Terms & Conditions
1. The Role of
FundingAxis
FundingAxis is a division of Economic Solutions Africa (Pty) Ltd with registration number 2015/068218/07 (“FundingAxis”) is the owner of an online independent and impartial business funding platform located at the domain of www.fundingaxis.com ("the Platform") with such services as displayed and offered on the Platform.
The terms "user", “you" and “your” are used interchangeably in these Terms and refer to any and all persons accessing the Platform for any reason whatsoever.
FundingAxis IS NOT a financial services provider nor is it registered with the Financial Services Board or National Credit Regulator. FundingAxis does not offer any financial advice regarding any financial products but does offer certain helpful information regarding financing products available to businesses in South Africa.
FundingAxis further declares that although FundingAxis generates profits from successful financing transactions generated from the Platform it remains impartial from all financial applications which emanated from the Platform.
FundingAxis further does not at any stage guarantee, implies or warrants that your application will be successful at any lender to which your application is sent to and all applications and information provided are sent to the approved lenders displayed on the Platform for their SOLE consideration.
FundingAxis has no direct affiliation or shareholding in and to any lender displayed on the Platform and was merely created to possibly connect businesses with potential lenders.
2. The Platform
The terms of use as displayed in this document ("the Terms") govern use by all users of the Platform. By accessing and using the Platform, you unconditionally agree to be bound by these Terms, which constitute a binding agreement between you and FundingAxis and through your ongoing use of the Platform undertake that you have read and that you understand the Terms set out herein.
FundingAxis' services as displayed on the Platform, which are provided at no charge does not constitute an offering or third-party services to products or services to individuals. FundingAxis reserves the right to update or amend these Terms at any time and without notice to any customers and your ongoing use or interaction with the Platform constitutes your acceptance of the updated terms.
A certificate signed by a director of FundingAxis will be prima facie proof of the date of publication and content of the current version and all previous versions of these Terms.
The user further agrees that no information, service delivery, or interaction with third parties shall be regarded as any services, information of, or interactions with FundingAxis for any reason whatsoever.
3. Copyright & Intellectual Property
All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, code, copyright (as well as the organisation and design of the Platform together with the underlying software and source code (“the Intellectual Property”) are owned by FundingAxis, its shareholders, associates and/or partners, whether directly or indirectly, and as such, you are prohibited from using, adapting, reselling, purporting to own, modifying same without the express written consent of FundingAxis.
Subject to the rights afforded to you in these Terms, all other rights to all the Intellectual Property on the Platform and related to the Platform are expressly reserved. No user may copy, print, publish modify, alter, download, broadcast, distribute, sell or transfer any Intellectual Property, published articles, graphics, advertising material or other material on the Platform, without the written consent of FundingAxis first being granted, which consent may be refused at the discretion of FundingAxis.
FundingAxis reserves the right to make improvements or changes to the Intellectual Property, information, artwork, graphics and other materials on the Platform at any time without notice.
The copyright in all information, contracts, material and logos vesting in FundingAxis and its licenses, approvals and certificates shall continue to vest in FundingAxis and no right, title or interest in any proprietary material or information contained in this website is granted to you hereunder.
The Platform may include technical, typographical or other inaccuracies. Changes may be added to the information herein or as displayed on the Platform and these changes will be incorporated on the Platform.
4. Independent
Platform & Services
The Platform and FundingAxis does not provide financial advice to their users nor is it directly affiliated with any of its lenders. Although FundingAxis provides information regarding certain financial opportunities available to businesses it does not act as an advisor nor financial services provider and users are encouraged to still seek independent advice from other sources and still do their own research regarding financing options available to them.
FundingAxis expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this Platform without notice or to change the provisions of these terms. Accordingly, the information on the Platform is not intended to constitute legal, financial, accounting, tax, structural investment, consulting or other professional advice or services and no third-party services displayed on the platform of such third party/ies’ websites are offered by FundingAxis.
FundingAxis and the Platform is independent from any of its lenders and/or partners.
5. Receipt &
Transmission of
Information & Data
You agree and acknowledge that any messages sent through the internet by or to FundingAxis cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. You therefore agree that FundingAxis is therefore not responsible for the accuracy of any message sent by email or the Services through the internet, whether from FundingAxis to a user or from a user to FundingAxis or any information transmitted by you, that could be or was compromised.
FundingAxis shall not be liable for any loss, harm or damage suffered by you as a result thereof. FundingAxis reserves the right to request independent verification of any information transmitted via e-mail or uploaded via the Platform and you consent to such verification should FundingAxis deem it necessary.
The Platform may include links to other providers or websites or pages as the case may be (“external sites"). FundingAxis is not responsible for any information, material, products or services contained on or accessible through the external sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites and the user acknowledges that it accesses such external sites at its own risk.
FundingAxis requests that no unsolicited confidential or proprietary information be sent to FundingAxis. Any information or material sent to FundingAxis will be deemed not to be confidential and shall be sent or submitted at your own risk, unless otherwise agreed in writing by FundingAxis.
6. Privacy
Please note our Privacy Policy, which must be read as if expressly recorded herein and is deemed to be read and accepted by your use or interaction with the Platform.
7. Disclaimers
The Platform, including any intellectual property appearing therein, is provided "as is" and "as available". FundingAxis makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of the Platform and any information displayed thereon or the information contained in it.
FundingAxis, 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 the on the Platform or any subsequent transactions resulting therefrom.
FundingAxis, 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, altering, use and offering of the Platform, and access to, or use of, the Platform or any services offered through FundingAxis (including by third-parties) in any manner and you are accordingly indemnify us unconditionally in relation thereto.
FundingAxis does 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 viruses or defects of any nature. Your access to and use of the Platform remains solely your own risk and the user should take their own precautions accordingly.
8. Risk, Limitation of
Liability &
Indemnification
Your use of this Platform and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. Neither FundingAxis, its partners (including any lenders) or their employees, affiliates (or their shareholders), agents or consultants will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of this Platform, any services offered by third-parties or the information contained on the Platform.
The user expressly and herewith indemnifies and holds FundingAxis, its shareholders, directors, affiliates, 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 the user’s use or adaptation of the Platform, any services offered by third parties or any transactions which emanated from the Platform, in any way.
The user agrees to indemnify, defend and hold FundingAxis harmless from any direct or indirect liability, loss, claim and expense, including legal fees on an attorney and own client scale, related to FundingAxis’s breach of these Terms.
9. Severability
Each term or clause in these Terms and any portion thereof shall be considered severable and if, for any reason term or clause 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 term or clause hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
10. Applicable Law
The laws of South Africa shall govern these Terms and the use of the Platform.
11. Contact Details
Please visit our Contact Us page to get in contact with us regarding any further questions which you may have.
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