Terms of Service

TERMS OF SERVICE

1. Terms of Service

1.1. The terms of service mentioned hereunder shall apply should you (the applicant/client) enter into an agreement with Loan Tracer SA (Proprietary) Limited, Reg No. 2015/161104/07, (hereafter referred to as “Loan Tracer SA”), (Address: PO Box 569, Century City, 7446) for the purchase of the Convenient Service Package referred to in clause 3 below from Loan Tracer SA.

1.2. Please take your (the applicant/clients’) time to read and thoroughly understand the terms of service herein of Loan Tracer SA for the Loan Tracer SA Convenient Service Package. These terms of service apply to both the/this website (https://www.ltracersa.co.za) and telephonic applications through the Loan Tracer SA service centre for the purchase of the Convenient Service Package referred to in clause 3 below.

1.3. The user (the applicant/client) of the Loan Tracer SA website, admits and/or confirms that the applicant/client hereby irrevocably agrees to the policies and procedures of Loan Tracer SA. This means that the applicant/client has taken the time to read, study and thoroughly understand these terms, Terms of Use, Legal Disclaimer and the Privacy Policy (herein collectively known as the “policies”) of Loan Tracer SA and the/this website namely https://www.ltracersa.co.za, and are aware of the costs associated therewith,

1.4. The policies are all accessible on the/this Loan Tracer SA website by clicking the following links: Terms of Service, the Terms of Use, the Legal Disclaimer as well as the Privacy Policy.

1.5. The policies will form part of your (the applicant’s/client’s) consent when submitting your (the applicant/clients’) application for Loan Tracer SA’s Convenient Service Package via the Loan Tracer SA website and it shall constitute a digital signature (IP Address location, Date and Time of application submission) on your (the applicant/Clients’) digital legally binding and enforceable service mandate and agreement for the irrevocable acceptance of the policies of Loan Tracer SA, between yourself (the applicant/client) and Loan Tracer SA.

1.6. You (the applicant/client) hereby furthermore confirm that you (the applicant/client) have voluntarily submitted the application for the purchase of Loan Tracer SA’s Convenient Service Package, under no force or duress and at your (the applicant/clients’) own free will. Please contact our offices at 0860 021 096 or email info@loantracersa.co.za should you (the applicant/client) have any queries. Do not submit your (the applicant/client) application if you (the applicant/client) do not agree to or thoroughly understand Loan Tracer SA’s policies and please leave the/this website immediately.

1.7. For the sake of convenience, when reference is made to “the agreement” and / or “an agreement” and / or “this agreement” etc., in these terms of service, it refers to the agreement between the applicant / client and Loan Tracer SA for the purchase of the Loan Tracer SA Convenient Service Package referred to below.

2. Consumer Rights

2.1. Please note that Loan Tracer SA fully subscribes to the consumer protection legislation in South Africa, more specifically the CONSUMER PROTECTION ACT 2008 and REGULATIONS of 2011 (the CPA).

2.2. All provisions in this agreement are in line with the CPA. However, should it be found that any provision of this agreement and the policies are not in line with the CPA, the relevant provision may be severed from the agreement, and does not affect the remainder of the agreement.

2.3. Our staff has been trained with regard to the CPA and such training shall always be refreshed should the need arise.

3. The Service / Product

3.1. The product offered is a 12 (twelve) month fixed-term agreement for the following service package (herein referred to as “Loan Tracer SA Convenient Service Package”):

3.1.1. A Telephonic Legal Advice Assistance service, comprising of the following services;

3.1.1.1. Personal Injury Advice Assistance service;
3.1.1.2. Motor Vehicle Accident Injury Advice Assistance service;
3.1.1.3. Conveyance Advice Assistance service;
3.1.1.4. Litigation Advice Assistance service;
3.1.1.5. Civil & Labour Law Advice Assistance service;
3.1.1.6. Criminal Law Advice Assistance service;
3.1.1.7. Matrimonial Law Advice Assistance service;
3.1.1.8. Will and Testament Advice Assistance service;
3.1.1.9. Domestic Violence Advice Assistance service;
3.1.1.10. Harassment Advice Assistance Service;
3.1.1.11. General Advice Assistance Service; and

3.1.2. A monthly electronic “Service Assistance Pack” dependent on the topic for the month, all of the above services as stated in clause 3.1.1 above, shall be addressed periodically per calendar month in an electronic “Service Assistance Pack” sent to the applicant/clients’ email address as provided to Loan Tracer SA on a monthly basis as follows:

