BRIDGEFIN SOLUTIONS (PTY) LTD
WEBSITE, PORTAL, APPLICATION AND GENERAL TERMS AND CONDITIONS
Last Updated: September 2026
These Terms and Conditions (“Terms”) govern access to and use of the BridgeFin Solutions website, online portal, applications, systems, communications and related services.
Please read these Terms carefully before using any BridgeFin service.
By accessing the Website or Portal, registering a firm, creating or using a user account, submitting information or documents, submitting or participating in an application, accepting an electronic process, or otherwise using BridgeFin’s Services, you acknowledge that you have read and understood these Terms and agree to be bound by them to the extent applicable to you.
1. BRIDGEFIN DETAILS
BridgeFin Solutions (Pty) Ltd
Registration Number: 2024/050037/07
In these Terms, BridgeFin Solutions (Pty) Ltd is referred to as:
“BridgeFin”, “we”, “us” or “our”.
BridgeFin provides transaction-linked bridging finance and related administrative services associated with qualifying South African property transactions.
BridgeFin’s services currently include, amongst others:
- Seller Bridging;
- Estate Agent Commission Bridging;
- attorney and law-firm onboarding;
- application administration;
- document management;
- transaction tracking;
- agreements and electronic-signature workflows;
- funding administration;
- settlement administration; and
- related services made available from time to time.
2. IMPORTANT: THESE TERMS DO NOT REPLACE A TRANSACTION AGREEMENT
These Terms govern the general use of BridgeFin’s Website, Portal, application process and supporting services.
They do not replace:
- a finance agreement;
- bridging agreement;
- quotation;
- funding agreement;
- mandate;
- undertaking;
- acknowledgment;
- settlement agreement;
- electronic-signature agreement;
- payment instruction; or
- any other transaction-specific agreement entered into in relation to a particular BridgeFin matter.
Where a separate transaction-specific agreement has been concluded, that agreement will govern the specific financial transaction.
If there is a conflict between these Terms and a signed transaction-specific agreement:
the transaction-specific agreement will prevail in relation to that transaction.
These Terms will nevertheless continue to apply to matters such as:
- Portal access;
- account security;
- user conduct;
- confidentiality;
- document handling;
- intellectual property;
- system use;
- communications;
- privacy;
- technology; and
- matters not specifically regulated by the transaction agreement.
3. DEFINITIONS
For purposes of these Terms:
“Applicant” means any person, estate agent, property practitioner, seller, legal practice or other party connected to an application for a BridgeFin service.
“Application” means a request submitted for consideration for a BridgeFin product or service.
“Authorised User” means a person authorised to access the Portal on behalf of a Firm or BridgeFin.
“Client” includes a person in respect of whom a BridgeFin Application or Transaction is being administered.
“Data Subject” has the meaning assigned to it in POPIA.
“Firm” means a law firm, conveyancing practice or other legal practice registered or seeking registration with BridgeFin.
“Firm Administrator” means a user given administrative permissions within a Firm account.
“Matter” means the underlying property transaction or BridgeFin transaction associated with an Application.
“Portal” means BridgeFin’s online system, dashboard and any associated application, document, communication or transaction-management functionality.
“Services” means services made available by BridgeFin.
“Transaction” means an approved BridgeFin finance transaction.
“Transaction Agreement” means any agreement governing a specific BridgeFin Transaction.
“User” means any person accessing the Website or Portal.
“Website” means the BridgeFin website and related webpages.
4. NATURE OF BRIDGEFIN’S SERVICES
BridgeFin provides specialised bridging solutions associated with qualifying property transactions.
BridgeFin is not a general-purpose consumer lending platform.
Applications are ordinarily facilitated through the legal practice involved in the underlying property transaction.
BridgeFin may consider funding requirements relating to, amongst other approved purposes:
- qualifying seller transaction expenses;
- municipal clearance requirements;
- approved compliance certificates;
- certain approved costs associated with progressing a property transfer; and
- qualifying estate agent commission associated with a pending property transfer.
The existence of a BridgeFin product does not mean that any particular Applicant or Transaction qualifies for finance.
5. NO AUTOMATIC RIGHT TO FINANCE
Submitting an Application does not:
- constitute approval;
- constitute an offer by BridgeFin;
- create an obligation on BridgeFin to provide finance;
- guarantee a particular finance amount;
- guarantee a particular rate;
- guarantee a particular fee;
- guarantee a payment date;
- guarantee transfer or registration; or
- create a Transaction Agreement.
