Aulta Terms & Conditions

Aulta provides consumers with free access to monthly finance reports for their business. These Terms and Conditions, including our Privacy Policy (together the “Terms”) provide a description of the services which we offer through our mobile application and website; and they set out our obligations to you as a service provider.

The Terms also place various obligations on you as a user so that we can provide and protect our website, our services and our brand. In addition, they provide important information on how we use cookies and collect and use your personal information, including your bank account information. As our services are provided at no financial cost to our users, the Terms also describe how we limit our liability to you with respect to our services and your use of our website.

Please take the time to read and understand the Terms before you make use of our services and website. If you do not want to be legally bound by these Terms in their entirety you must not accept these Terms, in which case you cannot use our website or our services.

For the avoidance of doubt, please note that the Terms do not affect your statutory (legal) rights, including any rights that you may have under applicable consumer laws that cannot be changed by agreement between you and us.

Introduction

These Terms set out our agreement with you about the use of our services and our website and are legally binding. We recommend that you print or email yourself a copy of these Terms for your future reference. Details of our services are set out in the Services section below.

Save as set out in these Terms, your use of our website and the content and Services which may be accessed through our website is at your own risk.

Whilst we take reasonable steps to ensure that the content of our website is accurate, current and complete, you acknowledge and agree, to the fullest extent permitted by applicable law, that our mobile application and website and the content and services available through it are provided on an “as is” and “as available” basis. In particular, you acknowledge and understand that neither we nor any of our service providers have any control over the content of the information provided by your financial institution (commercial bank).

We do not accept liability for the accuracy or completeness of any website content or content provided as part of our services. We do not accept liability for any errors or omissions or for the content becoming out of date. Certain features of our website will rely on data provided by you in order to generate output. We recommend that you confirm the accuracy and completeness of any content before relying on it.

References in these Terms and on our website to “we”, “our” or “us” are references to Alta Business Capital Proprietary Limited and/or (where the context permits) our third party service providers together with their subcontractors. References to “you” and “your” mean each natural or juristic person who uses our website or the associated services.

Information about us

Alta Business Capital Proprietary Limited is regulated by the National Credit Regulator (“NCR”). Our website is wholly operated by Alta Business Capital Proprietary Limited. Alta Business Capital Proprietary Limited is a private company registered in South Africa in terms of the Companies Act, 2008 under company number 2017/027531/07. Our registered business address is at 155 West Street, Sandton, Johannesburg, Gauteng, 2031 South Africa, and our sole director is Ms Tandzile Nzalo.

You can check our registration with the NCR by visiting or by contacting the NCR on 0860 627 627 (0860 NCR NCR). We will promptly advise you if at any time our authorisation is removed or suspended.

Our support email address is: success@aulta.app

Your contractual relationship in relation to our website and our services is at all times with Alta Business Capital Proprietary Limited and not with any of our affiliates, third party service providers or their subcontractors.

Changes to these terms

We may change these Terms at any time. We will notify you of any such changes by sending you an email alert, by posting a notice on our website or through the Services, or in any other manner we deem appropriate. You acknowledge and understand that your continued use of our website or our services will confirm your acceptance of the revised terms.

We may update our website and associated services from time to time, and may change the content at any time. Please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

Alta Finance Services

We are dedicated to helping our users gain more control over their financial wellbeing by providing access to financial reports on their business performance and providing free access to them. We also use this information to provide our users with matched offers of our credit products which are tailored to their profile and could help them grow their business.

On your acceptance of these Terms and our acceptance of your registration application, you engage us as a service provider to provide you with the following services: (a) obtain on a regular basis on your behalf, as your authorised agent and representative, your banking transactional and financial data from an authorised financial services provider registered as such with the Financial Sector Conduct Authority (FSCA). Please note that all costs for the retrieval and presentation of the financial information are paid by us; (b) hold on our systems and make this financial information available to you through our website. After you register with us, we will take you through a bank account verification process to securely identify your commercial banking account with your financial institution. Once your bank account has been validated, we will then provide you with a copy of your financial data as well as monthly financial reports. Provided you remain an active user of our services, we will obtain from an authorised financial services provider and/or commercial bank registered as such with the FSCA updated financial data on a continual basis and alert you via email that a new financial report is available; (c) undertake analysis and profiling of your and, where applicable, your financial associates’ (meaning any person with whom you have a joint financial account or mortgage, have made a joint credit application or have a joint court judgment) financial information (and any other information provided by you or on your behalf) and/or to make tools available to you to do so yourself, to assist you in being better informed about, understand and manage your financial health and position, and in order to identify and inform you of credit products (including personal loans and credit cards) that are likely to be suited to your credit circumstances; and (d) using your financial information and any other data you provide or make available to us for the purposes set out in these Terms, including our Privacy Policy, which expressly forms part of these Terms.