3.1.2.1.1. The electronic “Service Assistance Pack” comprises of 5 (five) sections namely:
3.1.2.1.2. Information Section – For Example, Do you want to draft your own Will and Testament? Here’s how!
3.1.2.1.3. Read More on this topic Section – For Example, Related links on the topic for the month for more educational understanding on the topic, Informative Website provisions on the topic, Blogs found on the Topic, Pinterest Articles on the Topic and Facebook Groups for further guidance or information on the topic.
3.1.2.1.4. Helpful Document(s) Download Section – For Example, Download a Will and Testament Template, Download a step-by-step guide to correctly complete the Will and Testament Template, Download the South African Law on Wills and Estates etc.
3.1.2.1.5. Loan Tracer SA “Flashing Banner” – A reminder of the Telephonic Advice Assistance Service as outlined in clause 3.1 above;
3.1.2.1.6. This month’s Hot Download Section – For Example, Click here to download your very own Loan Tracer SA desktop Wallpaper – choose the size that fits you! 1920 x 1080 | 1600 x 900 | 1280 x 720; and

3.1.3. A complimentary loan finding service/facility, through the Loan Tracer SA affiliated panel of registered financial service(s)/credit provider(s) and I “the client” hereby mandate Loan Tracer SA to submit such application.

3.2 All telephonic legal advice is dispensed by third party contractors legally entitled to do so, and registered with the relevant law society.

4. Duration

4.1. Loan Tracer SA’s Convenient Service Package is a service for a fixed-term of 12 (twelve) months.

4.2. The 12 (twelve) month period commences from the date your service mandate and agreement has been entered into and expires 12 (twelve) months later.

5. Costs of Services & Billing Procedure

5.1. The costs of the Loan Tracer SA Convenient Service Package is as follows:

5.1.1. R 399.00 (three hundred and ninety nine rand) for the first month’s subscription fee, inclusive of our initiation fee; and

5.1.2. R 99.00 (ninety nine rand) per month for the remaining 11 (eleven) months.

5.2 By accepting these services, you, as the applicant/client acknowledge and agree to the following:

5.2.1 all payment instructions issued by Loan Tracer SA shall be treated by our abovementioned Bank as if the instructions have been issued by you personally;

5.2.2 although this Authority and Mandate may be cancelled by you, the applicant/client, such cancellation will not cancel the Agreement, unless written confirmation of such cancellation is received from Loan Tracer SA in which we agree to the cancellation. You shall not be entitled to any refund of amounts paid to Loan Tracer SA, whilst the agreement was in force;

5.2.3 that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

5.3 Due to the general nature of December’s financial period, LTSA will action all NAEDO transactions as follows:

5.3.1 Applicants/clients who select a salary date of the 15th or earlier, will be debited on 15 December or the closest working day before or after the said date.
5.3.2 Applicants/clients who select a salary date of the 16th or later will be debited on 20 December or the closest working day before or after the said date.

5.4 It is the applicant/clients’ sole responsibility to ensure that sufficient funds are available in order to effect a successful transaction. Any failed transaction will cause a default of payment and subsequently, which may result in legal steps being taken against you.

6. Cooling off period – Direct Marketing

6.1. If the applicant/client has entered into this agreement not via an electronic transaction, and due to direct marketing, the applicant/client may cancel this agreement by notice to Loan Tracer SA in writing, or another recorded manner and form, within seven (7) business days after this agreement has been entered into. This cancellation will only be accepted by Loan Tracer SA in a recordable manner (writing and/or telephonic) by e-mail: info@loantracersa.co.za or by calling: 0860 021 096 within the prescribed period as aforementioned.

6.2. Loan Tracer SA will then return any payment received from the applicant/client in terms of this agreement within fifteen (15) business days after receiving the aforementioned cancellation notice.

6.3. During the cooling off period, the applicant/client is to make use of the website namely https://www.ltracersa.co.za to ensure that the applicant/client is happy with the services provided in terms of this agreement.

7. Cooling off period – Non Direct Marketing

7.1. If the applicant/client has entered into this agreement through an electronic transaction, the applicant/client may cancel this agreement within seven (7) business days after this agreement has been entered into. This cancellation will only be accepted by Loan Tracer SA in a recordable manner (writing and/or telephonic) by e-mail: info@loantracersa.co.za or by calling: 0860 021 096 within the prescribed period as aforementioned.

