THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO PARTNERSHIP ACCEPTANCES’S WEBSITE, WEB SERVICE OR MOBILE APP AND TO ANY OF THE SERVICES PROVIDED THEREFROM.

BY CONTINUING TO ACCESS AND MAKE USE OF PARTNERSHIP ACCEPTANCES’S WEBSITE, WEB SERVICE OR MOBILE APP, YOU WARRANT THAT:

1. YOU HAVE READ THESE TERMS AND CONDITIONS; 

2. YOU UNDERSTAND THE RIGHTS AND OBLIGATIONS SET OUT IN THESE TERMS AND CONDITIONS;

3. IF YOU ARE ACCESSING THIS WEBSITE, WEB SERVICE OR MOBILE APP IN A REPRESENTATIVE CAPACITY, THAT YOU ARE DULY AUTHORISED TO ACT ON BEHALF OF THE PERSON (LEGAL / NATURAL) YOU REPRESENT; 

4. YOU, AND WHERE APPLICABLE THE PERSON YOU REPRESENT, AGREE TO BE CONTRACTUALLY BOUND BY THE TERMS AND CONDITIONS THAT APPEAR IN THE LATEST VERSION OF THESE TERMS OF USE, AS PUBLISHED ON PARTNERSHIP ACCEPTANCES’S WEBSITE, WEB SERVICE OR MOBILE APP AT THE TIME OF EACH ACCESS BY YOU; AND 

5. YOU GRANT TO PARTNERSHIP ACCEPTANCES THE RIGHTS SET OUT IN THESE TERMS AND CONDITIONS.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS THAT APPEAR IN THESE TERMS OF USE, YOUR ONLY RIGHT OR REMEDY IS TO DISCONTINUE ACCESSING THE PARTNERSHIP ACCEPTANCES, WEB SERVICE OR MOBILE APP AND MAKING USE OF ANY OF THE SERVICES PROVIDED THEREFROM

6. DEFINITIONS

“authorisations” means all licenses, permits, or approvals of whatsoever nature required by you in terms of any regulatory provision to enable you to exercise your rights and fulfill your obligations under these Terms of Use.

“PA”, “PA Group of Companies”, “our”, “us”, or “we” means, as indicated by the context, any of the following companies:

Partnership Acceptances (PTY) LTD 2003/017398/07 partnershipacceptances.com pabridgingfinance.co.za and any of their holding companies, subsidiaries, as well as subsidiaries of their holding companies from time to time, as the case may be.

“PA staff” means any of PA’s directors, employees, agents, contractors and/or consultants, as the case may be.

“material” means the content, trademarks, copyrights, data, and other material, including but not limited to, information, files, folders, text, documents, graphics, logos, icons, hyperlinks and designs on our website, web service or mobile app.

“regulatory provision” means, collectively, any applicable laws, regulations, ordinances, directions, orders, decrees, policy directives and standards of the South African Government and any other competent authority, which in any way affect or apply to you, your access to the PA’s website, web service or mobile app and/or use of the services.

“services” means any of the services provided by us via PA’s website, web service or mobile app; e.g. information system services and/or intermediary services (as defined in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)).

“Terms and Conditions” means that part of the contract between you and PA, as recorded by the terms and conditions set out in this document.

“transaction” means an electronic transaction, including the provision and/or storage of information.

“You” and/or “your” means you, the person (natural and/or legal) accessing our website, web service or mobile app and/or making use of the services, and includes the person you represent in any transaction when making use of the services.

7. OTHER TERMS THAT MAY TAKE THE PLACE OF THESE TERMS AND CONDITIONS

Should any of the terms of these Terms and Conditions conflict with any of the terms contained in any other written agreement you may have concluded, by means of handwritten signatures, with PA, then those terms, to the extent where there is a conflict, contained in the signed agreement shall prevail.

NO TERMS AND CONDITIONS CONTAINED ON YOUR PURCHASE ORDER, ORDER ACCEPTANCE FORMS AND/OR INVOICES SHALL APPLY TO, SUPPLEMENT OR SUPERSEDE ANY TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS.

