Terms and Conditions

Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the Pension Loan Website, Web pages or any part thereof (located at http://pensionloan.co.za) (the “Website”) owned by Ncedani Investments as well as other important legal notices applicable to the end user accessing the Website ("User") or ("You"). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of Your Website usage sessions shall govern the relevant session.

NCEDANI INVESTMENTS WEBSITE LEGAL NOTICE

NCEDANI INVESTMENTS (PTY) LTD

WEBSITE TERMS AND CONDITIONS OF USAGE

The User’s (Your) registration on and/or usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Ncedani Investments . This agreement was last revised on 20 October 2012. You are advised to regularly check these Terms and Conditions for any amendments or updates.

Enquiries regarding the Website: Pension Loan Email

• Enforceability: These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
• Usage: Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the Website. The Website is not intended for persons under the age of 18, and Ncedani Investments does not knowingly collect personally identifiable information from users under the age of 18.
• LIMITED LIABILITY OF NCEDANI INVESTMENTS: THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USAGE OF THE WEBSITE AND RELIANCE ON THE WEBSITE CONTENT IS AT THE DISCRETION AND RISK OF THE USER. NCEDANI INVESTMENTS, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE WEBSITE. NCEDANI INVESTMENTS SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, NCEDANI INVESTMENTS TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND THE CONTROL OF NCEDANI INVESTMENTS.
• No Warranty: The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by Ncedani Investments and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Ncedani Investments makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such Ncedani Investments makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.
• Indemnification of Ncedani Investments: Subject to clause 1.1 above, You agreed to defend, indemnify and hold Ncedani Investments, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
• Unauthorised Use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Ncedani Investments or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Ncedani Investments or which constitutes advertising of goods or services in the absence of written approval from Ncedani Investments . Unauthorised use of this Website may give rise to Ncedani Investments instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
  The caching of the Website shall only be allowed if:

  The purpose of the caching is to make the onward transmission of the content from the Website more efficient;

  The cached content is not modified in any manner whatsoever;

  The cached content is updated at least every 12 (twelve) hours; and

  The cached content is removed or updated when so required by Ncedani Investments.
• Third Party Website Links: Ncedani Investments may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Ncedani Investments does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations.
• Ncedani Investments’s Website Links: The Website may also contain links to other websites which are owned and run by Ncedani Investments and contains, for instance, further information on the offering of goods and services by Ncedani Investments . These links are provided for Your convenience and for the purpose of providing additional information. Your use of the linked Ncedani Investments website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website.
• Applicable Law, Jurisdiction and Arbitration:
  The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.

  In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Cape Town, South Africa and each party hereby consents to the jurisdiction of the courts thereof.

  Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.
• Website Intellectual Property: This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Ncedani Investments and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Ncedani Investments does not own specific content, or such content falls within the public domain, NcedaniInvestments may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to Ncedani Investments’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Ncedani Investments and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
  commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Ncedani Investments or in the case of third party content, the owner of that content;

  claim or convey ownership of Website content either in its entirety or otherwise;

  modify the Website content for the purposes of reposting to other websites;

  alter or remove any trademark, copyright or other notice from the Website content;

  copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or

  frame the Website or any part of the Website
• Unsolicited Commercial Communications: You agree not to collect or use any Personal Information listed on the Website, pertaining to Website: Users, contributors, members, clients and/or executives or advisors of NcedaniInvestments for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.
• Software and Equipment: It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.

NCEDANI INVESTMENTS INFORMATION AND WEBSITE COMPLIANCE

The following table contains further information on Ncedani Investments and represents the information that must be provided by Ncedani Investments to You in compliance with Section 43 of the South African Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 20 October 2012. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.

Enquiries regarding the Website: Pension Loan Email

The full name of Ncedani Investments:	Ncedani Investments (Pty) Ltd, duly registered in terms of the Companies Act (71 of 2008) of South Africa.
Ncedani Investments’s physical address and telephone number:	Quantum street Carpe Diem Building Block C Technopark Stellenbosch 7600
Ncedani Investments’s Website address and e-mail contact address:	Pension Loan Website info@pensionloan.co.za
The registration number ofNcedani Investments:	1995/1117/207
The place of registration:	South Africa
The names of Ncedani Investments’s Members:
The physical address where Ncedani Investments will receive legal service of documents:	Quantum street Carpe Diem Building Block C Technopark Stellenbosch 7600
Alternative Dispute Resolution Code:	Without any restriction on Your rights to pursue legal recourse in the forum of Your choice as per clause 1.9 of the Website Terms and Conditions of Usage, You agree that in the event of a dispute or alleged breach of the terms hereof You will work together withNcedani Investments in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration alternatively the legal forum of your choice.