7.2. Loan Tracer SA will then return any payment received from the applicant/client in terms of this agreement within 30 days after successful cancellation of this agreement.

7.3. During the cooling off period, the applicant/client is to make use of the website namely https://www.ltracersa.co.za to ensure that the applicant/client is happy with the services provided in terms of this agreement.

8. Expiration

8.1. On the expiry of this agreement, it will automatically be renewed and continued on a month-to-month basis, subject to any material changes of which Loan Tracer SA has given notice, as contemplated in the CPA, unless the applicant/client expressly—Directs Loan Tracer SA to terminate the agreement on the expiry date; or Agrees to a renewal of the agreement for a further fixed term.

8.2 The applicant / client may cancel this agreement as provided in the CPA upon the expiry of its fixed term, without penalty or charge, but the consumer remains liable to Loan Tracer SA for any amounts owed to Loan Tracer SA in terms of the applicant/clients agreement up to the date of successful cancellation by either the applicant/client or Loan Tracer SA;

9. Early Termination by the applicant / client

9.1. Should the applicant/client wish to terminate this agreement before the termination date, the applicant/client may do so on 20 business days’ notice in writing or other recorded manner and form to Loan Tracer SA at its registered offices, or via email to: info@loantracersa.co.za, and the applicant/client remains liable to Loan Tracer SA for any amounts owed to Loan Tracer SA in terms of these policies up to the date of successful cancellation by either the applicant/client or Loan Tracer SA.

9.2. In the case of early termination of this agreement by the applicant/client or Loan Tracer SA as aforesaid, Loan Tracer SA shall impose a reasonable cancellation penalty as provided for in the CPA.

10. Breach of Agreement

10.1. Should the applicant/client be in breach of this agreement and/or the terms in the policies, and remain in breach and/or failed to rectify the breach after 20 business days has elapsed after Loan Tracer SA has given written notice to the applicant/client for the failure to comply with the agreement, Loan Tracer SA shall accordingly cancel this agreement.

10.2. Should Loan Tracer SA terminate this agreement due to a breach on the part of the applicant/client, a notice stipulating same shall be sent to the applicant/client.

10.3. In case of cancellation as a result of breach on the part of the applicant/client, the remaining balance of the subscription fees for the 12 month fixed term shall become immediately due and owing to Loan Tracer SA. In the event Loan Tracer SA should hand the applicant/client over for collection of any amounts owing to Loan Tracer SA, Loan Tracer SA shall impose an administration cost of 25% (Twenty Five Percent) added to the outstanding amount owing by the applicant/client to Loan Tracer SA.

10.4. All legal fees associated with the collection of monies owing to Loan Tracer SA in terms of these policies, being it for breach or otherwise shall be paid by, or be liable by the applicant/client on an attorney and client scale.

10.5. The applicant/client shall be responsible for all failed debit order costs which currently amounts to R110.00 (one hundred and ten rand) per unsuccessful debit order from the applicant/client to Loan Tracer SA.

10.6. Locus Standi

10.6.1 Loan Tracer SA hereby reserves the right to cede, transfer and assign all its rights, title and interest in and to all the debts of the debtors arising out of this service mandate and agreement unto a 3rd party of its choice without any notice to you.

10.6.2 In the event that Loan Tracer SA has ceded its rights in terms of this service mandate and agreement the parties agree as follows:- The Client/Applicant acknowledges and confirms that Loan Tracer SA’s locus standi in respect of any claim against him/her flowing from this service mandate and agreement; the client/applicant hereby waives and abandons any right to rely on such a cession as a defence to any claim of the cedent (Loan Tracer SA) to enforce any rights in terms of this service mandate and agreement.

11. Loan Finding Service

11.1. Loan Tracer SA and its employees act only on instructions / mandate given by the applicant/client to submit a loan application (the loan referral application form) on their behalf to various financial institutions. Loan Tracer SA and its employees will send the loan referral application form to any of the registered financial institutions that they may see fit. A facsimile, digital and/or email copy of the “loan referral application form” constitutes the original.

11.2. The costs of the Loan Tracer SA Convenient Service Package has no association with a/the loan and/or the loan finding service/facility.