Certain parts of our services are supplied to us by our third party service providers such as financial data aggregators. To undertake bank account validation/verification and to provide our services we need to share information collected from you with our service providers, as further detailed in our Privacy Policy.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM FINANCIAL INSTITUTIONS WE ARE DOING SO AS YOUR AGENT AND REPRESENTATIVE. YOU AGREE THAT FINANCIAL INSTITUTIONS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORISATION AND AGENCY GRANTED BY YOU.

You will only receive updates on your financial performance and financial data while you remain an active user of our services. You acknowledge and agree that you will cease to be an active user if you do not log in to your account for more than 364 days. We will be entitled to stop providing you with financial data updates and close and delete your account if you do not log in to your account in any 364 day period. Before we end provision of our Services and our website and close and delete your account we will send you an email to alert you of our intention to do so. To resume the service, simply log in to your account within one month of receipt of the email alert.

We will provide you with information on credit products that we consider relevant to your financial performance. We aim to present only the economically advantageous products that you have a strong likelihood of being accepted for based on the merits of the product and your profile. Any credit product recommended or suggested to you will be supplied by us as a credit provider that is registered as such with the NCR in terms of the NCA. We do not charge you for the use of our website. Should you, as a user, elect to purchase any credit product offered on our website that credit product is subject to its own interest and commission charges. Credit products are offered to you through advertising on our website or otherwise. A description of the basis of the interest charges and/or commissions that we earn with each product offer on our website will be provided to you within that specific credit agreement.

Any information provided to you as part of our services is only as accurate, complete and up to date as the information supplied to us by the financial institution or other third party we use to obtain this information. You understand and acknowledge that we do not check the information we receive from third parties for accuracy or completeness. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user information, communications or personalisation settings.

If you have a query or dispute in respect of the services, please contact us directly using the details provided in the section Contact Us below. If the query or dispute relates to any information we have obtained from a financial institution or third party service provider, you acknowledge and understand that we may refer the query or dispute to them if we deem appropriate and you authorise us to do so.

By using our services, your records and, where applicable, those of your financial associates will be searched. Searches are carried out as follows: (a) as part of authenticating your access to the banking account, verifying your bank account and connecting that account to be used on aulta’s services, you will be required to input your online banking details. This will be carried out once at the time you register for our services; (b) whilst you remain an active user of our services, we will carry out searches against your financial information on a regular basis in order to provide you with your financial reports and transactions; and (c) we may share your information with third party service providers, such as financial services providers and other advertisers, in accordance with our Privacy Policy and your account’s privacy settings. Certain third party product and services providers may provide us with their own services to assess your suitability for particular products. If you would prefer not to share your information with such third party service providers, you can opt out of this at any time under your account preferences, by turning off “Change whether or not we can use quotation searches” in the “ My Account” section. If you do opt out of this, we will not be able to show you products that are specifically targeted to you and will only be able to show you generic advertisements which may be less suited to your financial circumstances.

Registering to use our website and our services

Before you can use our services you must register through our website. During this process you have the opportunity to access, review and receive a copy of these Terms, including our Privacy Policy, and by registering for an account you confirm your acceptance of them.

Presenting your financial data and financial reports is subject to you passing appropriate banking institution authentication for security purposes. Not all users will successfully pass the identity authentication process. Should you fail to get the required banking institution authentication through our third party service provider, we will not be able to furnish you with financial data and financial reports on our website and mobile application. When you register for our services by accepting these Terms, we may request personal details to verify your identity. We will use these details for the purposes of verifying your identity (and to prevent, detect and prosecute fraud and crime and comply with legal or regulatory requirements).

Accessing our website and our services

Our website and our services are made available free of charge. These Terms govern your access to and use of our website and the information available on it, including information you provide and that we collect on your behalf and facilities and services offered through our website.

You must be at least 18 years of age and a resident in South Africa to use our website and any services provided through it. You warrant to us (i.e. promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.

You may access and use our website and our services only for your personal use on your own behalf and not on behalf of anyone else. You must not engage another person, company, partnership or other entity to access our website or our services on your behalf. You must not order, or attempt to order, financial information about anyone else through our website.

When using our website or our services you must comply with the provisions of our Acceptable Use Policy below. You understand and acknowledge that your right to access our website or use our services will terminate automatically if you breach any of the provisions of our Acceptable Use Policy.

You understand and acknowledge that our website is intended for use by South African residents only. IF YOU CHOOSE TO ACCESS OUR WEBSITE FROM A LOCATION OUTSIDE OF SOUTH AFRICA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS RELATING TO SUCH ACCESS, INCLUDING VIEWING OR USING THE CONTENT OF OUR WEBSITE, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

We do not guarantee that our website, or any content on it or provided as part of our services, will always be available, uninterrupted or error free. Access to our website and our services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to our website or our services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have materially breached these Terms, or if we consider there is or is likely to be a breach of security.