BridgeFin retains the right, subject to applicable law, to:
- assess an Application;
- request further information;
- verify information;
- impose conditions;
- offer a different amount;
- decline an Application;
- withdraw or amend an approval before funding where circumstances lawfully justify doing so; or
- refuse to proceed where legal, risk, compliance, security or verification requirements have not been satisfied.
6. NO GUARANTEE OF APPROVAL OR TURNAROUND TIME
Any expected processing, approval, payment, registration or settlement timeframe communicated through the Website, Portal or otherwise is an estimate unless expressly guaranteed in a signed Transaction Agreement.
BridgeFin does not control the performance or timing of:
- conveyancing firms;
- Deeds Offices;
- municipalities;
- banks;
- bond cancellation attorneys;
- purchasers;
- sellers;
- estate agents;
- regulatory bodies;
- electronic-signature providers;
- government systems;
- payment networks; or
- other third parties.
BridgeFin is therefore not responsible for delays attributable to such parties except to the extent that applicable law provides otherwise.
7. ATTORNEY-FACILITATED MODEL
BridgeFin’s operating model relies on the legal practice handling the underlying transaction.
The relevant Firm may be responsible for:
- identifying a potential funding requirement;
- discussing BridgeFin with its client where appropriate;
- obtaining appropriate instructions;
- capturing Application information;
- supplying supporting documents;
- communicating material transaction changes;
- facilitating documentation;
- assisting with settlement administration; and
- complying with its own legal and professional obligations.
BridgeFin does not replace or assume the professional duties of the Applicant’s attorney, conveyancer, estate agent, accountant or other adviser.
8. INDEPENDENCE OF ATTORNEYS
A participating Firm:
- remains an independent professional practice;
- does not become an employee, partner or agent of BridgeFin merely by participating in BridgeFin’s Services;
- remains responsible for its own professional conduct;
- remains responsible for its own legal advice;
- remains responsible for protecting client confidentiality;
- remains responsible for its own POPIA obligations; and
- must ensure that it has lawful authority to provide information to BridgeFin.
Unless expressly agreed in writing, an attorney has no authority to bind BridgeFin to a finance approval, amount, rate, fee, representation, warranty or obligation.
9. FIRM REGISTRATION
BridgeFin may require a Firm to complete an onboarding or registration process before it may use the Portal.
Registration does not guarantee acceptance.
BridgeFin may:
- verify Firm details;
- verify professional details;
- require supporting documentation;
- conduct compliance checks;
- establish user permissions;
- approve or decline registration; or
- impose reasonable access conditions.
BridgeFin may periodically require Firm details to be confirmed or updated.
10. USER ACCOUNTS
Every individual accessing the Portal must use their own authorised account unless BridgeFin expressly permits otherwise.
Users must not share:
- usernames;
- passwords;
- one-time passwords;
- multi-factor authentication codes;
- security credentials; or
- authentication devices.
Shared logins are prohibited unless specifically configured and authorised by BridgeFin.
11. USER ROLES AND PERMISSIONS
Different Users may receive different access permissions.
Permissions may depend on:
- Firm;
- branch;
- role;
- matter allocation;
- authority level;
- function;
- internal responsibilities; or
- BridgeFin administration.
A User must not attempt to access information or functionality outside the scope of their authorised permissions.
12. FIRM ADMINISTRATORS
A Firm Administrator may be permitted to:
- invite Users;
- deactivate Users;
- allocate roles;
- manage branch or team associations;
- view Firm matters; and
- administer access within authorised limits.
The Firm is responsible for ensuring that access granted by its Firm Administrator is appropriate.
Where a person:
- leaves the Firm;
- changes role;
- no longer requires access; or
- should no longer see particular information,
the Firm must promptly update or request removal of that access.
13. AUTHORITY OF USERS
A person submitting information or performing an action on behalf of a Firm warrants that they are authorised to do so.
BridgeFin may reasonably rely on actions performed by an authenticated User within the permissions allocated to that User unless BridgeFin has been notified that the User’s authority has been revoked or compromised.
14. APPLICATION INFORMATION
All information supplied to BridgeFin must be:
- truthful;
- accurate;
- complete;
- current; and
- not misleading.
Users must disclose material information relevant to the Application or Transaction.
Users must not deliberately omit information where omission could materially affect BridgeFin’s assessment.