11.3. The loan finding service/facility is a complimentary bonus service to the Loan Tracer SA Convenient Service Package as a beneficial extra for the applicant/client and its outcome is NOT GUARANTEED through our (Loan Tracer SA) panel of financial service(s)/credit provider(s).

11.4. You (the applicant/client) are hereby advised, that Loan Tracer SA do not earn any commission(s) of whatsoever nature from any financial service(s)/credit provider(s).

11.5. Loan Tracer SA’s employees DO NOT provide financial advice as all applicants/clients deal with the registered Financial service(s)/credit provider(s) directly, we (Loan Tracer SA) will forward all your (the applicant/clients’) requests and applications to qualified and registered financial service(s)/credit provider(s), who in turn, will correspond with the applicant/client directly. Loan Tracer SA are not agents for any financial service(s)/credit provider(s), Loan Tracer SA do not solicit clients and Loan Tracer SA furthermore do not complete nor conclude any credit agreements on behalf of clients. This is solely done by our affiliated financial service(s)/credit provider(s) to whom Loan Tracer SA refer(s) its respective client(s), for possible loan procurement assistance.

12. General Information:

12.1. When applying telephonically, all applicants/clients are read a confirmation paragraph which explains and confirms all processes about to take place. This will confirm the applicant’s/client’s understanding of the policies and procedures of Loan Tracer SA. If the applicant/client does not accept and/or agree to and/or understand the policies and procedures of Loan Tracer SA, the applicant/client should not proceed with their application for our (Loan Tracer SA) services. All calls are recorded, and the voice recording constitutes the applicant’s/client’s signature of irrevocable acceptance of the Loan Tracer SA policies.

12.2. All applicants/clients whom apply on https://www.ltracersa.co.za are required to “tick” a box after completing the online/electronic application, prior to submitting (Clicking the “Submit Application” button) the/their online/electronic application which confirms that the applicant/client irrevocably agrees to the policies and procedures of Loan Tracer SA, which the applicant/client has thoroughly read and understood. On the applicant/client submitting the online/electronic application to purchase the convenient service package via the Loan Tracer SA website, a digital legally binding and enforceable service mandate and agreement is automatically generated by the website namely: https://www.ltracersa.co.za, which shall include and constitute a “digital signature” (IP address location, Date and Time stamp of Submission) of the applicant/client, for the irrevocable acceptance of the Loan Tracer SA policies (Terms of Service, Terms of Use, Legal Disclaimer and the Privacy Policy, herein collectively known as the “policies”) which the applicant/client confirms they have thoroughly read, understood and agreed to.

12.3. All documents and/or legally binding and enforceable service mandate and agreements are readily available to all our (Loan Tracer SA) applicants/clients on written request. The written request can be sent to info@loantracersa.co.za or the applicant/client may access the “client area” on the homepage of the Loan Tracer SA website, by inserting their “Identity number” and their Loan Tracer SA client “reference number” to gain access to their applicant/client portfolio with Loan Tracer SA.

13. Loan Tracer SA – Product Scope:

13.1. By submitting your (the applicant/clients) application for the Loan Tracer SA Convenient Service Package via the/this website, the applicant/client indicates that it is desirous of purchasing the Loan Tracer SA Convenient Service Package.

13.2. By agreeing to the policies of Loan Tracer SA, the applicant/client gives Loan Tracer SA permission to debit the applicant / client and authorizes Loan Tracer SA to debit any and all amounts due to Loan Tracer SA from the applicant/client’s banking account as provided on their (the applicant/clients) online/electronic or telephonic application for the successful purchase of the Loan Tracer SA Convenient Service Package.

13.3. The applicant/client hereby irrevocably mandates, instructs, authorizes and consents to Loan Tracer SA to setup a Naedo debit order on the applicant’s/client’s next salary date, post the date of the applicant’s/clients’ online/electronic application for the Loan Tracer SA Convenient Service Package, using the banking details the applicant/client has provided (Online/Electronically or Telephonic) using a reputable debit order system provider namely BDB, on Loan Tracer SA’s behalf, for the Loan Tracer SA Convenient Service Package, in the amount of R399.00 (three hundred and ninety nine rand) for the first month subscription fee in terms of this agreement and R 99.00 (ninety nine rand) per month for the remaining 11 (eleven) months in terms of this agreement as clearly stipulated in clause 4 and clause 5 above. A Naedo tracker will be placed on the applicant’s/client’s account in the event there are “insufficient funds” in the applicant/clients banking account as provided. Furthermore, please be advised your (applicant/client) bank statement, shall reflect the name BDB or Ltracer together with your (the applicant/client) reference number, to clearly identify the irrevocably agreed purchase transaction between yourself (the applicant/client) and Loan Tracer SA in terms of this agreement. The applicant/client furthermore agrees that although this mandate, instruction, authority and/or consent to debit the applicant/clients’ account may be cancelled by the applicant/client, such cancellation will not cancel the/this agreement between the applicant/client and Loan Tracer SA. The applicant/client also fully understands and agrees that the applicant/client cannot reclaim amounts which has been withdrawn from the applicant/clients’ account in terms of this mandate, instruction, authority and consent in terms of this agreement.