Whilst we try to keep any disruption to our website and services to a minimum, our website and services may become unavailable from time to time in order for us to carry out planned and unplanned maintenance and security updates. In the case of planned maintenance, we will use our reasonable best efforts, where possible, to provide you with some notice of our intention to suspend the website or the services before we do so.

We will not be obliged to restore any of your data which may be deleted in the course of suspending, withdrawing or restricting your access to our website or our services. You understand and acknowledge that it is your responsibility to print out and/or save any materials or data which you may require in the future.

You are responsible for making all arrangements necessary for you to have access to our website including providing and maintaining any equipment used to access our website. You are solely responsible for any telecommunications costs that you incur whilst using our website.

Security

Your right to access our website and our services is personal to you. You must not allow any other person to have access to your account or our services using your username or password. You must keep confidential any username, password or other information you choose, or are provided with, as part of our security procedures. You must not disclose them to any other person nor keep them in any form or format that would allow them to be accessed by or on behalf of another person.

You are responsible for all use of our website and our services when access is obtained through the use of your username and password, whether or not authorised. For your security, we recommend that you close all open browsers relating to our website on completion of your visit. Should you have any reason to believe that any of your personal or account information has been compromised or exposed to any other person, either by your own actions or the actions of others, you must immediately notify us and reset your password.

Acceptable use policy

You may only use our website and our services for lawful purposes. You must comply with the acceptable use policy set out in this section (the “Acceptable Use Policy”).

You must not engage, authorise or permit any other person to directly access your account in order to obtain information provided or made available to you as part of our services (whether as agent or representative on behalf of, or as a service provider to, you or otherwise).

You must not, and you must not allow another person to, use our website (including any content or materials on it) or our services: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is fraudulent, or has any fraudulent purpose or effect (including by misrepresenting your identity or account information); (c) to access or interfere with another person’s records, impersonate another person or create or use a false identity or email address; (d) for your own or another person’s commercial purposes; (e) to harm or attempt to harm minors in any way; (f) to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”); (g) to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated; (h) to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website or services provided by our website; (i) to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it; (j) to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or (k) in any way that is not authorised by us or that is detrimental to us or our third party service providers.

You must not, and you must not allow another person to: (a) knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our website to become unavailable for use by others (including via any form of denial-of-service attack); (b) access without authority, interfere with, damage or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website (including where owned or used by any third party). (c) you undertake to fully co-operate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of this Acceptable Use Policy.

Content Standards

These content standards apply to any and all material which you contribute to our website and to any interactive services associated with it.

You must comply with the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must: (a) be accurate (where they state facts); (b) be genuinely held (where they state opinions); and (c) comply with applicable law in South Africa and in any country from which they are posted.

Contributions must not: (a) contain any material which is defamatory of any person; (b) contain any material which is obscene, offensive, hateful or inflammatory; (c) promote sexually explicit material, violence or any illegal activity; (d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) infringe any copyright, database right or trade mark of any other person; (f) be likely to deceive any person; (g) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (h) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (i) be likely to harass, upset, embarrass, alarm or annoy any other person; (j) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (k) give the impression that they emanate from us, if this is not the case; or (l) advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

Consequences of breach of the Acceptable Use Policy

You understand and accept that we may monitor and log user activity, and any material contributed by users, for security purposes and in order to identify any actual or potential misuse of our website or our services.

You further understand and accept that failure to comply with our Acceptable Use Policy constitutes a material breach of these Terms.

If we have reason to believe that you have, or you are likely to, use (or allow another person to use) our website or our services in breach of our Acceptable Use Policy, we may take such action as we reasonably deem appropriate including: immediate, temporary or permanent withdrawal of your right to use our website or services; immediate, temporary or permanent removal of any material contributed by you to our website; legal proceedings against you; and/or disclosure of such information to law enforcement authorities or regulators, where applicable, as we reasonably consider is appropriate.

Intellectual property rights

All intellectual property rights in our website, in the material published on it and in its component systems are owned by, licensed or sub-licensed to us. All content on our website is subject to copyright with all rights reserved.

Images, trade marks and brands are also protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.

You must not remove any acknowledgement that we or any of our contributors is the author of any website content or any content we provide to you as part of the services.

You may download or print content or individual sections or pages of our website for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

You must not modify, adapt, copy, download or post material from our website nor store any part of our website in any other website or include it in any public or private electronic retrieval system.

You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.

