Fundi Terms and Conditions
Fundi is a registered credit provider and adheres to the regulations as laid out by the National Credit Act (NCA).
When applying for an educational loan with Fundi you will be guaranteed that your application will be dealt with in a manner that is in line with the NCA. What does this mean?
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The Promotion of Access to Information Act, 2 of 2002 (“the Act”) gives effect to the right of access of information held by a public body (i.e. Government institutions) or private sector bodies (i.e. companies) as stipulated in section 32 of the Constitution, that is required for the exercise or protection of the requester’s right.
This information manual (“manual”) provides an outline of the types of records held by Edu-Loan (Pty) Ltd (“Fundi”) and explains how one may submit requests for access to these records in terms of the Act.
A guide of the Act is available from South Africa Human Rights Commission (“SAHRC”) website: www.sahrc.org.za.
2. AVAILABILITY OF THIS MANUAL
The requester can access the Manual on Fundi’s website at www.Fundi.co.za or request a copy by e-mail from Fundi’s Governance Department as provided for in paragraph 3.
3. INFORMATION OFFICERS CONTACT DETAILS
4. RECORDS HELD BY FUNDI
Fundi maintains record in the following categories and subject matters. Requests regarding any of these categories of information will be evaluated on a case by case basis in accordance with the Act.
“Employee” refers to any person who works for or provide services to or on behalf of Fundi and receive or is entitled to receive any remuneration and any other person who assists in carrying our or conducting any work or services to Fundi.
Records are kept in respect of other parties including contractors, suppliers, departments, service providers.
5. STEPS TO CONSIDER BEFORE SUBMITTING A REQUEST
The following step must be considered before submitting a request:
STEP 1: The purpose of the information that the requester requests:
Please note that section 7 (1) states that: “This Act does not apply to a record of a public body or a private body if –
If section 7(1) applies, the requester may not bring a request in terms of this Act. The Requester must use the rules and procedures for discovery of information of the relevant legal forum and proceedings that he/she is involved in. Fundi reserves the right to claim all expenses and other damages incurred as a result of a requester submitting a request in contravention of section 7(1).
STEP 2: Does the information requested exist in the form of a record?
The Act only applies to documents that are in existence at the time of receiving the request. The Act does not compel anyone to create a record which is not yet in existence at the time the request is made.
STEP 3: Is the document in the Possession or under the control of Fundi?
The Act provides that the record requested must be in Fundi’s possession or under its control. If the document is not in the possession of Fundi the requestor must request the document from the party under whose possession or control it is.
6. HOW TO SUBMIT REQUEST FOR ACCESS
Complete the request form in Annexure 1 to this Manual (“the Request Form”). The requestor may send the completed form to the information officer as set out in Paragraph 3.
The requestor must provide sufficient information to enable us to adequately identify –
DESCRIPTION OF THE RIGHT
An adequate description of the right that the requester seeks to protect or enforce by means of the records requested. The court has indicated that the access to the records must be necessary for exercise of the protection of the right so stated.
Fundi may refuse the request of access of information is the right is not clearly defined or where the right you claim to seek to exercise or protect does not qualify as a right as contemplated in the Act.
In the event that the request is made by another person on behalf of the requester, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of Fundi.
ILLITERACY OF DISABILITY
If a person is unable to complete the prescribed form due to illiteracy or disability, such a person may make a request orally.
The prescribed access fee, if applicable, as provided for in paragraph 7 below must be paid and proof of payment must be submitted along with the request.
7. PRESCRIBED FEES
The Act provides for two types of fees, namely: Request fee, which is a standard fee; andan Access fee, which will be calculated taking into account reproduction costs, search and preparation time and cost, as well as postal costs. The requester, other than a personal requester must pay the prescribed R50.00 (fifty rand) request fee, before submitting the request and provide a deposit slip as proof of such payment which must accompany the Request form.
“Personal requester” - means a requester seeking access to a record containing personal information about the requester.