15. CHANGES AFTER SUBMISSION
If information materially changes after an Application has been submitted, the relevant User, Firm or Applicant must inform BridgeFin promptly.
This includes changes relating to:
- purchase price;
- transaction status;
- cancellation;
- purchaser or seller;
- property;
- commission;
- bonds;
- undertakings;
- expected registration;
- financial position;
- proceeds;
- transfer costs;
- banking details;
- compliance requirements;
- disputes; or
- any other circumstance material to BridgeFin’s decision or security.
16. FALSE OR MISLEADING INFORMATION
BridgeFin may suspend, decline, cancel or reconsider an Application or approval where it reasonably believes that:
- information is false;
- documents are fraudulent;
- information is materially incomplete;
- information has been manipulated;
- identity is uncertain;
- authority is uncertain;
- a material fact was concealed; or
- unlawful activity may be involved.
BridgeFin may take additional action permitted by law.
17. DOCUMENTS
Documents uploaded to BridgeFin must be:
- authentic;
- complete;
- legible;
- relevant;
- lawfully obtained;
- appropriately authorised for disclosure; and
- free from malicious software.
A User uploading a document warrants that the User is entitled to provide it to BridgeFin.
18. DOCUMENT REVIEW
BridgeFin may review documents for:
- completeness;
- consistency;
- identity verification;
- transaction verification;
- compliance;
- risk;
- fraud indicators; and
- Application requirements.
A BridgeFin document status such as:
- “received”;
- “checked”;
- “complete”;
- “verified”; or
- similar terminology
does not constitute legal advice or certification of the underlying legal validity of the document unless BridgeFin expressly states otherwise.
19. ADDITIONAL INFORMATION
BridgeFin may request additional information or documents at any stage.
Failure to provide requested information may result in:
- delay;
- suspension;
- inability to complete assessment;
- decline;
- inability to fund; or
- inability to settle or close the Matter.
20. FICA, IDENTIFICATION AND COMPLIANCE
Where BridgeFin is required or entitled under applicable law to undertake identity verification, customer due diligence, beneficial-ownership verification, risk assessment or related compliance, Users and Applicants must provide the information reasonably requested.
BridgeFin may delay or refuse a transaction where it cannot satisfy applicable legal or compliance requirements.
Where legislation restricts BridgeFin from disclosing why a transaction or account has been delayed, suspended or reported, BridgeFin may comply with that restriction.
The FIC Act contains customer-due-diligence, identification, ongoing due-diligence and record-keeping obligations for accountable institutions where applicable.
21. FRAUD AND SECURITY CHECKS
BridgeFin may perform lawful checks designed to:
- detect fraud;
- confirm identity;
- verify banking information;
- identify suspicious activity;
- protect clients;
- protect BridgeFin;
- protect legal practices; and
- comply with law.
BridgeFin may suspend processing while such checks are completed.
22. CREDIT AND RISK INFORMATION
Where lawful, relevant and required, BridgeFin may obtain or consider information relating to credit, financial risk, transaction risk or repayment risk.
Any credit-related processing will be undertaken subject to applicable law.
Nothing in these Terms represents that the National Credit Act applies or does not apply to every BridgeFin Transaction.
Where the National Credit Act applies to a particular agreement, its mandatory requirements and protections will prevail. The Act regulates consumer credit, responsible credit granting, credit information and credit-provider obligations.
23. APPROVALS
An Application is approved only when BridgeFin communicates formal approval through an authorised channel.
Approval may be:
- conditional;
- subject to documents;
- subject to verification;
- subject to execution of agreements;
- subject to compliance;
- subject to payment instructions;
- subject to undertakings; or
- subject to any other reasonable condition communicated by BridgeFin.
24. APPROVAL MAY LAPSE OR BE WITHDRAWN BEFORE FUNDING
To the extent permitted by law and the applicable Transaction Agreement, BridgeFin may withdraw or revise an approval before funding if:
- a material fact changes;
- new adverse information becomes available;
- the underlying transaction changes materially;
- the transaction is cancelled;
- security is impaired;
- required documentation is not completed;
- conditions are not satisfied;
- fraud is suspected;
- compliance requirements cannot be met; or
- the approval was based on materially inaccurate information.
25. TRANSACTION AGREEMENT REQUIRED
No BridgeFin funding obligation arises merely from an Application status displayed on the Portal.
Before funding, BridgeFin may require execution of:
- a Transaction Agreement;
- quotation;
- mandate;
- undertaking;
- consent;
- payment instruction;
- acknowledgment; or
- other documentation.
