To comply with the Consumer Protection Act, 2008 (the “CPA”), certain portions have been written in bold to draw your attention to such provisions.
These provisions:
- limit in some way Our risk of liability or any other person;
- is an assumption of risk or liability by You;
- impose an obligation on You to indemnify Us or any other person; or
- is an acknowledgement of a fact by you.
You are required to ensure that before using the Platform, You had an adequate opportunity to read and understand the implications of the terms in bold.
By using the Platform, You agree to these terms, and it will be deemed that You understand their implications and that the terms were written in plain and understandable language that You understand.
Who we are:
We are a private company incorporated under the laws of the Republic of South Africa as Lula Lend (Pty) Ltd, registration number 2014/156767/07. We refer to ourselves as “We”, “Us”, “Our”, and “Lula” in the documents governing Our contractual relationship.
When We refer to “You” or “Your”, We mean the person or entity with which We conclude a contractual relationship.
By submitting an application on behalf of a business, whether a sole proprietor, company, close corporation or other juristic entity, You confirm that you have the necessary authority to act on behalf of such business.
Our platform:
When You use Our Platform, You agree to these General Terms and Website Terms of Use.
To use the Platform, You must have access to a stable and secure internet connection.
We are not liable for any loss you sustain due to your failure to use a stable and secure internet connection.
We will try to ensure the Platform is always available. However, it is possible that on occasion, the Platform may be unavailable to permit maintenance or other development activity to take place or in the event of something happening that is not within Our control (read more on things outside Our control).
We may publish details of any foreseeable unavailability of the Platform on Our Website.
What needs to happen before you can use the platform?
Before You can use the Platform, You must complete an application to create a User Account.
We can decide to approve Your application subject to You providing certain information.
If You do not provide the required information within the required time, We can decide to disapprove Your application to create a User Account.
We can also disapprove Your application if the information is, in Our view, unsatisfactory or You do not meet Our acceptance criteria.
Approval of Your User Account does not mean that You are approved for any of Our Solutions. Use of any of the Solutions is subject to a further application procedure and approval.
Information that we require:
During any application process, We may require certain information from You to assess Your application and comply with Our legal requirements.
In order to ensure responsible lending, we may conduct credit checks on the individual submitting the application, the company / close corporation and its directors / members, as We in our sole discretion deem necessary. By agreeing to these terms, You are providing the necessary consent to allow us to do so.
You must provide information that is true, accurate and complete and by providing the information, We are entitled to rely thereon and accept that the information is true, accurate and complete.
If we require any documents from You, the documents must be in form and substance acceptable to Us.
How to access the platform:
To access the Platform, You must complete the application on Our Website. We will then send You a verification email to verify Your email. Once verification is complete, You will be able to access the platform.
Security procedures that you must follow:
We may communicate security procedures to You to keep Your User Account safe.
We are not liable for any loss you sustain due to your failure to implement the communicated security procedures.
Who can have access to your user Account:
You can link one or more users to Your User Account.
We are not responsible for ensuring that these users have the required authority to act on your behalf. Despite this, We may require You to provide Us with documents showing that these users have the required authority to act on Your behalf.
You are responsible for anything done by the linked users on the platform, and we do not take any responsibility for their actions.
Statements:
We will send You periodic statements in electronic form from time to time.
You must report any mistakes or transactions done without Your permission to Us within 30 days from the date of the statement.
If You do not report a mistake or a transaction done without Your permission within the provided time, We can assume the entries and transactions shown on the statement were correct or done by You or with your permission.
We are not responsible for any loss you suffer because you didn’t report mistakes or unauthorised transactions on time.
Changes to the terms:
We can change these Terms at any time.
We will notify You about any important changes to these Terms before we make the change.
Unless You dispute the change before the date the change applies, We can assume that You agreed to the change.
When can we terminate your user account or any solution you may have with us?
We can terminate Your User Account or any Solution You may have with Us if:
- We cannot verify Your identity,
- We are unable to comply with Our FICA requirements,
- We fail to receive the information requested,
- You are in breach of any agreement concluded with Us;
- You provide untrue, inaccurate, or incomplete information; or
- We suspect any illegal or prohibited conduct by You.
If we terminate your user account or any solution you may have with us:
- You indemnify Us and Our Affiliates from all claims from any third party that may arise due to Your User Account or the Solution You have with Us being terminated; and
- You must not attempt to gain access to Your User Account or any Solution We may provide to You.
