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Terms and Conditions

These Terms and Conditions govern your use of our website, web application, and the services we provide. By accessing and using our website or web application, you acknowledge and agree to the following:

  1. You have read and understood these Terms and Conditions.
  2. You accept the rights and obligations outlined in these Terms and Conditions.
  3. If you are accessing our website or web application on behalf of another person or entity, you confirm that you are authorized to act on their behalf.
  4. You, and where applicable, the person or entity you represent, agree to be legally bound by the most recent version of these Terms and Conditions as published on our website or web application at the time of each access.
  5. You grant us the rights outlined in these Terms and Conditions.
  6. Bond King (Pty) Ltd is affiliated with MortgageMarket (Pty) Ltd.

If you do not agree to these Terms and Conditions, your sole right or remedy is to cease accessing the website or web application and stop using any of the services.

Definitions:

  • "Authorisations" refer to all licenses, permits, or approvals of any kind required under any regulatory provision to enable you to exercise your rights and fulfill your obligations under these Terms and Conditions.
  • "Bond King," "our," "us," or "we" refers to Bond King Proprietary Limited, a private company registered in the Republic of South Africa with registration number 2021/570493/07.
  • "Our staff" includes any of our directors, employees, agents, contractors, and/or consultants.
  • "Material" refers to the content, trademarks, copyrights, data, and other materials on our website or web application, including but not limited to information, files, folders, text, documents, graphics, logos, icons, hyperlinks, and designs.
  • "Regulatory provision" refers to the applicable laws, regulations, ordinances, directives, decrees, policy statements, and standards issued by the South African Government or any other relevant authority that affect or apply to you, your access to our website or web application, and/or your use of our services.
  • "Services" refer to any services provided by us via our website or web application.
  • "Terms and Conditions" mean the agreement between you and Bond King as outlined in this document.
  • "You" and/or "your" refer to the natural or legal person accessing our website or web application and/or using our services, including any person you represent when doing so.

Other Terms That May Take Precedence:

If any terms in these Terms and Conditions conflict with the terms of a separate signed agreement you have entered into with us, the terms of the signed agreement will take precedence to the extent of the conflict. No terms or conditions contained in your purchase orders, order acceptance forms, and/or invoices shall apply, supplement, or override any provisions of these Terms and Conditions.

No Offer:

The information and content provided on our website or web application do not constitute, and should not be interpreted as, an offer made by us to you.

Third-Party Financial Products and/or Services

The services provided through our website or web application, such as home loan applications, involve facilitating or brokering access to financial products and services offered by third parties (e.g., banks). These third-party financial products and services are subject to their own processes and approval criteria, which are entirely independent of us (e.g., assessing your creditworthiness for a home loan). We do not have the authority to bind these third parties to you and do not claim to do so.

All information about financial products and services displayed on our website or web application, including terms, conditions, interest rates, and other details, is provided for informational purposes only and is subject to change without notice.

The final terms and conditions applicable to any financial product or service will be outlined in the documentation provided by the relevant third-party provider. You may be required to sign these documents to confirm your acceptance of the terms and conditions therein. These terms will establish a separate, binding contract between you and the third party provider (e.g., a loan agreement with a bank).

By using our services, you consent to us obtaining your bureau data from Experian and pre-filling your application form with information from your credit history.

You agree to indemnify, defend, and hold us harmless from all legal costs, charges, losses, or damages resulting from any breach by you of applicable third-party terms and conditions. We make no warranty or representation, whether express or implied, regarding the quality or suitability of such financial products or services for any specific purpose. Any remedies you wish to pursue must be addressed under the terms of your agreement with the relevant third-party provider.

Your Conduct and Material on Our Website or Web Application

When using our services, you may occasionally copy, upload, download, or share material that belongs to you. You retain full ownership of this material, and we do not claim any rights to it. However, by using our services, you grant us permission to use your material as necessary to provide and administer the services, including activities like data backup and storage. This permission also extends to third parties we collaborate with to deliver the services (e.g., banks).

While using the services, you are solely responsible for:

  • Your conduct;
  • The content of your material;
  • Maintaining and backing up your material;
  • Any loss or corruption of your material;
  • Your electronic communications;
  • What you copy, share, upload, download, or otherwise use and share with others.

You agree to indemnify, defend, and hold us harmless from all legal costs, charges, losses, or damages we may incur as a result of any of the above actions or omissions for which you are responsible while using our services.

