Learning Loans Terms & Conditions

Introduction

Hello, and welcome to Learning Loans! We’re trying to keep the site and its functionality as simple and easy to use as possible – no frills, no fuss, no hidden strings. We do, however, need to make sure that we – and you – are suitably protected, and that we comply with the laws of South Africa. So please do read these terms and conditions and make sure that you understand how they apply to you and your use of our site and our services.

This specific page sets out the terms and conditions which govern your use of the website www.learningloans.co.za, as well as all related apps and services (as and when we introduce them).

Learning Loans is owned and operated by Learning Loans (Pty) Limited, a South African private company (registration number 2017/255362/07).

Our physical and postal address: 2nd Floor, 97 Durham Avenue, Salt River, Cape Town, 7925, South Africa

               

Definitions and Interpretation

  1. The terms "you" and "user" which we use below refer to all individuals and/or entities accessing the website.
  2. The term "website" refers to www.learningloans.co.za
  3. 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 website.

 

General

By using this website, you are indicating your acceptance to be bound by these terms and conditions. We may – and probably will - revise these terms and conditions from time to time, and we will do so by updating this page.  Please do visit this page periodically to review the terms and conditions, as you are bound by them.

You represent and warrants that you:

  1. are old enough under applicable law to agree to these terms and conditions;
  2. possesses the legal right, full power, and authority to enter into an agreement with Learning Loans constituted under these terms and conditions;
  3. will submit true, accurate and correct information to Learning Loans and this website.

If you are younger than 18 years of age, you warrant that you have the consent of your legal guardian to enter into an agreement constituted under these terms and conditions, or that you have obtained legal status in another manner.

 

Our Privacy Policy

  1. Privacy and respect for your personal information is very important to us, however we do need to make use of your details to do our job, to give you great service and – hopefully – to continue talking with you into the future.
  2. When you use this website, we will collect certain information about you and you will provide certain information to us. All of this information will become the property of Learning Loans.
  3. Learning Loans may then use this information to provide you with information regarding our products, services, or events from time-to-time. We’ll try and make sure it’s valuable info. If you’re sick and tired of us, you may request that we stop sending you such information or request that we remove your personal information from our database or mailing list – we will do this at any time, and we will do it quickly.
  4. Learning Loans will not disclose any personal information to anyone except as provided for in this policy. We must point out that we will inevitable need to disclose personal information to our employees, attorneys, bankers, credit bureaus or agents who need it to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Learning Loans or its associated services or web site(s), we won’t disclose your personal information without giving you prior notice thereof and an opportunity to give your consent.
  5. Learning Loans makes use of first-party and third-party cookies, as well as web beacons and similar technologies to deliver measurement services and targeted advertising to visitors. This is all designed to make your experience of our website and services better, and hopefully to provide you with information that you find valuable and interesting. The cookies we use may include Google Analytics cookies, a DoubleClick cookie, and a Facebook Event Tracking cookie. Don’t fret – no personal information is shared with any third party when providing these targeted services.
  6. If you prefer not to receive interest-based advertising in web browsers from Google, Facebook or other participating advertisers, you can make use of mechanisms such as the Digital Advertising Alliance's (DAA) Self-Regulatory Program for Online Behavioural Advertising (www.aboutads.info/choices).
  7. If you want to find out more about how Google collects information and uses it to deliver targeted advertising, pop across and read up at http://www.google.com/policies/privacy/ads/
  8. Learning Loans is not responsible for, nor do we give any warranties or make any representations in respect of, the privacy policies or practices of linked or any third party or advertised web sites.
  9. Learning Loans may at its discretion and from time to time disclose your personal information gathered through the site to selected partners for the purposes marketing related services, consent for which is given by you utilising the site. If you want us to cease disclosing your information, all you have to do is send an email to support@learningloans.co.za and we will remove your information.

 

Terms of Use  

  1. You may not use the website to transmit, distribute, store or destroy material:
    1. in violation of any applicable law or regulation;
    2. in a way that does or may infringe the copyright, trademark, trade secret or other intellectual property rights of others or which violates the privacy, publicity or other personal rights of others;
    3. that is defamatory, obscene, threatening, abusive or hateful. We believe in playing nicely with others at all times.
  2. You must also not do any of the following naughty things when visiting or using the website:
    1. Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
    2. Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website;
    3. Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
    4. Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without Learning Loans' prior written permission;
    5. Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    6. Attempting to access any area of the website to which access is not authorized;
    7. Frame this website or any of the pages on this website; and
    8. Link to pages other than the homepage, or “deep link” to other pages of this website in a manner which would incorrectly suggest endorsement or support by Learning Loans of you, or suggest that you are the owner of any Learning Loans intellectual property.