8. CONSENT TO PROCESSING PERSONAL INFORMATION

IN TERMS OF ANY APPLICABLE DATA PROTECTION REGULATORY PROVISIONS (E.G. THE PROTECTION OF PERSONAL INFORMATION ACT, 2013):

• WHERE IT IS REQUIRED FOR PARTNERSHIP ACCEPTANCES TO PROCESS PERSONAL INFORMATION/DATA OF ANOTHER PERSON ON YOUR BEHALF, YOU WARRANT THAT THE DATA SUBJECT CONCERNED HAS CONSENTED TO PARTNERSHIP ACCEPTANCES DOING SO;

• WHERE IT IS REQUIRED FOR PARTNERSHIP ACCEPTANCES TO PROCESS YOUR PERSONAL INFORMATION/DATA, YOU CONSENT TO PARTNERSHIP ACCEPTANCES DOING SO

9. SERVICES

We will perform the services selected by you with reasonable skill and care. You confirm that the scope of the services are sufficient for your requirements.

IT IS AT ALL TIMES YOUR RESPONSIBILITY TO ENSURE YOUR SELECTION OF EACH SERVICE MADE AVAILABLE FOR USE THROUGH OUR WEBSITE, WEB SERVICE OR MOBILE APP IS UP TO DATE AND IN ACCORDANCE WITH YOUR REQUIREMENTS. YOU AGREE TO INFORM US TIMEOUSLY IN WRITING OF ANY CHANGES IN YOUR REQUIREMENTS AND WHICH SERVICES ARE REQUIRED TO BE ADDED TO OR DELETED FROM YOUR ACCOUNT. FAILURE TO DO SO WILL RENDER YOU LIABLE FOR THE CHARGES FOR SERVICES YOU ARE POTENTIALLY NO LONGER MAKING USE OF.

Certain of the services made available for use through our website, web service or mobile app may be governed by license terms that establish a separate binding contract with the respective licensor. You agree to indemnify us against any breach of these license terms by you. We give no warranty and make no representation, be it express or implied, as to the quality or fitness for purpose of such services, and any remedy you seek to enforce shall be governed by the license agreement with the licensor.

10. YOUR CONDUCT & MATERIAL ON OUR WEBSITE, WEB SERVICE OR MOBILE APP

In making use of the services offered by us, you may, from time to time, any material that belongs to you. You retain full ownership of this material, and we don’t claim any ownership to it. You do however give us permission to do those things we deem necessary to be able to provide the services, which includes the choices we make to technically administer the services (e.g. backing up and storing data). This permission also extends to our third-party service providers we work with to provide the services.

While using the services, you are, and at all times remain, solely responsible for:

• your conduct;

• the content of your material;

• maintaining and backing up your material;

• loss or corruption of any of your material;

• your electronic communications;

• what you copy, share, upload, download or otherwise use/share with others;

and you agree to indemnify, defend and hold us harmless against all legal costs, charges, loss or damage which we may sustain as a result of any of the aforesaid for which you are responsible whilst using our services.

11. ACCEPTABLE USE OF THE PA WEBSITE, WEB SERVICE OR MOBILE APP

YOU ACKNOWLEDGE AND AGREE NOT TO MISUSE OUR WEBSITE, WEB SERVICE OR MOBILE APP.

In this regard you may not, without limitation:

• infringe the intellectual property rights, including copyright, of others;

• copy, upload, download, or share any material unless you have the lawful right to do so;

• probe, scan, or test the vulnerability of the PA website, web service or mobile app, including any of our other systems and/or networks;

• breach or otherwise circumvent any security or authentication measures;

• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the services offered;

• plant malware, spyware or otherwise use the services to distribute malware or spyware;

• access or search the services by any means other than our publicly supported interfaces (for example, “scraping”);

• send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

• publish anything that is fraudulent, misleading, or infringes another's rights;

• promote or advertise products or services other than your own without appropriate authorisation;

• impersonate or misrepresent your affiliation with any person or entity;

• publish or share materials that is pornographic, obscene or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

• violate any applicable regulatory provision in any way, or to violate the privacy of others, or to defame others.

