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Terms and Conditions

Terms & Conditions

  1. General Terms of Use

In the below terms and conditions, any reference to WeApply shall mean WeApply Technologies (Pty) Ltd, a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa, together with any subsidiary to WeApply, provided that subsidiary participates in any manner that is contemplated in these Terms and Conditions.

The laws of the Republic of South Africa regulate these Terms and Conditions.

The WeApply Website is accessible to you, the user, subject to the Terms and Conditions as set out below. Your access and/or use of this website, constitutes your deemed acceptance of these Terms and Conditions.

WeApply reserves the right to make changes and alterations to these Terms and Conditions, from time to time, as may be required. Such changes and alterations may be made, without prior notice, at any time that WeApply deems necessary. The user is advised to revisit these Terms and Conditions on a regular basis to ensure one is familiar with any changes.

  1. Financial Products

The objectives of WeApply are to operate merely as a facilitator in relation to the Financial Products (“the Financial Products”) offered by participating financial institutions, as referred to on the WeApply Website.

The WeApply Website merely provides links to participating financial institutions (“Third Party Institutions”) allowing the user access to the Financial Products referred to and offered by such Third Party Institution/s. WeApply has no influence or control over and is not responsible for the Financial Products offered by the Third Party Institution and same are subject to their own terms and conditions, as specified by the applicable Third Party Institutions, on their website or otherwise.

WeApply also has no control over, the Third Party Institutions, nor their Financial Products and thus WeApply assumes no responsibility in respect of anything such Third Party Institution offers, advertises, provides nor in respect of the use of same by the user.

The inclusion of any link, information or otherwise to a Third Party Institution and/or its website is solely for the users ease and convenience as well as to serve as a guideline to the user. Such information is subject to change without notice to the user.

  1. Disclaimer

WeApply attempts to ensure that all information provided is accurate and kept up to date, however, WeApply accepts no responsibility for any inaccuracies of whatsoever nature provided in any information on the website.

The use and reliance on any information gained from this website is at the users own risk. The information provided does not purport to represent professional, financial, tax, legal or other advice, and it is recommended that the user refer their matter to the relevant professional for advice adapted to the user’s specific circumstances.

WeApply and its subsidiaries accept no liability, of any kind (other than that which would be illegal to exclude) for any loss or damages, direct or indirect, due to any act or omission arising from information or otherwise obtained by virtue of the access to and/or use of this website.

Any calculations, inclusive of the bond repayment calculations, that are intended to facilitate the user with regard to the WeApply Website, shall be viewed as guidelines only and cannot be considered to represent the exact amount.

  1. Information Transmission

WeApply confirms that it has procedures in place to protect the user’s security and information from being accessed and viewed by third parties during transmission, however, the users attention is drawn to the fact that data transferred via the internet is vulnerable to observation and interference. Access and use of the WeApply Website is done at the user’s own risk. WeApply offers no warranties and shall not be held liable for any damages, loss or injury that the user might endure as a result of the transmission of the user’s information via the website.

  1. Information provided by the User

 The purpose of the WeApply Website is to assist the user in applying for Financial Products provided by Third Party Institutions (“the Financial Products”). As a result, the information provided by the user on the WeApply Website shall be released to the relevant Third Party Institution to allow for the relevant application process to proceed.

The user hereby confirms that when they complete an application for the Financial Products in a joint application for both themself as well as for another person (“co-applicant”), both parties are deemed to have provided the requisite consent for the information to be released to the Third Party Institution. In hereby consenting to these Terms and Conditions, the user confirms that they have obtained the consent of their co-applicant and confirm that the user has brought these Terms and Conditions to the co-applicant’s attention and that they have read the terms and agree to their content. The information disclosed to the Third Party Institution by the user regarding the co-applicant is thus considered to have been consented to by both parties. WeApply accepts no liability for any dispute that may arise between the user and the co-applicant.

The user and/or co-applicant guarantee that the information they submit on the WeApply Website shall be true, correct, up-to-date and comprehensive.

The user hereby specifically consents and confirms that WeApply may use the information provided by them, on the website, to confer information regarding Home Loans and other relevant WeApply products and services, to the user.