NCEDANI INVESTMENTS TERMS OF SERVICE – ELECTRONIC TRANSACTIONS

The following section contains the terms and conditions applicable to electronic transactions. You will be subject to the Terms in force at the time that You register and/or engage in an electronic transaction. You are advised to download and store these Terms as well as all other documents in force at the time You engage in an electronic transaction. These Terms were last revised on 19 October 2012. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.

Enquiries regarding the Website: Pension Loan Email

Sign Up/Registration:

Ncedani Investments enables you to sign up online to receive Ncedani Investments ’s services. By signing up: You understand that You are entering into an electronic transaction; You warrant that You have the legal capacity to enter into such transaction and You consent to the terms set out herein

You warrant that all the Personal Information provided by You during the Sign up process is true, correct and accurate. You undertake to provide Ncedani Investments with written notification, to Pension Loan Email , should any of Your Personal Information, required during the sign up process, change

You may modify Your account by updating the Your Account tab on the Newsletter Subscription page. Ncedani Investments will send a link to your email address to modify Your account. It is Your responsibility to apply for the required modification to Your Account and to check Your email and activate the link to modify Your details.

LIMITATION OF LIABILITY: YOU AGREE TO INDEMNIFY NCEDANI INVESTMENTS AGAINST ANY AND/OR ALL CLAIMS, DAMAGES, ACTIONS AND LIABILITIES INCLUDING WITHOUT LIMITATION, YOUR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE TRANSACTIONS ON THE WEBSITE.

NCEDANI INVESTMENTS WEBSITE PRIVACY POLICY

The following provisions contain important information on Ncedani Investments Privacy Policy and include the various consents and permissions provided by You to Ncedani Investments in respect of use of Your Personal Information. This section of the Website Legal Notice was last revised on 20 October 2012. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates as continued use of the Website constitutes Users’ acceptance of the Policy as amended.

Enquiries regarding the Website: Pension Loan Email

• Privacy and Personal Information: Ncedani Investments endeavours to comply with all laws and regulations providing for privacy including, but not limited to, the 1996 South African Constitution and the Electronic Communications and Transactions Act 25 of 2002. For the purpose of this Privacy Policy, Personal Information will be understood in accordance with the definition thereof in terms of the Promotion of Access to Information Act 2 of 2000. Ncedani Investments seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. In addition thereto Ncedani Investments seeks to ensure that all Personal Information is processed in compliance with South African law.
• Information Collection and Use: Ncedani Investments and/or its authorised technology agents collect certain Personal Information from You in connection with Your use of the Website and/or the goods and services provided to You by Ncedani Investments. This information is used to: make Your visit to the Website and/or Your use of the goods and/or services more efficient; provide You with the requested goods and/or services; enable efficient use of the Website; process transactions concluded by You; process electronic communications and transactions; to administer a competition, promotion or survey or similar interactive activity; or to provide You with newsletters or other periodic emails and/or promotional materials. This notice applies to all information collected or submitted on the Pension Loan website.
  The types of personal information collected are: name; company; email address; and phone number. If you wish to refer someone to us, you can submit the person’s contact information. The types of information in this circumstance are: name; company; email address; and phone number.We use your personal information to contact you regarding your request. This information will only be shared with outside parties to the extent necessary to process your request. We use the information you provide about someone else to inform the person of the referral. This information will only be shared with outside parties to the extent necessary to facilitate the referral.

  Demographic information. This may include occupation, education level and age

  Automatic information. Information disclosed by your computer when you visit the website (your Internet Protocol address and the time you visit the site) will be recorded by our site.

  Website Usage: Personal Information is automatically collected in relation to Your visit to the Website; such information includes but is not limited to: Your browser type and version, as well as Your operating system. In addition thereto, the Website does use different types of cookies. Cookies are small files that are placed on a User’s hard drive in order to keep a record of a User’s interaction with the Website. The following type of cookies will be used: cookies which provide web analytics services, flash cookies and other types of cookies. The Ncedani Investments hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. The Information collected is for aggregate purposes only and cannot be used to identify You personally. If you would like to refuse cookies, adjust your browser settings to prohibit being served cookies.