12. LINKS TO & FROM OTHER WEBSITES, WEB SERVICES OR MOBILE APPS

Links to third-party websites, web services or mobile apps on our website, web service or mobile app are provided solely as a convenience to you. If you use these, links, you will leave our website, web service or mobile app and/or our secure environment. We have not reviewed any or all of these third-party websites, web services or mobile apps and do not control and are not responsible for any of these websites, web services or mobile apps or their content. Thus, we do not endorse nor make any representations about them, or any information, software or other services or materials found there, nor any results that may be obtained from using them. If you decide to access any of the third-party websites, web services or mobile apps, you do so entirely at your own risk. Unless you have received our prior written permission, you shall not establish a hyperlink, frame, metatag, or similar reference, electronically or otherwise, to our website, web service or mobile app.

13. THIRD PARTY PRODUCTS AND / OR SERVICES

THE SERVICES OFFERED ON OUR WEBSITE, WEB SERVICE OR MOBILE APP MAY ENTAIL FACILITATING/BROKERING ACCESS TO PRODUCTS AND/OR SERVICES OFFERED BY VARIOUS THIRD PARTIES WE WORK WITH (E.G. BANKS, CREDIT BUREAUS, BRIDGING FINANCE SERVICE PROVIDERS), WHICH THIRD-PARTY PRODUCTS AND/OR SERVICES ARE SUBJECT TO SEPARATE PROCEDURES AND/OR APPROVALS CRITERIA THAT HAVE NOTHING TO DO WITH US (E.G. DETERMINING CREDIT-WORTHINESS). IN THESE INSTANCES, WE HAVE NO AUTHORITY TO BIND THESE THIRD PARTIES TO YOU, NOR DO WE PURPORT TO DO SO.

All information regarding any third-party products and/or services referred to on our website, web service or mobile app, including information of the terms and conditions applicable to such third-party products and services, interest rates or any other matter, are for information purposes only and subject to change without notice.

The final terms and conditions which will apply to you in respect of any product or service will be those set out in the written document(s) issued to you by the applicable third-party provider at the relevant time. You will most likely be required to sign such document(s) confirming your acceptance of the terms and conditions contained therein. Those terms and conditions will establish a separate binding contract between you and a third-party concerned.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS AGAINST ALL LEGAL COSTS, CHARGES, LOSSES OR DAMAGES ARISING FROM ANY BREACH BY YOU OF ANY APPLICABLE THIRD-PARTY TERMS AND CONDITIONS. WE GIVE NO WARRANTY AND MAKE NO REPRESENTATION, BE IT EXPRESS OR IMPLIED, AS TO THE QUALITY OR FITNESS FOR PURPOSE OF SUCH THIRD-PARTY PRODUCTS OR SERVICES, AND ANY REMEDY YOU SEEK TO ENFORCE SHALL BE GOVERNED BY THE AGREEMENT WITH THE THIRD-PARTY CONCERNED

14. INTELLECTUAL PROPERTY RIGHTS

At all times, all right, title and interest in and to our materials remains vested in us (i.e. belongs to us) and/or our licensors and/or suppliers, as the case may be, and are copyrighted and protected by regulatory provisions. These materials may not be copied, reproduced, modified, published, uploaded, posted to other websites, web services or mobile apps or otherwise distributed in any way, without our prior written permission. Save as expressly provided for herein, we and/or our licensors and/or our suppliers do not grant any right to you to use or reproduce the materials. All our rights in this regard are and remain reserved.

15. ELECTRONIC COMMUNICATIONS

When you make use of any of the services and/or send e-mails to us, you consent to receiving communications, from us electronically, and agree that all agreements, notices, disclosures, and other communications sent to you by us satisfy any legal requirements including, but not limited to, a requirement that such communications should be “in writing”.

16. COMPLIANCE WITH LEGISLATION

You shall at your own risk and expense procure all authorisations that you may require in order to access the Partnership Acceptances website, web service or mobile app and/or make use of the services. We do not make any representations, nor do we give any warranties or guarantees of any nature whatsoever in relation to any authorisations, including the granting thereof and whether required by us or any other third-party.

You agree to comply, at all times, with all authorisations and regulatory provisions, as well as the terms, standards and requirements prescribed by any regulatory provision or any competent authority which may be applicable from time to time in respect of the services. You agree to indemnify us against any breach by you of the aforesaid authorisations and regulatory provisions.