Acceptable Use of Our Website or Web Application

By accessing and using our website or web application, you acknowledge and agree not to misuse them. Specifically, you may not:

  • Infringe on the intellectual property rights of others, including copyrights.
  • Copy, upload, download, or share any material unless you have the legal right to do so.
  • Probe, scan, or test the vulnerability of our website, web application, or any associated systems or networks.
  • Breach or circumvent any security or authentication measures.
  • Interfere with or disrupt any user, host, or network by actions such as sending viruses, overloading, flooding, spamming, or mail-bombing.
  • Distribute or use the services to plant malware, spyware, or similar harmful software.
  • Access or search the services using methods other than our publicly supported interfaces (e.g., "scraping").
  • Send unsolicited communications, advertisements, promotions, or spam.
  • Send altered, deceptive, or false source-identifying information, including through practices like "spoofing" or "phishing."
  • Publish content that is fraudulent, false, misleading, or infringes on others' rights.
  • Promote or advertise products or services other than your own without appropriate authorization.
  • Impersonate or misrepresent your affiliation with another person or entity.
  • Publish or share material that is pornographic, obscene, indecent, or promotes bigotry, religious, racial, or ethnic hatred.
  • Violate any applicable regulatory provision, infringe on others' privacy, or defame others in any way.

Links to and from Other Websites, Web Applications, or Mobile Apps

Links to third-party websites, web applications, or mobile apps provided on our website, web application, or mobile app are offered solely for your convenience. By using these links, you will leave our secure environment. We do not review, control, or take responsibility for any third-party websites, web applications, or mobile apps, nor for their content.

As such, we neither endorse nor make representations about these third-party platforms, their information, software, services, materials, or the results you may obtain from using them. If you choose to access any third-party websites, web applications, or mobile apps, you do so entirely at your own risk.

Unless you have received prior written permission from us, you are not permitted to create a hyperlink, frame, metatag, or similar reference, electronically or otherwise, to our website, web application, or mobile app.

Intellectual Property Rights

All rights, title, and interest in our materials are exclusively owned by us, or our licensors and/or suppliers, as applicable. These materials are protected by copyright and other regulatory provisions. You may not copy, reproduce, modify, publish, upload, post to other websites, web applications, or mobile apps, or distribute these materials in any manner without our prior written consent.

Except as explicitly stated in these Terms and Conditions, we, along with our licensors and/or suppliers, do not grant you any rights to use or reproduce our materials. All rights to our materials are and remain reserved.

Electronic Communication

By using our services and/or sending emails to us, you consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we send to you electronically satisfy any legal requirements, including, but not limited to, the requirement that such communications be "in writing."

Software

Any software made available through our website or web application, or any hardware rented or sold to you, is governed by license terms that create a binding contract with a third-party licensor. You agree to indemnify, defend, and hold us harmless from all legal costs, charges, losses, or damages resulting from any breach by you of these license terms. We make no warranties and provide no representations, express or implied, regarding the quality or suitability of such software for your intended use. Any remedies you pursue will be governed by the license agreement with the relevant third-party licensor.

Your Personal Information and Data Protection

You agree that we may collect, process, use, transfer, and store your personal information for the purpose of providing you with our services. You also agree to obtain written consent from any data subject for the collection, processing, use, transfer, or storage of their personal information whenever required.

Compliance with Legislation

You are solely responsible for obtaining any authorisations required to access our website or web application and/or use our services, at your own risk and expense. We make no representations and provide no warranties or guarantees regarding the authorisations, including their granting or whether they are required by us or any third party. You agree to comply with all applicable authorisations, regulatory provisions, and the terms, standards, and requirements set by any relevant authority that may apply to the services from time to time. You further agree to indemnify us against any breach of these authorisations or regulatory provisions by you.

Disclaimer & Risk

The use of our website, web application, services, and the content provided therein is offered "as is" and "as available" with no warranties of any kind. We do not, either expressly or impliedly, make any warranties, claims, or representations regarding your use of our website, web application, or mobile app, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. Furthermore, we do not guarantee that our website, web application, or mobile app will always be available, accessible, uninterrupted, timely, accurate, complete, or error-free, nor do we warrant any connection to or transmission from the internet.

You acknowledge and agree that the entire risk associated with your use of our website, web application, mobile app, and services remains with you, to the fullest extent permitted by law.

Limitation of Liability

You acknowledge and agree that we, our licensors, suppliers, and staff will not be liable in any way for any issues arising from your use of our website, web application, mobile app, or services.