The signed documentation governs the financial arrangement.
26. ELECTRONIC TRANSACTIONS
BridgeFin may conduct transactions electronically.
Users agree that, subject to applicable law:
- electronic communications may have legal effect;
- agreements may be stored electronically;
- acknowledgements may be captured electronically;
- electronic records may be used as evidence; and
- electronic signatures may be used where legally appropriate.
ECTA provides legal recognition to data messages and electronic transactions and regulates electronic signatures, including situations where an advanced electronic signature is required by law.
27. ELECTRONIC SIGNATURES
Where BridgeFin uses an electronic-signature platform, the signing process may generate:
- signer identity records;
- timestamps;
- authentication records;
- audit logs;
- signature certificates; and
- completed electronic documents.
Users must not permit another person to sign using their identity or authentication credentials.
Where applicable law requires a specific form of signature, the legally required form will prevail.
28. OPPORTUNITY TO REVIEW INFORMATION
Where an electronic process creates contractual consequences, BridgeFin may provide Users with an opportunity to review information before final submission.
Users are responsible for checking information before confirming it.
ECTA recognises electronic agreements and, where its consumer provisions apply, requires consumers to be able to review an electronic transaction and correct mistakes before final submission.
29. FUNDING CONDITIONS
Funding will occur only after BridgeFin is reasonably satisfied that applicable conditions have been met.
These may include:
- approval;
- identity verification;
- transaction verification;
- required documents;
- signed agreements;
- valid payment details;
- undertakings;
- compliance checks; and
- any conditions in the Transaction Agreement.
30. PAYMENT DESTINATION
BridgeFin will make payments only in accordance with approved transaction instructions and verification procedures.
Where required by the particular product, funding may be paid into an attorney trust account or another approved account identified in the Transaction Agreement.
31. BANKING DETAIL FRAUD
Banking fraud is a material risk in property transactions.
Users must independently verify any change in banking instructions using an approved verification method.
Users must not rely solely on:
- an unexpected email;
- WhatsApp;
- a changed PDF;
- an attachment;
- a telephone message; or
- an unverified electronic instruction
purporting to change banking information.
BridgeFin may refuse to act on changed banking details until they have been independently verified.
32. FUNDING AMOUNTS, INTEREST, FEES AND CHARGES
Any:
- finance amount;
- interest;
- initiation fee;
- administration charge;
- cost;
- settlement amount; or
- other financial term
applicable to a specific Transaction will be governed by the relevant Transaction Agreement and any legally required disclosure.
Nothing displayed generally on the Website or Portal overrides the signed Transaction Agreement.
33. CALCULATORS AND ESTIMATES
Any calculator, indicative quotation, estimate, projected repayment or settlement figure displayed before final confirmation is for information and administration purposes unless expressly stated to be final.
Final figures may depend on factors including:
- actual payment date;
- actual repayment date;
- applicable rate;
- fees;
- transaction events;
- agreement terms; and
- actual days outstanding.
34. TRANSACTION STATUS
Portal statuses are provided to assist Users in understanding the administrative stage of a Matter.
A status such as:
- Submitted;
- In Review;
- Awaiting Requirements;
- Approval Pending;
- Approved;
- Awaiting Signature;
- Active;
- Settlement Requested;
- Settled; or
- Closed
is an administrative indicator.
It does not amend a signed agreement.
35. TRANSACTION RECORDS PREVAIL OVER DASHBOARD SUMMARIES
Dashboard cards, graphs, summaries and status indicators are provided for convenience.
Where there is a discrepancy between:
- a dashboard summary; and
- an executed agreement, formally issued settlement figure, official transaction record or verified accounting entry,
the formally issued or verified record will prevail, subject to applicable law and correction of genuine errors.
36. CORRECTION OF ERRORS
BridgeFin may correct:
- typographical errors;
- calculation errors;
- display errors;
- duplicated records;
- data-sync errors;
- system errors; or
- obvious administrative mistakes.
BridgeFin will not rely on this provision to unilaterally rewrite an agreed material contractual term contrary to law.
37. TRANSACTION MONITORING
BridgeFin may monitor an active Matter to administer:
- expected registration;
- outstanding requirements;
- settlement timing;
- repayment;
- documentation; and
- transaction closure.
Users must provide reasonable updates where requested.
38. SETTLEMENT REQUESTS
A User may request a settlement figure through the Portal or another approved channel.
