AGREEMENT
BETWEEN USER AND BondPlus Online
This Web site
is made available to you, (the "User") by BondPlus Online
conditional upon your acceptance without modification, of the terms,
conditions and notices contained in this agreement. Your use of this Web site
constitutes your agreement to all such terms, conditions, and notices.
No offer - invitation to do
business only
I, the User,
acknowledge and understand that neither BondPlus Online nor any of the
financial institutions/Bidding Banks to which BondPlus Online provides my
information ("the Participating Institutions"), by reverting to me,
are making an offer to advance me finance, be it finance which is to be
secured in terms of a mortgage bond over my property ("Mortgage
Finance") or any other form of finance. All that the Participating
Institutions are doing by reverting to me via BondPlus Online is to give me an
indication as to what interest rate they would consider granting me Mortgage
Finance. Their reply constitutes an invitation to do business only.
A binding
agreement between myself and a Participating Institution for the granting of
Mortgage Finance or otherwise will only come into force and effect once I have
agreed to all the Participating Institution's terms and conditions and have
signed the necessary Participating Institution's standard documentation for
the granting of Mortgage Finance or other finance, as the case may be.
True and complete
information
All of the
information which I, the User, have provided in the BondPlus Online Form is
true and complete. I authorise BondPlus Online and any of the Participating
Institutions to which BondPlus Online provides this information to check my
credit and employment history, to answer questions regarding their credit
history with me, and provide that information to credit bureaus. I furthermore
understand that both BondPlus Online and the Participating Institutions may
keep this form, whether I qualify for a loan with a Participating Institution
or not.
Security policy
Although
BondPlus Online has taken reasonable and appropriate measures to ensure that
your personal information is delivered and disclosed only to the Participating
Institutions and BondPlus Online's associates who help ensure the efficient
running of the BondPlus Online Web site and the BondPlus Online process,
BondPlus Online cannot and does not represent nor does it guarantee that the
personal information you provide will not be intercepted by others. In the
unlikely event that your information is intercepted by a third party, BondPlus
Online shall incur no liability to you or anyone else as a result thereof.
Loan origination services
BondPlus
Online is not a lender and does not make loans or credit decisions in
connection with loans.
BondPlus Online's independence
BondPlus
Online does not endorse, recommend or favour the products of any Participating
Institution. BondPlus Online is neither your, the User, nor any Participating
Institution's agent. BondPlus Online's services are administrative only. Once
put in contact with a Participating Institution, you should rely on your own
judgment in deciding whether that Participating Institution's loan product
best suits your needs and financial means. The Participating Institution you
select is solely responsible for its services to you, and you agree that
BondPlus Online shall not be liable for any damages or costs of any type
arising out of or in any way connected with your use of such services.
Operation within the
Republic of South Africa ("the Republic")
This Web site
and the services provided by BondPlus Online are available only in connection
with those Participating Institutions which are located in the Republic,
alternatively which are licensed in terms of South African Law to grant
Mortgage Finance. Furthermore, such Participating Institutions require that
the security against which they advance Mortgage Finance must take the form of
immovable property located within the Republic. Should a Participating
Institution decide to advance Mortgage Finance to Users who are not resident
within the Republic, but who have or wish to acquire immovable property within
the Republic, such advance shall be in accordance with the relevant laws of
the Republic, in particular the applicable Exchange Control Laws and
Regulations. The Participating Institutions are not attempting to make loans
be it for Mortgage Finance or otherwise outside of their authorised country by
participating in and offering their products on this Web site.
Reply to BondPlus
Online Form by the Participating Institutions
BondPlus
Online does not in any way make any representations, be it express or implied,
concerning the terms and conditions upon which a Participating Financial
Institution may consider making a loan to the User, be it for Mortgage Finance
or otherwise. BondPlus Online does not make any representation, be it express
or implied, nor does it guarantee that any of the Participating Institutions
will revert to the User in response to the User's BondPlus Online Form.
Irrespective of whether or not the Participating Institutions have replied to
a User's BondPlus Online Form (be it before or after the 48 hour period or not
at all), the Participating Institutions reserve the right to contact the User
directly or via BondPlus Online in order to try and better any offer made to
the User for Mortgage Finance by any other institution, be it by a
Participating Institution or not. Should a Participating Institution grant the
User Mortgage Finance pursuant to such contact, BondPlus Online shall be
entitled to its commission (see paragraph 11 headed "Commission"
below) as a result of having introduced the User to such Participating
Institution.
Loan approval criteria and
terms and conditions
The loan
approval standards and criteria are established and maintained solely by the
individual Participating Institutions. Should a Participating Institution
reply to a User's BondPlus Online Form and in their reply thereto set out the
terms and conditions or rates at which they would be prepared to consider
advancing the User Mortgage Finance, BondPlus Online makes no representation,
be it express or implied, nor does it guarantee that such rate or terms and
conditions are the best terms or lowest rates available in the market.
Participating Institution's
reply does not constitute an offer
Nothing
contained herein or on the BondPlus Online web page or elsewhere shall
constitute an offer or promise by BondPlus Online or from any of the
Participating Institutions for the granting of finance, be it for Mortgage
Finance or any other loan commitment, interest rate lock-in agreement or
otherwise. All that BondPlus Online undertakes to do is forward the User's
information to the Participating Institutions. The Participating Institutions
will then, at their sole discretion, revert to the User with an indication,
primarily of the interest rate, at which they will consider granting the User
Mortgage Finance. The reply from the Participating Institution constitutes an
invitation to do business with the User only. A binding agreement for Mortgage
Finance or otherwise shall only come into force and effect once the User has
signed the relevant Participating Institution's loan documents.
