Terms and conditions

Terms of use / Privacy policy

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs the relationship between smartadvance(Pty) Ltd and yourself. If you disagree with any part of these terms and conditions, please do not use our website. It is the responsibility of the user to read the sections below and to ensure that they fully understand the conditions, and by no means will smartadvance or any representative of smartadvance be held accountable for failure by a user to do so. If you have queries or you are unsure of the content, please feel free to contact us before you commence any activity on the website. Also note that accessing each product adds further unique terms and conditions that impacts your relationship with smartadvance. smartadvance promotes responsible lending, please do not expose yourself to credit if you know you cannot afford it.

Definitions and Interpretation. For purposes of the Terms: “Terms” means these terms, consisting of: 1. these terms of use; and 2. any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of this web site); “smartadvance” means smartadvance (Pty) Ltd with Reg No. 2010/015748/07; “Visitor” or “you” means any person who visits this web site. Interpretation. A word defined or assigned a meaning in the Terms will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Terms. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Terms will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated in the Terms, when any number of days is prescribed in the Terms the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. Central African Time or GMT +2 will be used to calculate any times. Conflict. If there is a conflict of meaning between these terms of use and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of the web site.

About smartadvance. This web site is owned, managed, and administered by smartadvance. smartadvance is situated at The Wedge, 43 Garsfontein Road, Waterkloof, Pretoria, 0045, and is a business that specializes in extending credit through virtual means such as the Internet. smartadvance is fully compliant with the credit legislative requirements of South Africa and promotes responsible lending. smartadvance also strives to provide superior administration and management of client accounts. Use of the site. License to use this web site. smartadvance grants each Visitor a limited, revocable license to use this web site subject to the Terms. Any person wishing to use this web site contrary to the Terms must obtain the prior written consent of smartadvance. The information offered on this web site is for the Visitor’s guidance only. The information offered is for quotation purposes only, and is subject to change on final submission of an application. smartadvance has taken every care to ensure that the information provided on this web site is reliable by using sources we believe to be accurate. However, the accuracy of the information (including rates, fees, and charges),cannot be guaranteed. Sufficient particulars. In order for smartadvance to provide a Visitor with appropriate advice and / or quotations on products, it is important that a Visitor provides smartadvance with sufficient particulars of their financial affairs. Failure to make a full disclosure could result in smartadvance’s advice being compromised and may result in a Visitor thus making a financial commitment to a product inappropriate to their needs and objectives. Framing. No person, business, or web site may frame this web site or any of the pages on this web site. Linking. Visitor(s) may link to the web site only by linking to the home page of this web site. smartadvance prohibits Visitor from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Visitor by smartadvance or suggests a Visitor is the owner of any intellectual property belonging to smartadvance. Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this web site.

Modify. smartadvance may modify, suspend, or discontinue the provisioning of this web site to the public (with or without notice) and will not be liable for any claims. Furthermore smartadvance also reserves the right to modify the terms and conditions that govern the relationship with users (with or without notice) and will not be liable for any claims that result in terms of such a change. Capacity of Customer. Each Visitor represents and warrants that Visitor : 1. is old enough under applicable law to enter into the Terms; 2. possesses the legal right, full power, and authority to enter into the Terms; 3. will submit true, accurate and correct information to smartadvance and this web site. If Visitor is younger than 18 years of age, the visitor warrants that the Visitor has the consent of its legal guardian to enter into the Terms or that the Visitor has obtained legal status in another manner.

Capacity of Customer. Each Visitor represents and warrants that Visitor : 1. is old enough under applicable law to enter into the Terms; 2. possesses the legal right, full power, and authority to enter into the Terms; 3. will submit true, accurate and correct information to smartadvance and this web site. If Visitor is younger than 18 years of age, the visitor warrants that the Visitor has the consent of its legal guardian to enter into the Terms or that the Visitor has obtained legal status in another manner.

1. INTRODUCTION

1.1. In this Policy, “we”, “us” and “our” refer to smartadvance (Pty) Ltd, including our subsidiaries, our ultimate holding company and all its direct and indirect subsidiaries (the “Group”). For more information about us, see Section 16

1.2. We are committed to protecting your privacy.

1.3.

This Policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users. A data controller determines the purposes and means of the processing of the personal data it receives.

2. APPLICATION OF THIS PRIVACY POLICY

2.1. This Policy applies to all our websites and platform.

2.2. By submitting your details and/or using the website you accept the terms and conditions of the Policy and explicitly consent to the collection, use and disclosure of your personal information in the manner described below.

2.3. Our websites may provide links to third-party websites for your convenience and information.

2.4. If you access those links, you will leave our websites. We do not control those sites or their privacy practices, which may differ from our own privacy practices.

2.5. This Policy does not cover any personal data that you choose to give to unrelated third parties.

2.6. We do not monitor or control the information collected by such sites or the privacy practices of any third parties, and we are not responsible for their practices or the content of their sites.

3. CUSTOMER PRIVACY NOTICE

3.1. This Policy explains how we obtain, use, and disclose your personal information, as is required by the Protection of Personal Information Act 4 of 2013, (“POPIA”).

3.2. We are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully, and transparently.

3.3. This Policy sets out:

 

3.3.1. who we are;

3.3.2. what information we collect;

3.3.3. our aim to provide ongoing financial services;

3.3.4. to whom we disclose your information;

3.3.5. how we safeguard your information;

3.3.6. your rights to access and correction of information;

3.3.7. changes to this Policy;

3.3.8. how to contact us; and

3.3.9. the Information Regulator’s contact details.

4. WHO WE ARE

4.1. For more information about us, see Section 16.

5. THE INFORMATION WE COLLECT

5.1. We collect and process your personal information to provide you with access to our services and products, to help us improve our offerings to you and for certain other purposes explained below.

5.2. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.

5.3. We may process the following:

5.3.1. general personal information such as your name, identity number, gender, date of birth, residential address (and address history) and contact details such as your email address and telephone number (and any other telephone numbers you call from);

5.3.2. employment related personal information such as your employment history, education, qualifications, experience, demographic information, geographic location, and salary information;

5.3.3. application information: information you provide to us on applications, including assets, income, and debt;

5.3.4. account information: information such as your bank account, loan or other;

5.3.5. transaction information: information about transactions and account activity such as account balances, payment history, account usage including information about our communications with you, enquiries, and responses;

5.3.6. consumer report information: information from a consumer report, including a credit score and credit history; Information from outside sources: information from outside sources other than consumer report information, loan balances, credit card balances, credit insurance coverage, data from public records, and other verifications by authorised persons or any information you elect to provide;

5.3.7. information obtained through our use of cookies;

5.3.8. telephone recordings (if any);

5.3.9. your marketing preferences; and

5.3.10. identifiers assigned to your device such as your Internet Protocol (IP) address.

5.4. The source of this data is:

5.4.1. from you (or someone duly authorised on your behalf) when:

5.4.1.1. viewing our website (via cookies);

5.4.1.2. using our website to open an account or apply for a product and/or service;

5.4.1.3. contacting us by email, social media, or telephone (calls are recorded);

5.4.1.4. completing customer surveys;

5.4.2. from third parties such as:

5.4.2.1. service providers who:

5.4.2.1.1. help us monitor the ease of use of our website and online account opening process, so we can improve the user experience; and

5.4.2.1.2. help us carry out market research, surveys and business and statistical analysis.

6. HOW WE USE YOUR INFORMATION

6.1. We will use your personal information only for the purposes for which it was collected or agreed with you, for example:

6.1.1. to provide our products or services to you, to carry out the transaction you requested and to maintain our relationship;

6.1.2. to facilitate transactions;

6.1.3. to service, maintain or collect accounts;

6.1.4. for product applications and evaluate your eligibility for such products;

6.1.5. to conduct credit reference searches or verifications;

6.1.6. to conduct credit scoring and assessment, ongoing credit management;

6.1.7. toto perform risk management including credit risk analysis;

6.1.8. to provide security for our clients and employees;

6.1.9. to conduct account verification;

6.1.10. to confirm and verify your identity or to verify that you are an authorised user for security purposes;

6.1.11. for operational purposes;

6.1.12. for purposes of claim checks;

6.1.13. for the detection and prevention of fraud, crime, money laundering or other malpractice;

6.1.14. for debt tracing or debt recovery;

6.1.15. to conduct market or customer satisfaction research or for statistical analysis;

6.1.16. for audit and record keeping purposes;

6.1.17. in connection with legal proceedings;

6.1.18. to comply with legal and regulatory requirements or industry codes to which we subscribe, or which apply to us, or when it is otherwise allowed by law (for example to protect our interests).

