Terms of Use

1. Introduction

This is the website of CAPISENSE CC (Registration No. 1997/045328/23) – also known as CAPISENSE or within this document referred to as "us", "our", we". We are a private closed corporation registered in the Republic of South Africa.

CAPISENSE is a registered credit provider (NCR CP668).  You can contact us regarding this website at capisense@mweb.co.za

CAPISENSE provides the information contained in this website and the pages comprising the website, and advertises and offers the services advertised on this website from time to time (service/s) to users (you), subject to the Terms of Use set out herein (the terms).

Please read these terms, together with our Privacy Policy carefully – they will govern our relationship with you in relation to your use of www.capisense.co.za (the/this website) and will constitute an ongoing binding agreement between CAPISENSE and yourself.

2. Acceptance of Terms

By using the website, you are deemed to have read, understood and agreed to the terms. CAPISENSE may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you use the website, you agree to be bound by the terms.

If you do not accept these Terms of Use, please do not continue to use this website. Please note that the Terms of Use stated in this document refer to the use by you of this website and are not related to any commercial agreement concluded between you and CAPISENSE or any other third party following from the use of this website.

3. Content of the website

While CAPISENSE do their best to update the information provided on the website on a regular basis, we make no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website.

The information, ideas and opinions conveyed on this website are of a general nature and should not be regarded as financial or other advice. Before making any decision or taking any action based on, or in relation to information, ideas and opinions conveyed on this website which might affect your personal or business finances, you should take appropriate advice from a suitably qualified person.

CAPISENSE has its offices in South Africa. Content related to the products and services presented on this website are based on the laws of South Africa. Your use of this website and any dispute arising out of the website is subject to the laws of South Africa. Any dispute arising out of the use or publication of this website is subject to the exclusive jurisdiction of the courts of South Africa.

4. Use of the website and indemnification

By accessing this website, you guarantee and signify to CAPISENSE that you are legally entitled to do so. If you subscribe to any of our products you guarantee and signify that you are legally authorised to subscribe for such services. You further guarantee you will not use the website, the products and/or the services or any information made available or sent to you by us following on your use of the website for any purpose that is unlawful or prohibited under South African or international law or is a contravention of the terms. You hereby indemnify CAPISENSE against any loss, liability, damage or expense of whatever nature which CAPISENSE or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the guarantees in these terms.

This website is available to you for your non-commercial use. We may modify, withdraw or deny access to this website at any time.

You may print pages for your private use but no part of this website may be copied or spread for any other purpose. This website is intended to provide general information regarding CAPISENSE, our products and services, and other information which may be of interest to you. It is not intended to provide complete treatment of any subject. The information on this website including all research, opinions or other content is not intended to and does not represent financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should take appropriate advice from a suitably qualified person.

5. Copyright and Intellectual Property

Copyright and all intellectual property rights and all materials, writings, depictions and data made available on the website (collectively "the materials") are owned by CAPISENSE, in other words CAPISENSE is the legal user thereof, and are protected by both South African and international intellectual property laws.

Any not permitted copying, reproduction, circulation, spreading, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will be an infringement of such copyright and other intellectual property rights. You may use the materials or any component thereof only for your own internal purposes and for purposes of considering and making use of the services offered by CAPISENSE. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of CAPISENSE. Nothing contained on this website should be interpreted as granting any authorization or right to use any trademark without the prior written consent of CAPISENSE.

6. Third party links

This website may sometimes also include links to other websites. These links are provided in order to increase the importance of other presented material and are not intended to indicate that CAPISENSE approves or otherwise has any responsibility for the material of the linked website.

No commendation or approval of any third party or their advice, opinions, information, products or services is communicated or implied by any information on this website. External links may be provided for your convenience, but they are beyond the control of CAPISENSE and no testimony is made as to their content. Use or dependence on any external links provided is at your own risk. When visiting external links you must refer to their terms of use. No hypertext links may be made from any website controlled by you or otherwise to this website without the express prior written permission of CAPISENSE.

7. Permission to link to this website

Nobody may create a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as “linking”), to this website or any supplementary pages before receiving CAPISENSE’s prior written approval, which may be withheld or granted subject to the provisions CAPISENSE stipulates from time to time.

8. Framing

No person, business or website may frame CAPISENSE’s website or any of the pages on this site in any way whatsoever.

9. Crawlers and spiders

No person, business or website may use any technology to search and/or gain information from CAPISENSE’s website without our prior written consent.

10. Guarantees, disclaimers and limitation of liability

  • You use this website at your own risk.
  • CAPISENSE makes no guarantees or statements of any kind (specific or implied) with regards to the website or its content.
  • CAPISENSE shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of using this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
    • errors or inconsistencies in the information provided;
    • relying on the information generated by a calculator or other online tool available on this website.  Such calculators and online tools are merely for information purposes and their results are not a representation by CAPISENSE about its products and do not bind CAPISENSE in any manner;
    • any unauthorised access or alteration of this website by third parties;
    • any breakdown or failure of any equipment or medium of access to this website;
    • any failure or unavailability of this website or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website;
    • the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access this website; or
    • alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
  • You hereby indemnify CAPISENSE against any demand, claim or action for direct damages, indirect damages, corrective damages and/or consequential damages or orders against CAPISENSE relating to or in connection with your use or accessing of this website whether such demand, claim or action was caused directly or indirectly for any reason whatsoever.
  • CAPISENSE reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
  • You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via this website. CAPISENSE is not liable for loss of any content that you access, upload, post, email or otherwise transmit via this website and you should keep a backup copy of all such content.

11. General matters

  • Nothing on this Website should be treated as an offer capable of acceptance but merely as an invitation to do business with CAPISENSE.
  • If any provision of these Terms of Use is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
  • The laws of the Republic of South Africa apply to these Terms of Use, as well as the relationship between yourself and CAPISENSE, as far as it concerns the use of this website or any matter that may arise from such use.
  • Breach of these Terms of Use entitles CAPISENSE to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to CAPISENSE on an attorney and client scale.
  • In its sole and unconstrained discretion, CAPISENSE reserves the right to terminate access of a person/s to this website for any reason and without notice.
  • Nothing on this website constitutes financial or investment advice.
  • Products or services offered on this website, if any, are offered to South African residents only and not to any persons residing outside the Republic of South Africa.
  • If you have used a user ID and/or password to access any of the functionality of this website, you are solely responsible for the following:
    • ensuring that your user ID and password remain confidential and are not disclosed to any third party;
    • any and all transactions, information submitted or other actions performed using your user ID and password; and
    • the immediate notification to CAPISENSE in the event that your user ID, password or account is disclosed, compromised or subject to any use not authorised by you.

12. Privacy Policy

We respect your privacy and your personal information (even if you do not become or are no longer a client of ours) and refer you to our privacy policy which governs the way in which we collect and use the personal information provided to us as part of the application process. You give CAPISENSE permission to collect and use your personal information when you use this website.