“Personal information” - means information about an identifiable individual, including but not limited to-
If the search for and preparation of the record, including arrangement to make it available in the requested form, require more than the hours prescribed in the regulation for this purpose, the information officer will request you to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted. The information officer may withhold the record until the requester has paid the fees as indicated in ANNEXURE 1.
A requester whose request has been granted must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.
You may ask for a refund of the deposit if your request for access is refused.
8. CONSIDERING YOUR REQUEST
Subject to the provisions in the Act in respect of the extension of time periods, Fundi will process the request within 30 days, unless you have stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with.
Fundi will inform you in writing whether the access has been granted or denied.
The main grounds for Fundi to refuse a request for information relate to the –
9. REMEDIES OF THE CONSUMER
The decision made by the Information officer is final. If your request is denied, you are entitled to apply to a court with appropriate jurisdiction for relief.
"Fundi” online privacy commitment to you
The term "personal information" as used throughout this policy, applies to any information or set of information that identifies or that is used by or on behalf of “Fundi” to identify an individual. Fundi shall align the definition of personal information to the definition of personal information to expand to the definition of personal information in terms of the Protection of personal information Bill (POPI) once promulgated.
How does “Fundi” collect personal information in the website?
In the Website “Fundi” collects personal information. There are two methods that “Fundi” uses to collect personal information online:
“Fundi” collects personal information and other data that you may enter into forms or data fields. Such information may include, but not be limited to, contact information (such as your name, postal address, e-mail address, telephone number, user ID and password), date of birth, professional credentials, hobbies and interests.
The Website could use tracking technologies, such as cookies, to provide additional functionality that enables you to use the resource more effectively. “Fundi” uses tracking technologies in ways that do not identify you personally, or to remember whether you have identified yourself as a user of the application.
In some cases, “Fundi” may use tracking technologies in ways that identify you personally, but only after you have entered personal information into a form or data field in the Website, or where we have registered you to use our resources by providing a user ID and password based on information validated through other offline interactions with you. We may use tracking technologies to remember your personal preferences and selections, such as personal information that you have entered into data fields on the Website, answers that you have provided in response to our surveys, or sections of the Website that you visit frequently.
Why does “Fundi” collect, use and disclose personal information?
“Fundi” collects personal information as necessary to enable individuals to register for, customize and personalize the Website. “Fundi” analyzes personal information collected in the Website to identify and offer additional services that we believe you might find interesting. “Fundi” evaluates use of some online resources and communications with non-identifiable information only. “Fundi” also may use personal information to audit its online resources for authorized access and security.
Does “Fundi” consolidate personal information?
Consistent with the purposes identified and standards set within this policy and other applicable privacy notices that have been provided, in some cases “Fundi” consolidates and uses personal information that individuals share with “Fundi” through various services and channels, such as the telephone, surveys, Websites and other online resources and communications, in order to enhance the quality of services that we offer.
What choices do I have about how “Fundi” collects, uses and discloses personal information about me?
Some “Fundi” resources may request your permission to use and disclose personal information about you in order to add you to our contact lists, and to identify and offer additional services that we believe you might find interesting. You can limit the use of personal information about you by checking or un-checking options provided at the time that you enter that information.
Who will have access to personal information about me?
Personal information about you will be accessible to “Fundi”, including its subsidiaries, divisions and to individuals and organizations that use personal information solely for and at the direction of “Fundi”. Uses and disclosures of personal information by external individuals and organizations acting on “Fundi” behalf are governed by contracts that require personal information to be protected appropriately. Personal information about you only will be used and disclosed by “Fundi” and individuals and organizations working on its behalf, in a manner consistent with this policy, other applicable privacy notices, and as explicitly permitted or required by applicable laws, rules and regulations.
Does “Fundi” share personal information with third parties?
In general, “Fundi” does not sell personal information about you, however, circumstances may arise where “Fundi” may, for business reasons, decide to reorganize or divest its business through sale, merger or acquisition. In these circumstances, personal information may be shared with actual or prospective purchasers. “Fundi” will obtain written assurances that personal information will be protected appropriately in these circumstances. Except where explicitly permitted or required by law, or provided in this policy, personal information about you will not otherwise be shared without your permission.