  1. Privacy Statement

WeApply is committed to protecting the user’s privacy and developing technology that gives the user the most powerful and safe online experience. This Statement of Privacy applies to the WeApply Website and governs data collection and usage. By accepting the Terms and Conditions of the WeApply Website, you, the user, consent to the data practices described in these terms and conditions.

Collection of your Personal Information

WeApply collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. This is done if the user provides this information to us on the WeApply Website, alternatively, WeApply obtains this information from public record, alternatively, the user consents to WeApply collecting this information from another source i.e. WeApply’s suppliers, alternatively, the collection of such information from another source would not prejudice a legitimate interest of the user.

The user specifically hereby consents to personally identifiable information or personally sensitive data, directly disclosed by the user through the WeApply Website, to be collected and used by others.

Use of your Personal Information

The user consents to WeApply collecting and using the user’s personal information to operate the WeApply Website and deliver the services the user has requested. The user further consents to WeApply using the user’s personally identifiable information to inform them of other products or services available from WeApply and its affiliates. WeApply may contact the user via surveys to conduct research about the user’s opinion of current services or of potential new services that may be offered.

WeApply does not sell, rent or lease its customer lists to third parties. WeApply may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, WeApply may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to WeApply, and they are required to maintain the confidentiality of your information.

WeApply does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

The WeApply Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on WeApply or the site; (b) protect and defend the rights or property of WeApply; and, (c) act under exigent circumstances to protect the personal safety of users of WeApply, or the public.

Contact Information

WeApply welcomes your comments regarding this Statement of Privacy. If you believe that WeApply has not adhered to this Statement, please contact WeApply at info@weapply.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.

  1. Cookies Statement

WeApply’s Website uses small text files which are otherwise known as cookies. These cookies are used to ensure that the user is able to experience the best services that WeApply is able to offer. This statement provides, amongst other things, the user with information regarding what cookies are, which cookies WeApply uses and how they can be controlled. By clicking to accept the use of cookies of our website you confirm that you have read and agree to this statement and WeApply’s use of cookies on our website for the reasons detailed below.

What are cookies

A cookie is a small text file that holds small amounts of information which, when one visits a website, such as the WeApply Website, the information would be downloaded to the user’s device and then later transmitted back to the initiating website or another website which recognises that cookie. The purpose for the use of cookies is to allow websites, like WeApply’s Website, to identify a user’s device and as a result, make available improved functionality.

Why WeApply use cookies

The reasons why WeApply uses cookies are to identify the user’s device when they access the WeApply Website, to identify which specific pages the user’s visit, to observe how often the user visits the website, to compile and collect statistical data regarding the use of the WeApply’s Website, to allow for sign in and authentication purposes, to enable and maintain WeApply’s security features to enhance the safety of our users and combat against fraudulent activity and to ensure that the functionality of the website is optimal.

This information is collected in order to provide the user with faster, more reliable, more relevant and safer use of the website which caters more to each user’s needs. Through the use of cookies, WeApply can ensure its website remains helpful and purposeful to its users.

Types of Cookies that WeApply uses

 First Party/ Third party cookies

These cookies are cookies placed by either the website that is being accessed by the user (First Party cookies) or by another entity other than that of the website accessed (third party cookies). Examples of third-party cookies are social media networks. These allow the user to easily access WeApply’s social media platforms.

Persistent cookies

These cookies stay on the user’s device for a period of time which is stipulated in the cookie. Each time the user accesses the website, these persistent cookies are activated.

Session cookies

These cookies enable the website operators to monitor the activities of a user during the time that the user has accessed the website. Session cookies are only active for the time the user accesses the website, they do not stay on the user’s device.

Essential cookies

These are cookies that are necessary for the functioning of the website. These cookies enable the user to register and login to the website as well as allows for easy access and navigation around the website.

Functional cookies

These cookies assist in the technical operations and the functioning of the website. These cookies are used to improve and personalise the user’s browsing experience and enables the website to store specific devices preferences and enhancing the functionality of the user’s website use.