A settlement estimate is not final until BridgeFin confirms it.
A settlement figure may be valid only:
- for a specified date;
- for a specified period; or
- subject to specified assumptions.
39. REPAYMENT AND SETTLEMENT
Repayment obligations are governed by the applicable Transaction Agreement.
BridgeFin may reconcile:
- capital;
- applicable fees;
- interest;
- payments received;
- settlement date;
- outstanding amounts; and
- other amounts lawfully due.
A Matter will be marked settled or closed only after BridgeFin has reasonably confirmed the required settlement.
40. PORTAL NOT A BANKING OR ACCOUNTING SYSTEM OF RECORD
Unless BridgeFin expressly states otherwise, the Portal is a transaction-administration platform and is not intended to replace:
- a bank’s records;
- a law firm’s trust-account records;
- BridgeFin’s accounting system;
- statutory accounting records; or
- executed Transaction Agreements.
41. COMMUNICATIONS AND NOTIFICATIONS
BridgeFin may communicate electronically through:
- Portal notifications;
- email;
- system messages;
- e-signature notifications; and
- other approved electronic channels.
Users must maintain current contact details.
42. DELIVERY OF ELECTRONIC NOTIFICATIONS
A Portal or email notification may be treated as sent when dispatched by BridgeFin’s system.
This does not necessarily prove that:
- a mailbox accepted it;
- the recipient read it; or
- no technical delivery issue occurred.
Where a legally prescribed form of notice is required, that prescribed method will prevail.
43. NOTIFICATIONS ADDRESS
Automated BridgeFin system communications may originate from a designated system address.
Users should not send confidential client, FICA, banking or financial information by unsecured reply email where BridgeFin provides a secure Portal facility for that information.
44. PERSONAL INFORMATION
BridgeFin processes personal information in accordance with POPIA and its Privacy and POPIA Policy.
Use of the Website or Portal may involve the processing of:
- identification;
- contact information;
- property information;
- banking information;
- FICA information;
- financial information;
- application information;
- documents;
- activity logs; and
- security information.
POPIA establishes minimum requirements for lawful processing and requires appropriate safeguards for personal information.
45. PRIVACY POLICY
The BridgeFin Privacy and POPIA Policy forms part of the legal framework governing use of BridgeFin’s services and should be read together with these Terms.
Where these Terms and the Privacy Policy deal with the same privacy issue, they should be interpreted consistently with POPIA.
46. CONFIDENTIALITY
Users must preserve the confidentiality of information accessed through BridgeFin.
A User must not disclose:
- client information;
- application information;
- transaction information;
- personal information;
- Firm information;
- documents;
- security information; or
- confidential BridgeFin information
except where disclosure is authorised or legally required.
47. SCREENSHOTS, EXPORTS AND DOWNLOADED DATA
A User who downloads, exports, prints, screenshots or otherwise removes information from the Portal remains responsible for protecting that information.
BridgeFin cannot control information after an authorised User has removed it from BridgeFin’s controlled environment.
48. SECURITY OBLIGATIONS OF USERS
Users must:
- use strong credentials;
- protect authentication devices;
- use multi-factor authentication where required;
- keep devices reasonably secure;
- log out where appropriate;
- report suspected compromise promptly;
- avoid unsecured public devices for confidential matters; and
- comply with BridgeFin security requirements.
49. SECURITY INCIDENT REPORTING
Users must notify BridgeFin promptly if they become aware of:
- unauthorised account access;
- compromised credentials;
- lost authentication devices;
- suspicious Portal activity;
- unauthorised disclosure;
- phishing; or
- suspected fraud.
50. BRIDGEFIN SECURITY
BridgeFin will implement reasonable technical and organisational security safeguards appropriate to its processing activities.
No information system is completely immune from risk.
Nothing in these Terms constitutes a guarantee that cyber-security incidents can never occur.
51. THIRD-PARTY SYSTEMS
BridgeFin may use third-party services including:
- hosting;
- cloud storage;
- email infrastructure;
- e-signature platforms;
- accounting systems;
- security systems;
- identity-verification services;
- analytics;
- communication tools; and
- other technical providers.
Users acknowledge that aspects of the Services may depend on those systems.
52. THIRD-PARTY AVAILABILITY
BridgeFin cannot guarantee uninterrupted availability of third-party services.
Temporary failure of a third-party service will not invalidate an otherwise valid underlying Transaction.