14. Credit Profile

The client hereby consents that, and authorises Loan Tracer SA (PTY) LIMITED or its agent to:

– Contact, request and obtain information from any credit provider (or potential credit provider) or registered credit bureaus relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and credit worthiness of the client;
– Furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts and creditworthiness of the client to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding the client’s dealings with Loan Tracer SA (PTY) LTD.

Loan Tracer SA (PTY) LTD and/or its agent, is affiliated to registered credit bureaus, Transunion ITC and Compuscan, and all account payment profiles, patterns and behaviour are recorded monthly with these credit bureaus.

15. Use of applicant/client information:

15.1. Recorded Telephonic Application: All Loan Tracer SA service consultants act on information provided by new applicants/clients who call 0860 021 096 and this data is entered and saved on to our encrypted Service Management System.

15.2. Online/Electronic Application: New applicants/clients apply on our (Loan Tracer SA) website namely: https://www.ltracersa.co.za and enter all their credentials voluntarily on the online/electronic application form with no force or duress and at their (the applicant/clients’) own free will.

15.3 All this information is stored and processed in order to process your (the applicant/client) application for your (the applicant/clients’) Convenient Service Package that you have purchased with Loan Tracer SA.

15.4 Upon applying for the loan seeking service facility, you the applicant/client consent to the information refered to in clause 15 hereof being passed to a third party in order to facilitate the loan so sought.

16. Indemnification by Applicant/Client:

16.1 You (the applicant/client) agree to indemnify, defend, and hold harmless Loan Tracer SA, the Loan Tracer SA website namely https://www.ltracersa.co.za, its investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this legally binding and enforceable service mandate and agreement or the Loan Tracer SA website namely https://www.ltracersa.co.za, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Loan Tracer SA website, the Services and any Content (including without limitation your (the applicant/client) Content and any third party Content) forming part of the website. Loan Tracer SA and its service provider(s) shall not in any circumstances, be liable to the applicant/client for any direct, indirect or consequential loss or damages including, without limitation, loss of business or profits save to the extent where direct loss or damage arises out of the willful misconduct or gross negligence by Loan Tracer SA. For purposes of this Agreement, “willful misconduct or gross negligence” means any intentional material act or failure or failure to act which seriously and substantially deviates from a diligent course of action and which is in reckless disregard of or indifference to the harmful consequences. The applicant/client indemnifies Loan Tracer SA and its service providers from and against any loss, damage, costs, expenses and liabilities which the applicant/client may suffer or incur as a result of or in connection with any claim or action by any third party arising out of the actions or omissions of Loan Tracer SA and its service providers save to the extent that the legal action or claim arises out of fraud; or the willful misconduct or gross negligence by Loan Tracer SA. The provisions of this clause will survive termination of this agreement.

17. Acceptance

17.1. All applicants/clients will receive a notification of acceptance of their application for the purchase of the Loan Tracer SA’s Convenient Service Package via email and/or sms.

17.2. However, once you have “ticked” the box prior to submitting your online/electronic application on the Loan Tracer SA website namely https://www.ltracersa.co.za, or instructing a telephonic agent to do so, these terms becomes binding upon you (the applicant/client).

18. NO VARIATION

No variation of, or addition to this Agreement shall be of any force or effect unless it is reduced to writing and signed by or on behalf of the Parties.

19. INDULGENCES

No relaxation, indulgence or concession granted by Loan Tracer SA to you (applicant/client) in respect of any of your obligations herein shall constitute a novation of any part of the Agreement nor otherwise prejudice, derogate from, or affect, any rights which Loan Tracer SA may have against you.

Comments are closed.