17. DISCLAIMER & RISK

THE USE OF THIS PARTNERSHIP ACCEPTANCES WEBSITE, WEB SERVICE OR MOBILE APP AND SERVICES, AND THE CONTENT CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO YOUR USE OF OUR WEBSITE, WEB SERVICE OR MOBILE APP, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE PARTNERSHIP ACCEPTANCES WEBSITE, WEB SERVICE OR MOBILE APP WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE AND ERROR-FREE NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT YOUR USE OF OUR WEBSITE, WEB SERVICE OR MOBILE APP AND SERVICES REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW

18. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE, OUR LICENSORS, OUR SUPPLIERS, THE PARTNERSHIP ACCEPTANCES STAFF, AND ANY OTHER COMPANY FORMING PART OF THE PA GROUP OF COMPANIES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF OUR WEBSITE, WEB SERVICE OR MOBILE APP OR THE SERVICES, AS SET FORTH BELOW.

UNDER NO CIRCUMSTANCES ARE WE, OUR LICENSORS, OUR SUPPLIERS AND THE PA STAFF LIABLE, WHETHER IN CONTRACT, WARRANTY, DELICT, VICARIOUS LIABILITY OR ANY OTHER FORM OF LIABILITY WHATSOEVER, FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITE, WEB SERVICE OR MOBILE APP AND/OR THE SERVICES, EVEN IF WE, OUR LICENSORS, OUR SUPPLIERS, AND THE PARTNERSHIP ACCEPTANCES STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS, DISSATISFACTION OR OTHER GRIEVANCE WITH OUR WEBSITE, WEB SERVICE OR MOBILE APP AND/OR THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.

19. CHOICE OF LAW, JURISDICTION & COSTS

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings arising out of or relating to these Terms and Conditions will be subject to the jurisdiction of the South African courts.

IN THE EVENT WE NEED TO INSTRUCT ATTORNEYS TO PROTECT OR ENFORCE ANY OF OUR RIGHTS AGAINST YOU IN TERMS OF THESE TERMS AND CONDITIONS, AND SHOULD WE BE AWARDED COSTS BY AN ARBITRATOR OR COURT, YOU AGREE YOU ARE RESPONSIBLE FOR AND UNDERTAKE TO REIMBURSE US SUCH COSTS ON AN “ATTORNEY-AND- OWN-CLIENT” BASIS, AS PER THE MANDATE BETWEEN US AND OUR ATTORNEYS.

20. ADDRESS FOR LEGAL PROCESS

We choose the following address and email at where we will accept service of court papers, among other documents (i.e. our chosen domicilium citandi et executandi):

Physical address:

c/o Partnership Acceptances

P O Box 100

Noordhoek, 7985

Cape Town

Republic of South Africa

Email: credit@partnershipa.co.za

We may change the above details by updating these Terms and Conditions from time to time. Please ensure you use the address and email that appear in the version of these Terms and Conditions published on the PA website, web service or mobile app at the time you intend to serve court papers or other documents.

21. INVALID, VOID & UNENFORCEABLE TERMS

Should any term herein be deemed invalid, void or unenforceable either in its entirety or in a particular application, such shall be severable, whilst the remainder of these Terms and Conditions shall nonetheless remain in full force and effect.

22. NO WAIVER

Any failure or delay by us at any time to require performance of any of the terms hereof shall in no manner or time be construed as a waiver by us of our rights, nor shall such affect our rights at a later time to enforce the same.

23. NO VARIATION

No alteration, variation, or consensual cancellation of these Terms and Conditions, including this clause, shall be of any force or effect, unless it is recorded in writing and signed (as defined further on) by both you and PA; “signed” referring to either a hand-written signature, or an “advanced electronic signature” as defined in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).

24. QUERIES

Any queries regarding these Terms and Conditions must be directed to our legal department on +2721 789 0094 or credit@partnershipa.co.za

25. ECT ACT INFORMATION (ACT No 25 of 2002)

Company name: See definition of “PA” in clause 1 above.

Registration number: See definition of “PA” in clause 1 above.

Physical address: 1 Chapmans Peak Drive, Chapmans Peak Estate, Noordhoek, 7985, Republic of South Africa

Postal address: PO BOX 100, Noordhoek, 7985, Republic of South Africa

Website address: See definition of “PA” in clause 1 above

Email address: credit@partnershipa.co.za

Telephone number: +2721 789 0094