Pricing guide:
We may change Our fees from time to time.
We will publish Our latest fees and the applicable effective dates on Our Website from time to time.
You can download Our latest pricing guide at the link below..
Unless we say otherwise, all fees are non-refundable.
What if there is a conflict between the general terms and solution-specific terms?
If there is a conflict between the General Terms and any specific terms applicable to a Solution, and only to the extent of the conflict, the more specific term applicable to the Solution will apply.
Certifications of amounts due:
If We need to take legal action against You, one of Our managers (who do not need to prove their appointment) will produce a certificate, which shows the amount You owe Us.
If You don’t agree with this certificate, You will have to prove that it is wrong.
Things outside of our control:
We may be prevented from providing Our Solutions to You or fulfilling Our obligations to You because of things outside Our control.
Things outside Our control includes electricity failures or blackouts, or the unavailability of any telecommunications system or networks. It also includes wars, fires, floods, strikes, epidemics and pandemics.
In cases where something happens outside Our control:
- We will not be responsible for any failure to perform any of Our obligations to You; and
- Our obligations will be suspended for as long as such interruptions continue.
We may give You prior notice of any scheduled and / known interruptions and changes, but We do not have an obligation to do so.
We are not liable for any loss or damage of any nature you sustain as a result of anything that is not within our control.
Publicity:
You give Us consent to publish your name and logo for marketing purposes.
Alternative dispute resolution:
If a dispute arises between us, the dispute must first be referred to mediation under the AFSA Mediation Rules.
If the mediation is unsuccessful, we must proceed with arbitration proceedings under the AFSA Expedited Arbitration Rules.
If the dispute is of an accounting nature, the parties agree to the appointment of an independent accountant of no less than 10 years experience to act as mediator or arbitrator should mediation fail.
If the dispute is of a legal nature, the parties agree to the appointment of an independent practising attorney or advocate with no less than 10 years experience to act as mediator or arbitrator should mediation fail.
The mediation and if necessary, the arbitration proceedings will be held in Cape Town.
Any decision of the appointed arbitrator is final and binding on the Parties, subject to the right of appeal. Despite this alternative dispute resolution clause, We may obtain interim relief on an urgent basis from any competent Court having jurisdiction.
Enforcement costs:
If You are in default of Your obligations towards Us, You must pay all costs and expenses (including legal fees on an attorney and own client scale) incurred by Us to enforce or preserve Our rights.
The laws that govern our relationship:
Our relationship is governed by and must be interpreted according to the laws of the Republic of South Africa.
Assignment of rights and obligations:
We may assign, subcontract, or transfer any right or obligation under an agreement concluded with You without Your prior written approval.
You may not assign, subcontract, or transfer any right or obligation under an agreement concluded with You without Our prior written approval.
Failure to exercise our rights:
Our failure to exercise or enforce any right or provision does not constitute a waiver of such right or provision.
Severability:
If a provision of a contractual relationship with You is unenforceable, the enforceability of the remaining provisions will not be affected.
Continuing effectiveness of certain provisions:
The termination of any contractual relationship with You will not affect provisions that provide that they will operate after such termination.
Glossary
| Cookie Policy | Our cookie policy – https://www.lula.co.za/privacy-policy/ |
| CPA | Consumer Protection Act, 2008. |
| FICA | Financial Intelligence Centre Act, 2001. |
| Funding Solutions | means the solutions We provide our customers as per Our Website. |
| Our Affiliates | means Our directors, shareholders, employees and agents. |
| PAIA | Promotion of Access to Information Act, 2000. |
| PAIA Manual | Our PAIA Manual – https://www.lula.co.za/privacy-policy/ |
| Platform | Once You have logged into Your User Account, You will enter Our Platform |
| POPIA | Protection of Personal Information Act, 2013. |
| Pricing Guide | Our Pricing Guide – http://www.lula.co.za/pricing |
| Privacy Policy | Our Privacy Policy – https://www.lula.co.za/privacy-policy |
| Solution | We have funding and transactional account solutions, which You can apply for through Our Platform. |
| Transactional Account Terms | Our Transactional Account Terms – https://www.lula.co.za/transactional-account-terms |
| User Account | The account You register on Our Website by completing the application. |
| Website | https://www.prod.lula.co.za |
| Website and Platform Terms | Our Website and Platform terms – https://www.lula.co.za/terms-conditions |