Terms of Use

01About these terms

These Terms of Use ("Terms") govern your use of the website at www.instantfund.co.za and the free loan-matching service operated under the Instant Fund brand ("the Service", "we", "us", "our"). By using the Service you confirm that you have read and accept these Terms. If you do not accept them, please stop using the Service.

We have tried to write these Terms in plain English. Where a defined word is used (like "matched lender") we mean it the way the definition below says we mean it, even where it appears in lowercase elsewhere on the site for readability.

02Who we are

Instant Fund is an independent online loan-matching and comparison service operating in South Africa, with its head office in Sandton, Johannesburg. Contact details are at the end of these Terms.

03What the service does (and doesn't)

When you complete the application form on the Service, we share your application details with one or more panel lenders we believe may be willing to consider you. Each panel lender then runs its own affordability and credit assessment, and decides — independently of us — whether to make you an offer.

The Service does:

• Provide an indicative loan calculator to help you frame your request
• Take your application details through one form and pass them to relevant panel lenders
• Surface matched offers from panel lenders back to you
• Help you reach the right panel lender contact if you need to talk to them after the loan is signed

The Service does not:

• Decide whether you qualify for credit
• Set the interest rate, fees, term or any other condition of any loan
• Pay money to you, or collect money from you
• Issue, sign, vary, suspend or cancel any credit agreement
• Guarantee that any panel lender will offer you credit

04Cost & how we get paid

The Service is free for you, the applicant. We do not charge a fee, levy, subscription or any other amount for using the website or the matching process.

We are paid a referral fee by the matched lender when an application we refer leads to a signed credit agreement. This is a standard credit-broker referral model.

05Eligibility & your account

To use the Service you must:

• Be at least 18 years old, the minimum age for credit under the NCA
• Be a South African resident with a valid South African ID
• Have an active South African bank account in your own name
• Provide accurate, current and complete information on your application

If you apply on behalf of someone else, or with someone else's identity or banking details, you may be committing fraud. We will report suspected fraud to the matched lender, to the South African Fraud Prevention Service (SAFPS) and, where appropriate, to the South African Police Service.

You agree that the email address and cellphone number you provide are channels we and the matched lender may use to contact you about your application.

06Your data & POPIA consent

Your privacy matters. Our full Privacy Policy explains in detail how we collect, use, store and share your personal information under POPIA. The headlines:

• We collect only the information needed to assess and refer your application: identity, contact details, employment and income information, banking details, and supporting documents you upload.
• We share that information with panel lenders for the purpose of considering your application, and with service providers (hosting, fraud screening, identity verification) under contracts that bind them to POPIA-equivalent standards.
• We do not sell your information to third parties for marketing.
• You may withdraw your consent at any time by emailing [email protected]. Withdrawal does not affect processing that already happened lawfully, and may stop us from completing your match.
• You have the rights set out in POPIA, including the right to access, correct or request deletion of your information, and to lodge a complaint with the Information Regulator.

07Your relationship with the matched lender

If a panel lender approves your application and you accept their offer, you sign a credit agreement directly with that lender. Instant Fund is not a party to that agreement.

From the point of signing, the matched lender is solely responsible for:

• Paying the loan amount into your bank account
• Setting and collecting the agreed repayments by debit order
• Issuing statements, settlement quotes and reminders
• Reporting your payment behaviour to South African credit bureaus
• Handling any change of repayment date, early settlement or restructure
• Complying with the NCA, including the five-business-day cooling-off period on short-term credit agreements

If you have a dispute with the matched lender, raise it with them first. If they fail to resolve it within 20 business days, you may escalate to the Credit Ombud at no cost. The Credit Ombud's decisions are binding on NCR-registered credit providers.

08Indicative figures & calculator

The loan calculator on our website is an indicative tool only. It gives you a rough idea of what a typical short-term loan might cost under NCA fee caps. It is not a quote, not an offer, and not binding on any lender.