  Account Sign Up for Goods/Services: Ncedani Investments shall retain Your Personal Information submitted for the provision of Ncedani Investments’s services to You, as requested. This Information shall include, but is not limited to, Your: name, email address, telephone number, company name, physical address, VAT number, and financial details. In addition thereto, for the term of your Account with Ncedani Investments, You shall also be subscribed to receive relevant Ncedani Investments electronic communications.

  Return email addresses: Ncedani Investments will only use return email addresses to answer an email received and will not use the email address for any other purpose. Ncedani Investments will not share return email addresses with outside parties.
• Consent to process personal information:
  By providing Ncedani Investments with Your Personal Information for the provision of Ncedani Investments’s services as well as for marketing and promotional purposes, You expressly consent to having Your Personal Information processed in accordance with this Privacy Policy, the Website Terms and Conditions of Usage and the Electronic Transactions Terms of Service, as the aforementioned documents so apply to You. Processing shall include, without limitation, the collection, receipt, recording, organisation, storage updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking, blocking, degradation, erasure, or destruction of information.

  You expressly consent to Ncedani Investments retaining Your Personal Information once your relationship with Ncedani Investments has been terminated for: aggregate, statistical and reporting purposes. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Ncedani Investments to remove and/or delete Your Personal Information entirely, You must notify Ncedani Investments via email at Pension Loan Email

  From time to time, Ncedani Investments may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa, alternatively the country in which You reside and/or operate from. In these circumstances Ncedani Investments will be required to transmit Your Personal Information outside South Africa, alternatively outside the country in which You reside and/or operate from. The purpose of the trans-border flow of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information.
• Credit Check:
  - By agreeing to the T&C’s you have agreed for Ncedani Investments to perform all necessary credit checks.
• Handling of Your Personal information:
  You have the right to correct Your Personal Information as well as to revoke Your consent to the processing of Your Personal Information by Ncedani Investments . You do, however, understand that Ncedani Investments requires Your Personal Information to render the Ncedani Investments services and should You decide to revoke Your consent Ncedani Investments may not be able to provide You with such services.

  In terms of the Promotion of Access to Information Act 2 of 2000 (PAIA), You have the right to request access to any relevant personal data held by Ncedani Investments as the Website owner, and where such access is necessary for the exercise and/or protection of any of Your rights.

  Detailed information on PAIA and the procedure to request access to personal information is available from the website of the Human Rights Commission at www.hrc.org.za.

  You can correct any factual errors in your personally identifiable information by sending us a request. We will take reasonable steps to verify your identity before granting access or making corrections.

  Ncedani Investments will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded; these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms.

  Ncedani Investments will not sell, exchange or transfer Your Personal Information to any third party not required in the provision of Ncedani Investments ’s services unless You have consented thereto.

  We do not collect or hold information on our website from persons we know are under 13. We do not attract information from anyone under 13.

  Should you have questions about this privacy policy please contact us at 021 855 1579 or send us an email at contact@pensionloan.co.za
• Disclosure of Personal Information:
  Records relating to the provision of Ncedani Investments’s services by Ncedani Investments to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Ncedani Investments ’s operational purposes and/or for production as evidence by Ncedani Investments in legal proceedings.

  Ncedani Investments may disclose Your Personal Information under the following circumstances:

  to comply with the law or with legal process;

  to protect and defend Ncedani Investments ’s rights, equipment, facilities, and other property;

  to protect Ncedani Investments against misuse or unauthorised use of the Website and/or goods and/or services; and/ or

  to protect other customers or Website Users or third parties affected negatively by Your actions in use of the goods, services and/or the Website.
• Links to other Web sites: Ncedani Investments accepts no responsibility for the privacy practices of any third party sites that are linked to the Ncedani Investments Website and we suggest a review of the privacy policy of any site visited.
• NCEDANI INVESTMENTS PRIVACY POLICY QUERIES:

  Email	info@pensionloan.co.za
  Tel	021 855 1579
  Fax	086 648 0456

• NCEDANI INVESTMENTS WEBSITE TECHNICAL CONTACTS

  Email	info@pensionloan.co.za
  Tel	021 855 1579

• NCEDANI INVESTMENTS ENQUIRIES CONTACTS

  Email	info@pensionloan.co.za
  Tel	021 855 1579

• NCEDANI INVESTMENTS COMPLAINTS CONTACTS

  Email	info@pensionloan.co.za
  Tel	021 855 1579