Commission
BondPlus
Online is a free service to you, the User. However, should a Participating
Institution grant you Mortgage Finance, BondPlus Online is paid a commission
by the Participating Institution concerned for BondPlus Online's facilities
and services as a computerised loan origination system and loan broker. The
commission is paid not by the User, but by the Participating Institution in
whose favour the mortgage bond is registered. Your use of this Web site
constitutes agreement with this compensation arrangement.
Copyright and trademark
notices
All
intellectual property contained in this Web site is owned by BondPlus Online
and/or its affiliated organisations and/or the Participating Institutions
including those organisations which may be advertised on this Web site
(collectively "the Participants") and such property is protected by
copyright and/or trademark laws. BondPlus Online.co.za is also a registered
domain name. Other product and company names mentioned or advertised on the
BondPlus Online Web site, including the names of the Participating
Institutions, may be the trademarks of their respective owners. All of the
Participant's rights are strictly reserved.
Disclaimers and limitations
BondPlus
Online intends that the information contained in the BondPlus Online Web site
be accurate and reliable, however, errors sometimes do occur. In addition,
BondPlus Online may make changes and improvements to the information provided
therein at any time. This web site and any information, software, products and
services associated with it are provided "as is." BondPlus Online
and/or the Participating Institutions disclaim any warranty of any kind,
whether express or implied, as to any matter whatsoever relating to the
BondPlus Online Web site and any information, software, products and services
provided therein, including without limitation, the implied warranties of
merchantability, fitness for a particular purpose, title, and non
infringement.
Use of the
BondPlus Online Web site is at your own risk. BondPlus Online and/or the
Participating Institutions are not liable for any direct, indirect, punitive,
incidental, special or consequential damages or other injury arising out of or
in any way connected with the use of this Web site or with the delay or
inability to use the Web site, or for any information, software, products and
services obtained through the Web site, or otherwise arising out of the use of
the Web site, whether resulting in whole or in part, from breach of contract,
delictual/tortious behavior, negligence, strict liability or otherwise, even
if BondPlus Online and/or its suppliers and/or the Participating Institutions
had been advised of the possibility of damages or ought reasonably to have
known of the possibility of damages.
In particular,
BondPlus Online shall not be held liable in the event of the Participating
Institutions not replying to your BondPlus Online Form, and if one or more of
them do reply, BondPlus Online does not make any representation with regard to
the accuracy or otherwise of the information contained in such reply. It is
understood that the decision to reply to a BondPlus Online Form lies solely
with the Participating Institutions. Should they decide to reply, the nature
and accuracy of the information contained therein is their responsibility and
within their sole control.
The views and
opinions expressed in any news articles in the Property News page or which
appear elsewhere on the BondPlus Online Web site are not the views or opinions
of BondPlus Online nor are they endorsed by BondPlus Online or the
Participants. In addition, should you intend relying on any advice given in
the Advice Page or elsewhere on the BondPlus Online Web site, we recommend
that you obtain the appropriate professional advice before doing so. BondPlus
Online and the Participants cannot be held liable for any defamatory matter
which may be accessed using the BondPlus Online Web site, nor shall it be
liable for any damages which you may suffer as a result of any incorrect or
inappropriate advice given or accessed using the BondPlus Online Web site.
Indemnity
As a condition
of use of this Web site, you agree to indemnify BondPlus Online and its
Participating Institutions from and against any and all liabilities, expenses
(including attorneys' fees on the attorney and own client scale) and damages
arising out of claims made against BondPlus Online or the Participating
Institutions resulting from your use of this Web site, including without
limitation, any claims alleging facts that if true would constitute a breach
by you of this agreement.
Links to third parties
This Web site
may contain links to Web sites maintained by third parties. Such links are
provided for your convenience and reference only. BondPlus Online does not
operate or control in any respect any information, software, products or
services available on such Web sites. BondPlus Online's inclusion of an
advertisement or a link to a Web site does not imply any endorsement of the
site or advertisement, its contents, the services offered in terms thereof or
its sponsoring organization.
Errors and delays
BondPlus
Online is not responsible for any errors or delays in responding to a BondPlus
Online Form be it caused by technical problems, an incorrect e-mail address
provided by the User or otherwise.
General
This agreement
shall be governed by and construed under and in accordance with the laws of
the Republic of South Africa. You hereby consent, in terms of section 45 of
the Magistrates' Court Act 32 of 1944 to the jurisdiction of the Magistrate's
Court otherwise having jurisdiction in respect of any action to be instituted
against you by BondPlus Online in terms hereof.
It shall
nevertheless be entirely within the discretion of BondPlus Online as to
whether to proceed against you in such Magistrate's Court or any other court
having jurisdiction. Use of this Web site is unauthorised in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
This agreement
constitutes the entire agreement between you and BondPlus Online and it
supersedes all prior or contemporaneous communications, promises and
proposals, whether oral, written or electronic, between you and BondPlus
Online with respect to this Web site and information, software, products and
services associated with it.
If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect.
A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. All rights not expressly granted herein are reserved.
privacy@companyname.com