The only binding figures for a specific loan are the ones in the matched lender's pre-agreement quote, which they must give you under the NCA before you sign. Read that document. The number it says you will repay is the number you will repay.

09No financial advice

Nothing on the Service is financial, credit, tax or legal advice tailored to your circumstances. We provide general information about short-term credit and route applications to lenders. We do not assess your wider financial position, recommend particular products, or tell you whether borrowing is right for you.

If you need advice, speak to a qualified financial adviser. Borrow only what you can comfortably repay.

10Acceptable use

When using the Service, you agree that you will not:

• Submit false, misleading or stolen information, or apply in someone else's name
• Use the Service for any purpose that is unlawful under South African law
• Attempt to access parts of the website, networks or systems you are not authorised to use
• Scrape, crawl, mirror or copy the website or its content other than as a normal user
• Upload viruses, malware or anything else intended to damage the Service or other users
• Interfere with the operation of the Service or with other applicants' use of it

We may suspend or end your use of the Service at any time, without notice, if we reasonably believe you have breached these rules.

11Intellectual property

The Instant Fund name, logo, designs, copy, software and the overall look and feel of the website are owned by us or our licensors and are protected by South African copyright, trade mark and other intellectual property laws. You may view and print pages for your own non-commercial use. You may not republish, reproduce, frame or sell any part of the website without our prior written permission.

12Liability

We work hard to keep the Service accurate, available and useful. We cannot, however, guarantee that it will be uninterrupted, error-free or that it will produce a loan offer for you. To the maximum extent allowed by South African law (including the CPA):

• The Service is provided on an "as is" and "as available" basis.
• We are not liable for the conduct of any matched lender, including any decision to approve or decline your application, the terms of any loan, the speed of payout, or any collection activity. Those are matters between you and that lender.
• We are not liable for any loss, damage or cost caused by inaccurate information you provide, by unauthorised access to your accounts or devices, or by events outside our reasonable control (such as bank EFT downtime or load-shedding).
• Our total aggregate liability to you for any matter arising from the Service is limited to the amount we have actually received from you in the previous 12 months, which — because the Service is free — is zero rand. This limitation does not apply to losses we are not allowed to limit under South African law, including liability for gross negligence, fraud or wilful misconduct.

13Indemnity

You agree to indemnify Instant Fund against any loss, claim or cost (including reasonable legal fees) we suffer because you used the Service in breach of these Terms or in breach of any applicable law — for example, by submitting false information or by applying in someone else's name.

14Changes to these terms

We may update these Terms from time to time to reflect changes in the Service, in our business or in the law. When we make a material change, we will update the "Last updated" date at the top of this page and, where the change is significant, we will post a notice on the home page for at least 14 days. Continued use of the Service after a change means you accept the updated Terms.

15Complaints, disputes & governing law

If you are unhappy with anything to do with the Service itself (not a matched lender), please contact us first at [email protected]. We will acknowledge your complaint within 5 working days and aim to resolve it within 20.

If you are unhappy with a matched lender, raise the complaint with that lender first. If they fail to resolve it within 20 business days, you may escalate to the Credit Ombud. For complaints about how your personal information has been handled, you may lodge a complaint with the Information Regulator of South Africa.

These Terms are governed by the laws of the Republic of South Africa. The Magistrates' or High Courts of Gauteng have jurisdiction over any dispute, subject to the consumer's rights under the CPA to bring proceedings in another competent court.

Nothing in these Terms limits any right you have under the National Credit Act, the Consumer Protection Act, POPIA or any other South African law.

16Contact

Questions about these Terms?

• Email: [email protected]
• Privacy queries: [email protected]
• Complaints: [email protected]
• Phone: 0860 INSTANT (0860 467 826), Mon–Fri 8am–6pm, Sat 9am–1pm
• Office: Sandton City, Sandton 2196, Johannesburg, ZA — by appointment only