Financial solutions for retired homeowners

Terms and Conditions

 

Last updated: 1 November 2019

1. What are these Terms?

These are the “Terms” that apply when you use of our Website and regulate our relationship with you. They create a legally binding contract between us.

 

2. The essential point of these Terms

We will have no obligations to you whatsoever, and we will not be liable at all for any liability, damage or loss that you may suffer because of using our Website or because of an inability to use our Website. You should not rely on any information on our Website for advice. You use our Website at your own risk.

 

3. Our Website

Our “Website” is found at https://www.waterfinancial.biz.

 

4. When do these Terms apply?

These Terms apply if you access or use our Website. Don’t use our Website if you don’t absolutely agree to these Terms.

 

5. Other applicable terms

Yes, there is also a privacy policy and there may be additional terms that apply for specific products or services or subscriptions that we offer through our Website. An example of the specific terms is when you apply for credit and enter into a credit agreement with us. If there is a conflict between these Terms and the specific terms, the specific terms will apply.

 

6. Changes to our Website and/or these Terms

We have the unfettered right (as far as the law allows) to suspend, change or add to our Website, and to change or add to any of these Terms, at our discretion, and these changes will apply as soon as we make them.

 

7. Use of our Website

7.1 You may not:
7.1.1 distribute any content from our Website without our prior consent;
7.1.2 use any technology, including but not limited to crawlers and spiders to search our Website or obtain information from our Website;
7.1.3 frame our Website or any pages;
7.1.4 link to our Website in a manner other than through the homepage;
7.1.5 deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us;
7.1.6 provide us with any information which, to your knowledge, is untrue or incorrect;
7.1.7 change, modify, circumvent, disable or tamper with any part of our Website, including its security features; and/or
7.1.8 use our Website for commercial purposes, unless in terms of a written agreement signed between us.

7.2 We give you a limited license that we may revoke at any time to use our Website in the following ways only:
7.2.1 for your own personal use;
7.2.2 subject to these Terms;
7.2.3 on condition that you have the legal capacity to enter into an agreement in terms of South African law.

7.3 The limited license in clause 7.2 does not extend to our Website’s source code, software or any computer program that forms part of our Website.

 

8. Intellectual property

All our intellectual property is ours exclusively, not yours: this means that you absolutely agree that all right, title and interest in, and to, any of our intellectual property (in its widest possible, legal and commercial sense) that you can view or access from our Website is proprietary to us, and will remain so. You will not acquire any rights of any nature in our intellectual property when you use our Website, services or products.

 

9. Third party sites

Our Website provides hyperlinks to third party websites and/or apps from time to time. When you access and use these third-party websites, apps, products, services or business you do so solely at your own risk.

 

10. Limitation of liability

10.1 You hereby agree that, subject to applicable law, we (including our directors and/or employees) will not be liable for:
10.1.1 any incorrect information or images that we provide or upload to our Website and on which you rely;
10.1.2 any internet data usage charges that you incur while you use our Website;
10.1.3 any interruption, malfunction, downtime, off-line situation or other failure of our Website, our systems, databases or any of its components;
10.1.4 any loss directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third-party systems or programming defects; and/or
10.1.5 any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.

10.2 You indemnify and hold us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the above, and whether due to negligence or not.

 

11. Law and disputes

South African laws apply to these Terms and how we interpret it. You consent that the Magistrates’ Court will have jurisdiction even if the proceedings are otherwise beyond its jurisdiction.

 

12. Getting in touch

Please email us at for any enquiries about our Website.

 

13. Legal disclosure

13.1 Site owner: DiHydO Finance (Pty) Limited (trading as “Water Financial”), registration number 2016/343420/07.
13.2 Legal status: Water Financial is a private company, duly incorporated in terms of the applicable laws of South Africa.
13.3 Director(s): Christopher Michael Loker; Martin Goodman.
13.4 Description of main business of Water Financial: Secured lending.
13.5 Email address: .
13.6 Website address: waterfinancial.biz
13.7 Physical address: Waterfront Pavilion, Dock Road, V&A Waterfront, Cape Town.
13.8 Postal address: Postnet Suite 126, Private Bag X7, Sea Point, 8060.
13.9 Registered address:  Waterfront Pavilion, Dock Road, V&A Waterfront, Cape Town.
13.10 Membership of any self-regulatory or accreditation bodies to which Water Financial belongs or subscribes and the contact details of that body:

– DiHydrO Finance (Pty) Ltd is a registered Credit Provider with the National Credit Regulator. Registration Number: NCRCP13085.
or 011 554 2700