BridgeFin may:
- queue processing;
- retry an integration;
- use an alternative process;
- reconcile information later; or
- temporarily process an item manually.
53. ARTIFICIAL INTELLIGENCE AND ASSISTANT FEATURES
BridgeFin may make automated, AI-assisted or decision-support functionality available within the Portal.
Unless expressly stated otherwise, such functionality is intended only to assist with navigation, administration, information retrieval or workflow support.
AI-generated or automated content:
- does not constitute legal advice;
- does not constitute financial advice;
- does not constitute approval;
- does not alter a Transaction Agreement;
- does not bind BridgeFin to fund; and
- should not replace professional judgment.
Material finance decisions will remain subject to BridgeFin’s authorised processes and applicable law.
54. ACCEPTABLE USE
The Website and Portal may only be used for lawful BridgeFin-related purposes.
Users must act honestly and responsibly.
55. PROHIBITED USE
Users may not:
- impersonate another person;
- submit fraudulent information;
- upload malicious software;
- attempt unauthorised access;
- circumvent permissions;
- probe or attack security;
- scrape the Portal without authorisation;
- reverse engineer BridgeFin systems;
- copy proprietary functionality unlawfully;
- interfere with other Users;
- disrupt the Services;
- use automated tools contrary to BridgeFin instructions;
- exploit vulnerabilities;
- use BridgeFin for unlawful purposes; or
- assist another person to do so.
56. MALICIOUS CONTENT
BridgeFin may:
- block files;
- quarantine documents;
- prevent downloads;
- scan uploaded content;
- remove harmful files; or
- suspend accounts
where reasonably necessary for security.
57. INTELLECTUAL PROPERTY
Unless otherwise stated, BridgeFin owns or lawfully licenses the intellectual property in:
- its Website;
- Portal;
- software;
- workflows;
- graphics;
- branding;
- text;
- interfaces;
- database structures;
- documentation;
- design;
- business processes; and
- proprietary material.
No ownership rights are transferred to Users.
58. LIMITED LICENCE TO USE THE PORTAL
BridgeFin grants an Authorised User a limited, revocable, non-exclusive and non-transferable right to use the Portal for its intended business purpose, subject to these Terms.
This licence ends when access is terminated.
59. USER-PROVIDED CONTENT
Ownership of documents supplied by Users remains subject to the rights of the relevant owner.
By supplying information to BridgeFin, the User grants BridgeFin the right to process, store, copy, transmit and use that information to the extent reasonably required to provide BridgeFin’s Services, comply with law and administer the relevant Matter.
60. RECORDS AND AUDIT TRAILS
BridgeFin may keep electronic records of:
- account access;
- submissions;
- status changes;
- uploads;
- approvals;
- signatures;
- notifications;
- payments;
- settlement activity; and
- administrative actions.
Electronic records may be relied upon as evidence to the extent permitted by law.
ECTA recognises the admissibility and evidential value of data messages and electronic records.
61. NO LEGAL, TAX OR INVESTMENT ADVICE
BridgeFin provides bridging-finance services.
Information made available through BridgeFin does not constitute:
- legal advice;
- tax advice;
- conveyancing advice;
- investment advice;
- accounting advice; or
- estate-planning advice.
Users should obtain independent professional advice where appropriate.
62. NO GUARANTEE OF PROPERTY TRANSFER
BridgeFin does not guarantee that:
- a sale will proceed;
- a purchaser will perform;
- transfer will be lodged;
- registration will occur;
- registration will occur by a particular date;
- proceeds will be sufficient; or
- an external party will perform.
The legal practice remains responsible for managing the conveyancing process.
63. WEBSITE INFORMATION
General information on the Website is provided for explanatory purposes.
It should not be regarded as an individual finance offer.
Eligibility, pricing and transaction terms can only be determined after assessment and, where approved, through the relevant transaction documentation.
64. SERVICE AVAILABILITY
BridgeFin may perform:
- maintenance;
- security upgrades;
- system improvements;
- database maintenance;
- emergency repairs; or
- infrastructure changes.
The Portal may occasionally be unavailable.
BridgeFin will take reasonable steps to maintain service availability but does not guarantee continuous uninterrupted access.
65. SUSPENSION OF ACCESS
BridgeFin may temporarily suspend access where reasonably necessary because of:
- security;
- suspected fraud;
- unauthorised access;
- breach of these Terms;
- legal requirements;
- compliance;
- maintenance;
- user departure from a Firm;
- Firm instructions;
- investigation; or
- protection of confidential information.