If you print off, copy, download or post to social media any part of our website in breach of these Terms you must, at our option, return or destroy any copies of the materials you have made.

Licence

You licence us to use any information, data, materials or other content (collectively “ Content”) you provide to us through our website or that we obtain on your behalf as part of the services we provide (such as your financial information) and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our services to you and for any other purposes set out in these Terms, including our Privacy Policy.

By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these Terms.

No reliance on information

The content on our website and any information provided to you as part of our services is provided for general information only. It is not intended to amount to advice on which you should rely. We do not control your financial information and we cannot change that information for you.

Any decisions you make on the basis of the financial information provided to you through our services or any other information we provide or make available to you, are purely your own choice.

Please therefore ensure that you have fully read and understand any relevant information which provides full details of the risks involved with any decision you make and full details of the costs involved in binding yourself to and under any credit agreement. You may wish to consider obtaining professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our website or any other information we provide or make available to you.

Limitation of our liability

PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY, AS THEY EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSSES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND OUR SERVICES.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, any duties or liabilities that we owe to you under the NCA or the rules of the NCR, nor any other liability that cannot be excluded or limited under applicable law, including applicable consumer laws.

To the fullest extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our website, any content on it or services accessed through it, whether express or implied.

To the fullest extent permitted by applicable law, we will not be liable to you or any third party for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, inability to use or unavailability of, our website (or any part of it), websites linked to it, or our services; (b) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services obtained or accessed through our website including use of or reliance on any content displayed on or made available through our website; (c) unauthorised access to or alteration of your transmissions or data; or (d) any inaccuracy or incompleteness of any information received by you or by us through our website or as part of our services.

We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you accepted these Terms.

It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a credit or other product before doing so.

Where we have indicated your likelihood of success with respect to products matched to your profile, or where we have provided indications of how much money you may save, these are provided for information purposes only and should not be relied upon when making decisions. We do not accept any liability or provide any guarantee with respect to your eligibility for or success in obtaining products matched to you or advertised on our website. You understand and acknowledge that your eligibility for any credit product, whether suggested by us or not, will at all times be subject to the credit terms and conditions and to all requirements imposed in terms of the NCA (including but not limited to the carrying out by the relevant credit provider of an appropriate affordability assessment to verify that you are able to afford to take on further debt).

Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our website is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.

We do not charge you any fee for access to and use of our website or our services. On this basis our total aggregate liability for any losses and/or damage suffered by you will be limited, to the fullest extent permitted by applicable law, to R1,000.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

Links to other websites and third party resources

Where our website contains links to other websites or resources provided by third parties, these links are provided for your information only and do not imply any endorsement by us of the linked website or resources or any related products or services.

While we do take reasonable care to provide links to reputable websites, you understand and acknowledge that we have no control over, and accept no responsibility or liability for, the contents of those websites or resources. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them entirely at your own risk.

Duration of our services and termination of this agreement

In the event that you commit a material breach of these Terms, including any breach of our Acceptable Use Policy, we reserve the right to terminate your agreement with us and your use of our website or any products or services contained in or obtained through our website (including the Services) immediately upon our giving you notice in writing to the email address provided by you when you registered for your account (or any email address you subsequently provide).

If you no longer wish to receive our services you can close and delete your account by visiting the ‘My Account’ section and clicking on ‘Delete Account’. Please note that once deleted, your account cannot be recovered and you will not be able to access the financial or other information we hold about you through our website.

Please note that if you withdraw consent to the processing of your personal data, access to our website and the services will be suspended or terminated.

Privacy and cookies

Our Privacy Policy and Cookies Policy form part of these Terms. By using our website or our services you consent and agree to the processing of your personal information and our use of cookies in accordance with those policies.

Our address for notices and service of legal process

Our chosen address for the service of any legal notice or process is: Alta Business Capital Proprietary Limited 155 West Street, Sandton, Johannesburg, Gauteng 2031, South Africa.

General

The headings used in these Terms are for convenience only and shall not affect their interpretation.

In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.

Use of the words includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.

We shall not be liable for any delay or failure to provide our services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.

Each of the provisions of these Terms (or part of any provision) is severable (ie each provision may be severed or cut from the Terms in order to leave the remainder of the Terms valid and standing). If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms. You may not assign any of your rights or obligations under these Terms.

These Terms (including our Privacy and Cookie Policy) constitute the whole agreement and understanding between you and us in relation to their subject matter and the use of our website and our services. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our website or our services are superseded, except as otherwise expressly stated in these Terms.

You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also expressly agree that any notice or other communication made in such manner will be deemed to have been received by you 96 hours after email or posting.

Contact us

You may contact us by emailing

success@aulta.app

Disputes and applicable law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with South African law, without reference to any conflict of laws provisions.