Performance cookies

These cookies collect data and information with regard to how the user uses the website. It enables WeApply to pinpoint which functions of the website are most widely used and which functions are problematic or inefficient.

How to control cookies

If you, the user, do not accept the cookies on the WeApply Website, you are able to restrict and/or block the cookies by changing the settings on your web browser. If you choose to disable your cookies and not accept this statement, you may not have access to all of the interactive features of the WeApply Website. If you disable cookies you may not have full access to our website and there may be difficulty in accessing and using some of the interactive features of our website.

Updates to this Cookies Statement

WeApply reserved the right to update/amend this Cookies Statement at any time as may be required. Such changes and amendments may be made without prior notice to the user. The user is advised to revisit this Cookies Statement on a regular basis to ensure they are familiar with any changes.

How to contact us

Should you require any further information or have any queries regarding this Cookies statement you are welcome to contact us at info@weapply.co.za.

  1. Intellectual Property and Trade Marks

This website as well as all material contained within it are copyrighted and thus safeguarded by intellectual property rights. The rights, title and interest in and to the material contained on the website is either owned by WeApply or alternatively, WeApply has obtained licenses for the use thereof.

The user may not make use of the materials on this website in any manner, including, but not limited to, copying, selling, distributing or sub-licensing, without WeApply’s written consent. Any unauthorized use of the website materials is considered a crime and leaves the wrongdoer liable to prosecution.

  1. Abuse of website

The user warrants that they will not access and/or use the website in any manner or for any purpose that is considered unlawful and that could potentially harm, damage, deactivate, overload, or impair the WeApply Website, or any other networks connected to the WeApply Website.

The user warrants that they shall not affect any other user’s or third party’s use and enjoyment of the website.

The user is prohibited from gaining and/or attempt to gain access to any products, services, or otherwise that are linked to the WeApply server without authorization or to any of the products, services or otherwise through unlawful means including, but not limited to, hacking and/or password mining.

The user is prohibited from posting, commenting or transmitting any subject matter on this website that is unlawful or could cause any liability under the law of the Republic of South Africa.

The user may not utilize this website as a means to conduct any competing business with WeApply, including, but not limited to, any mortgage origination business.

Without in any way limiting the rights and/or remedies of WeApply, should the user engage in any conduct that constitutes an abuse of the website, WeApply may, without notice to the user, suspend the access to this website or any part thereof.

  1. Legal

The user agrees to the jurisdiction of the Republic of South African with regard to any proceedings, actions, applications or otherwise, entered into by either WeApply, the user or any third party against the other, which arose from these Terms and Conditions.

All Legal notices and legal documentation addressed to WeApply shall be sent by registered post or delivered by hand to WeApply’s domicilium citandi et executandi being:

1st Floor Fulham House
Hampton Office Park
20 Georgian Crescent
Bryanston.

  1. Compliance with the Protection of Personal Information Act No. 4 Of 2013 (“The Act”)

WeApply confirms that it is and shall remain compliant with the Act, in particular, with the conditions for the lawful processing of personal information as set out more fully below.

 Accountability:

WeApply understands that it is accountable to the user under POPI and will ensure its compliance with the Act, with particular reference to the lawful processing of the user’s personal information.

Processing limitation:

To the extent that it is capable, WeApply will ensure that the user’s personal information will be processed lawfully and in a manner that will not infringe upon the user’s privacy. Further, the user’s personal information shall only be processed for the purpose for which it was provided which the User confirms is acceptable, pertinent and necessary.

WeApply confirms that by the user accepting these terms and conditions, the user is consenting to WeApply processing the user’s personal information. Such processing is necessary for WeApply to carry out its purpose. The user is advised that they may withdraw their consent at any time by notifying WeApply of their decision to withdraw such consent, the user may notify WeApply of this by emailing info@weapply.co.za. In such circumstances, WeApply will desist with the processing of this personal information as soon as reasonably possible.

The user may object to WeApply processing the user’s personal information on reasonable grounds subject to the user’s personal circumstances or for purposes of direct marketing. Should the user object to the processing of personal information WeApply will desist from processing such information.