7. SHARING INFORMATION WITH OTHERS

7.1. We may disclose your personal data to any member of the Group insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Policy.

7.2. We may disclose your personal data to our Group entities and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

7.3. We may disclose your information to the following third parties:

7.3.1. any firm, organisation or person we use to help us operate our business or to provide a service on our behalf, including providers of our payment systems, debt collection agencies we use to collect payments and recover debts, tracing agents or investigators, and suppliers who monitor use of social media to help us improve our decisions;

7.3.2. any firm, organisation or person who provides us with products or services or who we provide products and services to, including IT suppliers, auditors, marketing agencies, document management providers, tax advisers, post management and print providers, and suppliers who monitor the use of our website and online account opening and application process to help us improve the user experience;

7.3.3. law enforcement agencies to investigate and prevent crime;

7.3.4. law firms or any other organisations we instruct to provide legal advice or assist with legal proceedings;

7.3.5. survey providers and third parties we appoint to carry out market research or business analysis;

7.3.6. our regulators and governmental authorities, ombudsmen, or other authorities, including tax authorities;

7.4. We may also disclose your personal data to other third parties where:

7.4.1. you have provided your consent to share your information with the third party;

7.4.2. the disclosure is required by law or by a regulator with authority over us or you, for example where there is a statutory obligation or court order;

7.4.3. payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries relating to such payments and refunds; or

at your option, and only with your consent, we may also share your information with partner organisations we have chosen carefully, so they can contact you about their products and services.

8. THIRD PARTY LINKS

8.1. The website may contain links to third party websites, or you may be directed to our sites through a third-party website. If you follow a link to any of these websites, please note that these websites have their own terms and privacy policies and that we do not accept any responsibility or liability for them.

8.2. We are not responsible for any representations, information, warranties or content on any website of any third party, we do not exercise control over third parties’ privacy policies and you should refer to the policy of any such third party to see how they protect your privacy.

9. COOKIES

9.1. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

9.2. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.3. Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date. A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.4. We may use cookies for the following purposes:

9.4.1. authentication – we may use cookies to identify you when you visit our website and as you navigate our website;

9.4.2. status – we may use cookies to help us to determine if you are logged into our website;

9.4.3. personalisation – we may use cookies to store information about your preferences and to personalise the website for you;

9.4.4. security – we may use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

9.4.5. advertising – we may use cookies to help us to display advertisements that will be relevant to you;

9.4.6. analysis – we use may cookies to help us to analyse the use and performance of our website and services; and

9.4.7. cookie consent – we may use cookies to store your preferences in relation to the use of cookies more generally.

9.5. Our service providers use cookies, and those cookies may be stored on your computer when you visit our website.

9.6. Managing your cookies and cookie preferences must be done from within your browser’s options/preferences. If you choose not to accept cookies from our Website this may limit its functionalities or performance.

10. ONGOING FINANCIAL SERVICES

10.1. Given our aim to provide you with ongoing financial services, we would like to use your information to keep you informed about other financial products and services which may be of particular interest to you.

10.2. You may give and withdraw consent and tell us what your communication preferences are by contacting us at the numbers/addresses provided below.

10.3. However, please note, if you opt out of receiving marketing emails, we will continue to send you service related (non-marketing) communications, such as payment reminders.

11. INFORMATION SECURITY

11.1. We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information is secure.

11.2. We are committed to implementing leading data security safeguards.

11.3. We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure, or destruction.

11.4. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we will ensure that your information is protected and that they only process your information in the way we have authorised them to. When we contract with third parties, we impose appropriate security, privacy, and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

12. INTERNATIONAL TRANSFER OF DATA

12.1. There will be times when we will process your personal information in other countries for ordinary business purposes or to carry out your instructions. We will only process your personal information with your consent.

