Updated 28 March 2024

Introduction

These Terms and Conditions (the ‘Terms’) govern the Smart Loan services which is a brand owned and operated by 3 Way Marketing (Pty) Ltd. In these Terms we refer to ourselves as ‘we’, ‘us’ or ‘our’.

Smart Loan is a facilitator that connects people to loan service providers that helps to find individuals the best terms for their loan. We do this by partnering with third party product and services providers. We work with some of the most respected lenders in the financial services industry and when you subscribe to the Smart Loan platform we connect you with the lenders who can assist you with your financing needs, as well as bringing you other deals, specials and promotions and that you may be interested in.

We will send to you or facilitate the sending to you of marketing communications via multiple channels, such as, but not limited to automated voice messages (AVM), SMS’s, WhatsApp, e-mail and outbound calls from us or our partner call centre in order to keep you updated and informed at all times.

You can review our Privacy Notice to see how we will responsibly use your personal information to achieve this goal.

You can choose to stop hearing from us at any stage. We will always provide you with the opportunity. To opt-out or unsubscribe. To Opt-Out or Unsubscribe please see below.

Contents of these Terms:

1. Visitors and Customers
2. When you are contacted
3. Becoming a Customer – Agreeing to our Terms and Services
4. Opting Out / Unsubscribing from our Terms and Services
5. Where a Credit cheque is Required
6. Changes to the Terms
7. No liability
8. Our Promise to you
9. Your Promise to us
10. Your Privacy
11. Governing Law and Jurisdiction

1. Visitors and Customers

If you have subscribed to our Services, then you are a “customer”. If you have chosen not to make use of our Services and are just visiting the website, you may browse certain features as a “Visitor”.

You need to read and understand our Terms because by becoming a Customer you agree and consent to be bound by them. Should you not agree with the Terms please opt-out of the services we provide.

As a Customer of our Services, the collection, use and sharing of your personal information is subject to our Privacy Notice.

You can contact us at any stage at enquiries@smart-loan.co.na with any queries or worries you might have. We like to receive your feedback so that we can speak to you and improve our services and we love receiving compliments, so keep them coming.

2. When you are contacted 

We often contact customers both on our behalf and on behalf of third-party providers being any provider of goods or services that we may put in touch with you to offer you goods or services that you may be interested in.

By subscribing to Smart Loan, you agree and consent that we may transfer your data to third party providers for the purpose of marketing relevant deals and offers to you through various social media and electronic communication channels, including but not limited to email, AVM, SMS, Whatsapp or telephone. 

We put you in contact with service providers and do not provide the services or goods ourselves. You are responsible for deciding if you want to access or use these service providers. They have their own legal terms and privacy policies, and you may be giving others permission to use your information so check to see what they do. Except to the limited extent it may be required by applicable law, we are not responsible for these service providers or their sites. Please see our Privacy Notice for more information.

We do not provide financial services or loans. What we do is put you in contact with registered financial services providers or credit providers who may be able to assist you as well as providers of other services or products that you may be interested in.

3. Becoming a Customer – Agreeing to our Terms and Services

There are many ways for you to agree to our Terms and subscribe to the Smart Loan services:

• SMS– when you reply to our SMS by typing the word ‘YES’ or where you agree to receive a quote and become a customer;
• Email – when you click on the hyperlinkin our email;
• Telephone– when you tell our call centre agent that we can contact you or when you provide your details for a quote or to purchase a product or service;
• Automated Voice Message (AVM) – you opt in when you press the number ‘1’;
• Social media (E.g. Facebook / Twitter)– you opt in by clicking on ‘call me back’ or ‘submit’;
• USSD– when you reply to our USSD messages and provide your information;
• Website – when you click on the ‘subscribe’ link on our Website;
• Online form: when you fill in one of our online forms and submit your information;
• Please Call Me (PCM) – when you reply to our please call me message and follow the steps as set out within.

4. Opting Out / Unsubscribing from our Terms and Services.

You can ask us to opt you out of the Smart Loan services at any time. There are many ways to do this:

• SMS– you opt out when you reply to our SMS by typing the word ‘STOP’;
• Email– you opt out when you click on the ‘unsubscribe’ hyperlink in our email;
• Telephone– you opt out when you tell our call centre agent to stop contacting you;
• Automated Voice Message (AVM)– you opt out when you press the number ‘9’; or
• Website– click on the ‘unsubscribe’ link on our Website which can be found

Some important things to know about opting out / unsubscribing:

• We will provide you with the opportunity to opt-out of our services during any communications we have with you;
• If you opted in to both the Smart Loan services and the services of any third party, then you will need to unsubscribe from the third party’s services directly in the manner set out in their Terms and Conditions. If you are unsure how to do this, you can contact us at enquiries@smart-loan.co.na and we will gladly assist you.

5. Where a Credit Check is Required

To enable our third-party providers to offer you provide you with offers that you might qualify for, it may be necessary for your data to undergo a credit check and go through the process of being scored and/or vetted and that your information may be enriched with credit information by an accredited Credit Bureau. You hereby consent to your information being processed by a third-party provider and/or Credit Bureau for this purpose.

You hereby consent to Smart Loan accessing your credit record with credit bureaus for the purpose of ensuring we can bring you deals and offers that are relevant to you and that you qualify for. We shall monitor your credit report for any changes that may have an impact on your risk profile or that may allow us to offer you additional products, manage your portfolio and improve our service delivery to you.

6. Changes to the Terms

Changes to these Terms, as well effective date, will always be shown on the top of the page. It is your responsibility to ensure that you familiarise yourself with the changes. If you do not agree with the changes affected, you are welcome to opt-out of the services.

7. No Liability

We will not be liable for any obvious error on our Website nor for any failure of this Website.

We simply put you in contact with the seller or service provider (which is the service we provide) and do not provide the services or goods ourselves. As a result, we do not accept liability for any inaccuracies regarding the description of goods or services or an inaccurate or misleading picture or video. You agree that any action for any defect, damage, mistake or misrepresentation will lie exclusively against the relevant seller or service provider and not against us.

If, despite this limitation on liability, we are found to be liable, that liability will be limited to N$5000.

8. Our Promise to you

Here are some of the promises we make to you when you opt in:

• We will do our best to let you know about services and goods that you might find of interest,
• We will respect any request you make to us to unsubscribe (but you must give us reasonable time for your request to unsubscribe / opt-out to be processed),
• We will abide by all applicable laws.

9. Your Promise to us

Here are some of the promises you make to us when you opt in to be a customer:

• You are 18 years of age or older
• You will not pretend to be someone else
• The personal information you provide will be correct
• You will update your personal information when it changes
• You will comply with all applicable laws
• You will not use our intellectual property or our affiliate’s intellectual property without our / our affiliate’s written permission (this does not apply to non-commercial use
• You will not post anything defamatory or use malware in any medium (such as on our website or in an email).

10. Your Privacy 

If you are our customer or a visitor to our site, then we do collect personal information about you. You can find out more about the personal information we have about you, how we use it and what your rights are, in our privacy notice, which can be found here.

11. Governing Law and Jurisdiction

These Terms are subject to the laws of Namibia, and you agree to the jurisdiction of the Namibian courts.