WeApply confirms that all personal information processed will come directly from the user, unless specifically provided for otherwise, in the Act.

Purpose specification:

WeApply confirms that the purpose for the collection and processing of the personal information is to assist the user in applying for Financial Products provided by Third Party Institutions as discussed above. As a result, the information provided by the user on the WeApply Website shall be released to the relevant Third Party Institution to allow for the relevant application process to proceed. The User hereby specifically consents to the release of such personal information to the Third Party Institutions. The user acknowledges that WeApply has no control over the relevant Third Party Institution and its use of such personal information nor the infringement of any of the user’s rights by such Third Party Institution. In such respect the user specifically indemnifies and holds WeApply harmless in respect of any claims which may arise in respect thereof.

WeApply may further collect and process the user’s personal information for the following purposes:

  1. to confirm your identity;
  2. to generate your user application and ensure that same is not duplicated;
  3. to enable WeApply to communicate with the user via various communication portals;
  4. to request feedback and recommendations from the users regarding WeApply’s Website and product offerings;
  5. to keep a copy of the communications between the user and WeApply;
  6. to meet any contractual obligations WeApply may have with the user and/or a Third Party;
  7. offer the user value added services;
  8. to improve and enhance WeApply’s Website and/or product services if and when same becomes necessary;
  9. administer marketing, research and development regarding WeApply’s product offerings;
  10. enable the user to actively participate in any interactive features that may appear on the WeApply Website;
  11. to keep the user informed of anything relating to their use of the WeApply Website;
  12. to keep the user updated on product and service offerings which WeApply may determine the user to find useful and/or interesting;
  13. to keep the user updated to any changes to the Website, products, terms and conditions, privacy policy and anything else that may impact the user;
  14. to collate and compile statistical data regarding the user’s use of the WeApply Website in order to enhance the user’s experience and the WeApply service offerings based on the user’s needs and specifications;
  15. to determine any errors or technical issues with the website and to attend to having same fixed;
  16. to protect against fraudulent activity and detect if there is any misuse and/or abuse of the WeApply Website;
  17. to ensure that the law and any legal requirements are complied with; and
  18. any other activity that is not specifically mentioned above but which is lawful, reasonable and relevant to the purpose for which the user’s personal information was collected.

WeApply confirms that the user’s personal information shall not be retained by it for a period longer than what is necessary to perform its function unless required in terms of the Act.

Further processing limitation:

WeApply confirms that it shall only further process the user’s personal information if it is in line with the purpose for which it was attained in accordance with the requirements of the Act.

Information quality:

Both WeApply and the user confirm that they will take all reasonable and necessary steps to ensure that the personal information provided is comprehensive, correct, not deceptive and kept up to date.

Openness:

The user confirms that they are aware of exactly what personal information is collected and that it is collected by WeApply and for the purpose for which it was intended, which is to submit same to Third Party Institutions to apply for Financial Products of such Third Party Institutions.

Security Safeguards:

WeApply confirms that it has taken and shall take all the necessary steps to safeguard the user’s personal information as is reasonably possible. WeApply further confirms that all personal information processed is treated as confidential and that any Third Party Institutions or users are held to that same standard and are similarly obliged to comply with the Act. WeApply confirms that should it have any reason to believe that the user’s personal information has been accessed by an unauthorised person they will notify the user as soon as reasonably possible in accordance with the Act.

 Data subject participation:

WeApply confirms that it shall, on request by the user, make available a record or description of the personal information it has on the user for the user’s inspection. The user may request WeApply to amend or delete any information that is inaccurate, out of date, incomplete, obtained unlawfully or misleading. WeApply confirms that it will, as soon as reasonably possible, amend the personal information to reflect the correct information.

  1. Whole Agreement

These terms and conditions comprise the whole agreement between WeApply and the user.

  1. Waiver

Any failure by WeApply to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

  1. Severability

Should it be found that any clause, term or otherwise in these Terms and Conditions is invalid or unlawful, such clause, term or otherwise shall be severed from the remainder of the Terms and Conditions as if it never formed any part thereof. The remainder of the Terms and Conditions shall be considered valid and binding.

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