12.2. If our servers or suppliers and service providers are based outside South Africa, or if our services are hosted in systems or servers outside South Africa and/or if you use our services and products while visiting countries outside South Africa, we may also need to transfer your information to other entities in the Group or third-party service providers in countries outside South Africa, in which case we will ask the party to whom we transfer your personal information to agree to our privacy principles and practices. This will be included in the relevant contractual agreements.

12.3. We will make sure that your information is protected and enter into appropriate agreements to achieve this.

13. YOUR RIGHTS:

13.1. The right to access personal information

You have the right to establish whether we hold personal information related to you, including the right to request access to that personal information. We will take all reasonable steps to confirm your identity before providing details of your personal information.

13.2. The right to have personal information corrected or deleted

You have the right to request, where necessary, that your personal information must be corrected or deleted where we are no longer authorised to retain the personal information. You may do this by contacting us at the numbers/addresses provided below. We may, subject to any statutory and contractual record keeping requirements, approve the destruction of the personal information.

13.3. The right to object to the processing of personal information

You have the right, on reasonable grounds, to object to the processing of your personal information. In such circumstances, we will give due consideration to the request and the requirements of POPIA. We may cease to use or disclose your personal information and may, subject to any statutory and contractual record keeping requirements, also approve the destruction of the personal information.

13.4. The right to object to direct marketing

You have the right to object to the processing of your personal information for purposes of direct marketing by means of unsolicited electronic communications.

13.5. The right to complain

You have the right to submit a complaint to the Information Regulator regarding an alleged infringement of any of the rights protected under POPIA and to institute civil proceedings regarding the alleged non-compliance with the protection of your personal information.

13.6. The right to query an automated decision

You have the right to query a decision that was made about a product or service that you have applied for and that was made solely by automated means.

14. RETENTION OF INFORMATION

We are obliged to keep your information if we require it for our lawful business purposes or if required by the law. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

 

15. CHANGES TO THIS POLICY

Please note that we may amend this Policy from time to time. Please check this website periodically to inform yourself of any changes.

16. HOW TO CONTACT US

16.1. If you have questions about this Policy or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please contact us at the following numbers/addresses:

16.1.1. smartadvance (Pty) Ltd, a private company duly incorporated under the laws of the Republic of South Africa with registration number: 2010/015748/07.

16.1.2. Our principal place of business is First Floor, the Wedge, 43 Garsfontein Road, Pretoria, Waterkloof, South Africa.

16.1.3. You can contact us on any of the details on our site.

17. INFORMATION REGULATOR

17.1. You have the right to complain to the Information Regulator. The contact details for the Information Regulator is as follows:

17.1.1. Email: inforeg@justice.gov.za

17.1.2. Telephone: 012 406 4818

17.1.3. Fax: 086 500 3351

17.1.4. Website: www.justice.gov.za/inforeg/docs.html

Cookies. A cookie is a small computer file or piece of information that may be stored in your computer’s hard drive when you visit our websites. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience.

Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.

All financial amounts on this website are in South African Rand (ZAR)

Introduction. This website is operated by smartadvance. The terms “we”, “us”, and “our” refer to smartadvance. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

Use of our Website. You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose. including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions. We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

Links to Third-Party Websites. Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any Sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Use Comments, Feedback, and Other Submissions. You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Your Personal Information. Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Errors and Omissions. Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

Disclaimer and Limitation of Liability. You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum permitted by law.

Indemnification. You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement. The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings. Any headings and titles herein are for convenience only.

Severability. If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law. Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or service offered on our website will be resolved in accordance with the laws of RSA without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the RSA, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Questions or Concerns. Please send questions, comments and feedback to us at info@niftycredit.co.za

smartadvance (Pty) Ltd (“smartadvance”) Standard Competition Rules:

  • This competition (“Competition”) is open to all residents of South Africa, subject to the below.
  • smartadvance employees and their immediate families may not participate in the Competition.
  • By entering the Competition, entrants agree to abide by the rules and conditions of the Competition, as set out herein.
  • In order to qualify for this Competition, each entrant must apply, be approved, and paid out a smartadvance loan, and have paid at leave the first two instalments.
  • The winner will be selected through a random draw from all valid entries. Winners will be notified by either telephone; private message on Facebook; or email, and the chosen medium of communication will be chosen by smartadvance in its sole discretion.
  • The winner of the competition will win a 2021 Suzuki S-Presso 1.0 GL 5MT (“prize”) which will not include any optional extras of whatsoever nature.
  • smartadvance shall solely determine specifications and colour of the prize to be won and smartadvance’s decision will be final.
  • The winner will be required to make arrangements for collection of the prize and will be responsible for any loss or damage to the prize from the moment possession is taken of the prize.
  • The winner is required to produce a valid South African Identity document upon acceptance of the prize
  • The winner of the competition will be solely responsible for any licensing, registration and “on the road” fees, fuel, maintenance, servicing, and insurance cover in connection with and/or in respect of the prize.
  • The prize is not transferable nor exchangeable for cash.
  • Smartadvance reserves the right to vary the prize subject to availability and/or limitations of whatsoever nature of the prize. In such an instance, a vehicle of a similar price range shall replace the prize.
  • The judges’ decision is final, and no correspondence will be entered into.
  • Sponsoring parties are not responsible or liable for any loss, damage, claim and/or action in connection with, or resulting from, the entrant’s participation in a smartadvance competition or acceptance of a prize.
  • smartadvance reserves the right to make media announcements and/or publish names and photographs of competition winners. No additional consent shall be required from winners, as winners, through their entry, agree to the use of their name and photograph for marketing purposes via social media, email marketing or SMS. No additional compensation shall be payable to any entrant or winner for use of their name or photograph.
  • No person may win a smartadvance competition more than once in any ninety-day period. Any winner who has won a smartadvance competition in the preceding ninety days will be disqualified from the Competition and another winner will be drawn.
  • The Competition ends at 31 October 2021 15:00 GMT + 2.
  • A winner will be drawn and announced by 30 November 2021.
  • Should smartadvance be unable to contact the winner within 72 (seventy-two) hours of the announcement, the winner will forfeit the prize and a new winner will be drawn by smartadvance (in its sole election).
  • No entrant’s details will be passed on to any third party without the consent of the entrant. For enquiries, contact smartadvance on 012 045 0606 info@smartadvance.co.za

NiftyCredit Sales promotion 20 April – 31 April 2021

  • This competition (“Competition”) is open to all residents of South Africa, subject to the below.
  • employees and their immediate families may not participate in the Competition.
  • By entering the Competition, entrants agree to abide by the rules and conditions of the Competition, as set out herein.
  • In order to qualify for this Competition, entrants must apply, be approved and paid out by 30 April 2021.
  • The Competition runs from 20 April 2021 08:00 GMT + 2 and ends at 30 April 2021 15:00 GMT + 2.
  • Winners will be drawn and announced by the end of the week in which they were approved.
  • The winners will be selected through a random draw from all valid entries. The judges’ decision is final, and no correspondence will be entered into.
  • Winners will receive an SMS with a link where they can redeem their coupons.
  • The value of the prizes not disclosed in marketing material will be at the discretion of smartadvance
  • Winners will be notified by either telephone; private message on Facebook; or email, and the chosen medium of communication will be chosen by NiftyCredit in its sole discretion.
  • Should NiftyCredit be unable to contact the winner within 72 (seventy-two) hours of the announcement, the winner will forfeit the prize and a new winner will be drawn by NiftyCredit (in its sole election).
  • The prize will be delivered directly to the client using the physical details supplied to NiftyCredit.
  • The prize is not transferable nor exchangeable for cash.
  • NiftyCredit reserves the right to make media announcements and/or publish names and photographs of competition winners. No additional consent shall be required from winners, as winners, through their entry, agree to the use of their name and photograph for marketing purposes via social media, email marketing or SMS. No additional compensation shall be payable to any entrant or winner for use of their name or photograph.
  • NiftyCredit and its employees are not responsible or liable for any loss, damage, claim and/or action in connection with, or resulting from the entrant’s participation in a NiftyCredit competition or acceptance of a prize.
  • No person may win a NiftyCredit competition more than once in any ninety-day period. Any winner who has won a NiftyCredit competition in the preceding ninety days will be disqualified from the Competition and another winner will be drawn.
  • No entrant’s details will be passed on to any third party without the consent of the entrant. For enquiries, contact GetBucks on 012 045 0606 or info@NiftyCredit.co.za

Terms and conditions