Website will be free from viruses, malware, or other harmful components.
11.2 Users are responsible for implementing appropriate security measures on their own devices. BizFunding shall not be liable for any damage to a User’s device arising from use of the Website.
12. INTELLECTUAL PROPERTY
12.1 BIZFUNDING® is a registered trademark. Unauthorised use of this trademark, or any confusingly similar mark, is prohibited
12.2 All content on the Website, including but not limited to text, graphics, logos, and software, is the intellectual property of BizFunding or its licensors and is protected under applicable South African intellectual property laws.
12.3 Users may not reproduce, copy, distribute, adapt, or exploit any content from the Website without the prior written consent of BizFunding.
13. DISPUTE RESOLUTION
13.1 In the event of any dispute arising out of or in connection with these Terms or the use of the Website, the parties agree to attempt to resolve the dispute through good-faith negotiation within 10 (ten) business days of the dispute being raised.
13.2 If the dispute is not resolved through negotiation, the parties agree to refer the matter to mediation administered by the Arbitration Foundation of Southern Africa (“AFSA”) or such other mutually agreed mediator, before instituting any legal proceedings.
13.3 If mediation fails, either party may pursue the matter in the competent courts of the Republic of South Africa, subject to clause 15.
14. SEVERABILITY
14.1 If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, and the remaining provisions shall continue in full force and effect.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
15.2 Subject to clause 13, the User consents to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, in respect of any dispute arising from or in connection with these Terms.
16. FORCE MAJEURE
16.1 BizFunding shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to power outages, load shedding, cyberattacks, internet service disruptions, natural disasters, or acts of government.
17. AMENDMENTS
17.1 BizFunding reserves the right to amend these Terms at any time and without prior notice.
17.2 The updated Terms will be published on the Website with a revised “Last Updated” date. Continued use of the Website following publication of any amendment constitutes the User’s acceptance of the updated Terms.
17.3 Users are encouraged to review these Terms periodically.
18. CONTACT DETAILS
For any queries relating to these Terms, data access requests, opt-out requests, or complaints, please contact BizFunding at:
Email: info@bizfunding.co.za
Physical Address: Atrium on 5th, 9th Floor, 5th Street, Sandton, Johannesburg, 2196