Under no circumstances will we, our licensors, suppliers, or staff be liable, whether in contract, warranty, tort, vicarious liability, or any other form of liability, for any general, direct, indirect, incidental, special, or consequential damages (including, but not limited to, loss of profits, loss of data, interruptions, computer failures, or financial losses) arising from your use or inability to use our website, web application, mobile app, and/or services, even if we, our licensors, suppliers, or staff have been advised of the possibility of such damages.

Your sole remedy for any issues, dissatisfaction, or grievances with our website, web application, mobile app, or services is to discontinue using them.

Choice of Law, Jurisdiction & Costs

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Republic of South Africa. Any legal proceedings arising from or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the South African courts. In the event that we need to engage attorneys to protect or enforce our rights under these Terms and Conditions, and if we are awarded costs by an arbitrator or court, you agree to be responsible for, and undertake to reimburse us for, such costs on an "attorney-and-own-client" basis, in accordance with the mandate between us and our attorneys.

Address for Legal Process

We designate the following address and email for the service of court papers, legal processes, and other legal documents in connection with Bond King (Pty) Ltd, operating under MortgageMarket (Pty) Ltd:

Physical Address: (We operate under MortgageMarket) Block 16, 2nd Floor, The Woodlands Office Park, Woodlands, Woodmead, 2080, South Africa

Email: info@bondking.co.za

We may update these details from time to time by revising these Terms and Conditions. Please ensure that you use the address and email provided in the most current version of these Terms and Conditions, as published on our website, web application, or mobile app, at the time you intend to serve court papers or other legal documents.

Invalid, Void & Unenforceable Terms

If any part of these Terms and Conditions is found to be invalid, void, or unenforceable, either in whole or in part, it shall be severed, and the remaining provisions of these Terms and Conditions will remain in full force and effect.

No Waiver

Any failure or delay by us to enforce any provision of these Terms and Conditions shall not be considered a waiver of our rights, nor shall it affect our ability to enforce such rights at a later time.

No Variation

No modification, variation, or consensual cancellation of these Terms and Conditions, including this clause, shall be valid unless made in writing and signed by both you and Bond King. "Signed" refers to either a hand-written signature or an "advanced electronic signature" as defined in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).

Queries

Any inquiries regarding these Terms and Conditions should be directed to our department at 010 500 1366

ECT ACT INFORMATION (ACT NO. 25 OF 2002):

Company name: Bond King PROPRIETARY LIMITED

Registration number: 2021/570493/07

Physical address: (We operate under MortgageMarket) Block 16, 2nd Floor, The Woodlands Office Park, Woodlands, Woodmead, 2080 South Africa

Website address: www.bondking.co.za

Email address: info@bondking.co.za

Telephone number: 063 839 4875 / 010 500 1366

Client Consent

I/We, the undersigned:

  1. Consent to Bond King (Pty) Ltd, in association with MortgageMarket (Pty) Ltd, submitting an application for home loan and/or personal loan finance on my/our behalf.
  2. Consent to an insurance representative contacting me/us to advise on mandatory building insurance and mortgage protection requirements related to my/our home loan application once it is granted.
  3. Acknowledge that personal, financial, and other information provided to Bond King is for the purpose of making a home loan and/or personal loan application, and confirm that all information provided is truthful and complete.
  4. Consent to Bond King receiving all communication from the bank(s) (including quotations) regarding my/our home loan application. I/we also consent to Bond King sharing the bank's decision with the estate agent and issuing a copy of the bank's quotation to the estate agent.
  5. Consent to the bank(s) contacting me/us only after Bond King has notified the bank of my/our acceptance of the bank's quotation.
  6. Consent to Bond King and third parties, including banks and Old Mutual Finance, making inquiries to credit bureaus when assessing my/our home loan and/or personal loan application.
  7. Consent to Old Mutual Finance contacting me/us regarding a personal loan (where applicable).
  8. Confirm that I/we hold no other citizenship or residence for local or international tax purposes, other than those disclosed in this application, and agree to notify the lender in writing of any changes within 30 days.
  9. Consent to Standard Bank, ABSA, and Nedbank electronically retrieving my/our bank statements.
  10. Appoint Bond King as my/our lawful representative and agent to process my/our personal information and obtain a copy of my/our personal credit report(s) ("PCR") from a registered credit bureau, including via a registered reseller provider. I/we consent to the credit bureau and/or other registered provider releasing my/our PCR to Bond King solely for the purpose of providing advice or assistance in managing my/our credit.
  11. Consent that the bank and/or Old Mutual Finance may obtain and use my/our information from third-party qualification data providers to assess my/our eligibility for, and the appropriateness of, the home loan and/or personal loan.