 

Security

  1. You are not allowed to mess around or violate the security of the website. This includes (but is certainly not limited to):
    1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing";
    4. sending unsolicited email, including promotions and/or advertising of products or services;
    5. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
    6. deleting or revising any material posted by any other person or entity;
    7. using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
  2. If you mess around or violate our system or network security, we will take this very seriously and this may result in civil or criminal liability for you. We will investigate occurrences, and may very well get law enforcement authorities involved to assist us in prosecuting naughty users.

 

Disclaimer

  1. The website carries information about financial matters, borrowing and lending, news, reviews and other content independently published by third parties on the website. The website is purely designed for the purpose of identifying students in need of financial assistance for their studies, and to whom we might in our discretion wish to lend funds to assist them (subject to the conclusion of legally binding contracts in Learning Loans stipulated process and form), and must not be considered to be an agent, buyer and/or a developer with respect to the use of the website for any other purposes, or on behalf of any other person.
  2. With the single exception of the advancing by Learning Loans of student loans to eligible, qualifying and approved borrowers (subject to the conclusion of legally binding contracts in Learning Loans stipulated process and form), Learning Loans shall not be responsible for any user entering into agreements or making decision whatever nature in connection with the submission of applications or requests, the posting or submission of property information, the posting of personal owned property information, use of financial calculators and/or the contents thereof and/or any other information obtained on the website.
  3. Furthermore, except where an express offer has been made by Learning Loans in respect of a student loan (i.e. you have received a clear, unequivocal offer), nothing on the website or any communications sent by Learning Loans will constitute a legal offer, and no binding contracts or obligations on the part of Learning Loans will be incurred or arise except where expressly indicated by Learning Loans.
  4. Whilst Learning Loans has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
  5. Learning Loans will correct any fault in this website where possible and as soon as reasonably practical and this is its entire liability regarding any fault in the website. Beyond this, in no event shall Learning Loans, and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.
  6. You agree to indemnify, defend, and hold harmless Learning Loans (and those related to it and its officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to your use of this website
  7. Insofar as the website contains links to any other internet websites, you acknowledge and agree that Learning Loans does not have control over any such website and Learning Loans shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.

 

Termination

  1. The agreement constituted under these terms and conditions will automatically terminate if Learning Loans discontinues this website.
  2. If you commit a breach of these terms or conditions, or repeatedly infringe the copyrights or other rights of others, Learning Learns will be entitled to terminate the agreement with you constituted under these terms and conditions. 
  3. You agree that Learning Loans may, to the extent permitted by applicable law and without prejudice to its rights in these terms and conditions or in law, terminate access to or use of the website, claim specific performance by you under these terms and conditions, and claim damages from you.

 

Copyright and Intellectual Property Rights

  1. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.
  2. Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.

 

 Severability

  1. These Terms & Conditions constitute the entire agreement between Learning Loans and you. Any failure by Learning Loans to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision.
  2. In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

 

Applicable Law

This website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.

 

DISPUTES

All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Cape Town, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.

 

LEARNING LOANS EMAIL DISCLAIMER [applies to all emails from Learning Loans addresses]

  1. This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the attachments to any other person including the intended recipient. Please destroy this message and notify Learning Loans if this is the case.
  2. Any comments and statements contained within this message should be seen as opinions only and not statements of fact. Learning Loans will not accept liability for any loss suffered as a result of relying on this message unless the message indicates that the information is subject to an express warranty and has been authenticated by a digital signature capable of verifying the integrity of the message.
  3. An e-mail is deemed to have been sent as soon as it is reflected in our service provider's mail server logs and is deemed to be received once we have either sent a delivery receipt or confirmed receipt by way of e-mail.
  4. Learning Loans takes all reasonable steps to ensure that this e-mail message is free from destructive code (such as viruses) but cannot guarantee the message is free from destructive code and so cannot be held liable for any loss or damage due to destructive code. Please inform us as soon as possible should you become aware of any destructive code that originated from this e-mail.
  5. Learning Loans may monitor e-mails in an attempt to ensure the quality of communications as well as for purposes of investigating or detecting the unauthorised use of the e-mail system.  Please do not communicate via this e-mail system if you do not wish for your communications to be subjected to such scrutiny.