How does “Fundi” secure personal information?
“Fundi” will take commercially viable reasonable steps to protect personal information as it is transmitted from your computer to our online resources and servers, as well as to protect personal information in its possession from unauthorized access, disclosure, alteration or destruction. It is your personal responsibility to secure your own copies of your passwords and related access codes for our offline resources.
How does “Fundi” protect the privacy of children?
The Website is not directed at children and the online and offline services that we offer are designed for individuals who are 18 years of age or older.
How may i access and correct personal information about me?
To gain access to personal information about you collected in the Website, and to keep it accurate, complete and current, you may contact us at the address most relevant to you. Where offered, you also may update personal information about you in the Website by modifying information that you previously have entered into forms or data fields in the Website. Where permitted by law, your ability to access and correct personal information will be limited where access and correction would:
Should you have questions about this policy or “Fundi” information collection, use and disclosure practices, you may contact us at the address most relevant to you. You may access this list of addresses online at http://www.fundi.co.za/ or email email@example.com. When you contact us, please note the name of the resource to which you provided the information, as well as the nature of the information that you provided. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of personal information about you. Except where required by law, “Fundi” cannot ensure a response to questions or comments regarding topics unrelated to this policy or “Fundi” privacy practices.
How will I know whether “Fundi” has updated this policy?
“Fundi” may update this policy periodically. “Fundi” reserves the right to modify, add or remove portions of this privacy statement at its discretion. If we decide to change this policy, we will post those changes on this screen of the Website so you always will know what information we gather, how we might use that information, and whether we will disclose it to anyone.
This policy was last updated on June 2013.
This Website is intended for residents of South Africa.
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As consumers, we all need to know that we now have greater rights when dealing with any provider of goods or services. Here we provide an outline of the Consumer Protection Act 68 of 2008 (CPA). We encourage you to get to know the Act in greater detail to understand how it works for you. You can get more information from the Department of Trade and Industry (www.dti.gov.za).
2. What is the Consumer Protection Act?
The Act is based on fairness and equality for all consumers. In so doing, it provides consumers with a greater level of protection against providers of goods and services.In brief, this is how the CPA does this:
3. Who is a consumer?
Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers, users of particular goods or recipients/beneficiaries of services.
4. The Consumer Protection Act applies to the following:
5. The Act is not applicable in respect of:
6. What does goods and services mean?
“Goods” are anything marketed for human consumption. This ranges from food to literature, music to photograph, films to games, software to data, and water to electricity. The Act does provide a comprehensive definition of the “goods”.
“Services” are also defined in the Act and refers to “any work or undertaking performed by one person for the direct or indirect benefits of another”. This includes providing of education, information, advice and banking or related financial services.
7. Consumer rights
The Act lays down nine fundamental rights for consumers.
Let’s take a closer look at each right.
Fundamental Right No.1: Right to equality in the consumer market and protection against discriminatory marketing practices. This means that you have the right to the following.
Fundamental Right No.2: Right to privacy
A consumer has the right to:
Fundamental Right No.3: Right to choose
A consumer has the right to:
Fundamental Right No.4: Right to disclose of information
You have a right to:
Fundamental Right No.5: Right to fair and responsible marketing
As a consumer you have the right to:
Fundamental Right No.6: Right to fair and honest dealings
A consumer has the right to:
Fundamental Right No.7: Right to fair, just and reasonable terms and conditions
You have the right to:
Fundamental Right No.8: Right to fair value, good quality and safety
A consumer has the right to:
Fundamental Right No.9: Right to accountability from suppliers
A consumer has a right to:
8. How the CPA is being enforced?
The Act gives rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act in September 2006, and is responsible for the adjudication of violations and transgressions of the National Credit Act and the Consumer Protection Act.
9. How do you resolve a complaint?
Consumers are encouraged to, as first point of contact, contact Governance Department on the following contacts:
If the complaint has not been resolved to your satisfaction then you may contact the Consumer Help Line, via