At LendPlus we offer fast, simple, and safe short-term loans that you can apply for online in less than 15 minutes (the “Services”). By accessing or using our platform www.lendplus.co.za, or any related platform (collectively, “the Platform”) you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by LendPlus.
LendPlus is a registered credit provider with NCR registration number NCRCP17814.
These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform or our Services. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of LendPlus, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify LendPlus or is an acknowledgement of any fact by you.
The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to all users accessing the Platform for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to LendPlus or its possession.
Our Services and Creating a Profile with Us
Loan Application: Our Platform offers you the ability to apply for a short-term loan and receive your results within 15 minutes of your application. When you receive a loan from us you will be given a pre-agreement statement and quotation for you to consider and approve. Once approved, you will be provided with our credit agreement which must be read in conjunction with these Terms. As long as you have an open loan account with us, you will be subject to these Terms, the pre-agreement statement and quotation and credit agreement at all times.
Creating a Profile: To use the Platform and apply for a loan, we require you to create a profile with us. When applying for a loan, we ask you to complete our online loan application process and provide us with all the requested information.
Profile Features: Once your application is approved, you will have access to your customer profile. In your profile you will be able to pay your account with us, access your statements, view your credit history, and request a settlement letter from us.
Accurate Information: When signing up to our Services you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your profile and account information. Please update your information yourself through your profile or contact us to view or change your personal information provided.
Warranty: By sharing your personal information with us, you warrant that the person using the Platform and Services is you. You are responsible for the information you provide, and all the actions taken. Please see our Privacy Policy for more details on how we use and processes personal information.
Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorized charges to your account.
Ways to Pay
Instalment: When you receive a loan from us, we will calculate and decide the minimum monthly amount payable by you to settle the Loan you receive (“Instalment”).
Payment: To pay your Instalment, you may make payments by electronic funds transfer, by debit order, or online. The payment method you choose is at your own risk, and we will only consider a payment to be properly made when we have received the payment and it is credited it to your account.
Allocation of Payment: We will credit each payment made at the date of receipt of the payment, in the following order –
towards any due or unpaid interest;
towards any due or unpaid fees or charges; and
to reduce the amount of the Principal Debt (as defined in the credit agreement).
Early Payment: You are welcome to pay your Instalment before the due date (“early payment”). If you make an early payment, we will credit that amount to your account. If there is any amount outstanding after your early payment this amount will become due and payable on the Instalment date as agreed.
Secure Payments: We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our payment service providers. When using their services, the terms and policies of the various payment service providers will apply to your use of their services.
Responsibilities and Warranties
By using the Platform and/or the Services, you warrant that:
you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
you have not made any misrepresentations and the information provided in the application process about you and/or your status is true, accurate and complete in every aspect;
you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
you lawfully possess and submit all information to LendPlus for the use of the Platform or the Services;
you will not post, upload, replicate or transmit any abusive, obscene or pornographic content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, or in breach of privacy;
you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform or the Services including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
you will not use the Platform/Services for any commercial purpose other than as expressly provided for by LendPlus herein;
you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing us to manifest our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority, or instituting legal proceedings against you.
The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform.
Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform/Services where we believe (in our reasonable discretion) that you are in breach of any of these Term or any other LendPlus agreement or document.
We do not guarantee that the Platform/Services, or any portion thereof, will function on any particular hardware or device.
Messages and Advertising
Data Messages between You and LendPlus
Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.
Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.
We reserve the right not to respond to any email or other message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
Hyperlinks, Deep Links, Framing
The Platform may include links to other websites (“other sites“). LendPlus does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
Intellectual Property and Confidentiality
Platform IP: All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by LendPlus, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
License to Use: All rights to any intellectual property provided by you to the Platform will remain with you, but for which you have provided us with a non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services.
No Copying or Modification: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform and contained within the Services are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, LendPlus and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Platform Changes: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
Third Party Licenses: Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
License to Display: Subject to adherence to the Terms, we grant to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission first being granted.
Confidentiality: All information made available by you to us when applying for our Services will be held in strictest confidence and shall never be disclosed, used, or exploited by us unless such information is already made public, or we are required to disclose same by law or court order. Confidentiality under these Terms will survive the termination of our agreement for any reason.
Indemnities, Disclaimers, And Warranties
Disclaimers
The Platform and Services, including intellectual property appearing therein, are provided “as is” and “as available”. We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
LendPlus, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform or from the Services offered.
LendPlus, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
Indemnities
You indemnify and hold harmless LendPlus, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or concluded through the Platform in any way.
You agree to indemnify, defend, and hold LendPlus harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.
This clause will survive termination of these Terms.
Dispute Resolution
Negotiation: Should any dispute, disagreement or claim arise between you and LendPlus concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
National Credit Act: In line with the requirements of the National Credit Act, if you have a loan with us, you have the right to –
resolve a complaint by way of alternative dispute resolution;
file a complaint with the National Credit Regulator, or
make an application to the National Credit Tribunal;
No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public Platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
Termination of Use
IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF THE PLATFORM AND/OR SERVICES IF YOU BREACH THESE TERMS PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
If you wish to terminate your agreement with us and these Terms, you may do so by following the process set forth in the credit agreement between us. Termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
Notices and Service Address
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
in the case of the user, at the e-mail, cellphone number, and addresses provided to us.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
Physical address: Spaces, V&A Waterfront, Dock Road Junction, Corner of Stanley and Dock Road, Waterfront, Cape Town 8001
Postal address: As above.
General
Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof, unless the parties enter into a credit agreement in which regard the provisions of the credit agreement will prevail over these Terms. Save as contemplated in clause 12.3, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
No Indulgence: No indulgence, leniency or extension of time granted by LendPlus shall constitute a waiver of any of LendPlus’ rights under these Terms and, accordingly, LendPlus shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Governing Law: Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 12.9.