66. TERMINATION OF ACCESS
BridgeFin may terminate Portal access where:
- the User is no longer authorised;
- the Firm relationship ends;
- the User materially breaches these Terms;
- security requires termination;
- the Portal is misused; or
- continued access would be unlawful.
Termination of Portal access does not terminate outstanding obligations under a Transaction Agreement.
67. ACCOUNT CLOSURE
Account closure does not necessarily require BridgeFin to delete records that must lawfully be retained.
Record retention will be governed by:
- applicable law;
- BridgeFin’s Privacy Policy;
- accounting requirements;
- regulatory obligations;
- legal requirements; and
- legitimate record-keeping needs.
68. IMPORTANT LIABILITY NOTICE
THIS CLAUSE LIMITS BRIDGEFIN’S LIABILITY AND MUST BE READ CAREFULLY.
To the maximum extent permitted by law, BridgeFin will not be liable for indirect, incidental, special or consequential loss arising solely from the use or inability to use the Website or Portal, including loss of:
- business opportunity;
- profit;
- anticipated savings;
- reputation;
- productivity; or
- indirect economic loss,
where such liability may lawfully be excluded.
BridgeFin will also not be responsible for loss caused solely by:
- a User sharing credentials;
- inaccurate information supplied by a User;
- unauthorised instructions attributable to a User’s failure to safeguard access;
- third-party system failure beyond BridgeFin’s reasonable control;
- municipal delays;
- Deeds Office delays;
- bank delays;
- attorney delays;
- telecommunications failures;
- events beyond BridgeFin’s reasonable control; or
- use of BridgeFin information contrary to these Terms.
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including liability that cannot lawfully be excluded under the Consumer Protection Act or other applicable legislation.
The CPA prohibits unfair, unreasonable or unjust terms and unlawful waivers of consumer rights.
69. BRIDGEFIN’S OWN NEGLIGENCE OR UNLAWFUL CONDUCT
Nothing in these Terms will be interpreted as:
- exempting BridgeFin from liability that cannot lawfully be excluded;
- requiring a person to waive a mandatory statutory right;
- protecting fraud or wilful misconduct; or
- excluding liability for conduct where South African law prohibits such exclusion.
70. USER INDEMNITY
To the maximum extent permitted by law, a User or Firm indemnifies BridgeFin against third-party claims, loss or expense arising from that User’s or Firm’s:
- unlawful conduct;
- fraudulent information;
- unauthorised disclosure;
- breach of confidentiality;
- infringement of third-party rights;
- malicious uploads;
- unauthorised use of another person’s credentials;
- material breach of these Terms; or
- submission of information without lawful authority,
except to the extent that the loss was caused by BridgeFin’s own unlawful conduct or liability that cannot lawfully be excluded.
71. CONSUMER PROTECTION
If the Consumer Protection Act applies to a User or Transaction, these Terms will be interpreted in a manner consistent with the Act.
Nothing in these Terms requires a person to waive rights which cannot lawfully be waived.
Where a clause is subject to a specific statutory notice or acceptance requirement, BridgeFin will endeavour to present the clause in the form required by law.
72. ELECTRONIC-SUPPLIER INFORMATION
Where section 43 of ECTA applies to an electronic transaction, BridgeFin will make the supplier information required by that section reasonably available.
Section 43 includes requirements concerning the supplier’s identity, physical and electronic contact details, legal status, registration information, service characteristics, contractual terms, payment information and security/privacy practices.
73. FORCE MAJEURE
BridgeFin will not be regarded as being in breach solely because performance is prevented or materially delayed by an event beyond its reasonable control.
Such events may include:
- natural disaster;
- fire;
- flood;
- widespread power failure;
- telecommunications failure;
- civil unrest;
- strike;
- war;
- government action;
- Deeds Office outage;
- municipal-system failure;
- banking-system failure;
- widespread cyber incident;
- infrastructure failure;
- public-health emergency; or
- failure of a critical third-party service.
BridgeFin will take reasonable steps to mitigate the impact where practicable.
74. AMENDMENTS TO THESE TERMS
BridgeFin may amend these Terms from time to time.
Updated Terms may be published on the Website or Portal.
Where a change materially affects existing registered Users, BridgeFin may require fresh acknowledgement or provide appropriate notice.
No general amendment to these Terms will retrospectively alter the agreed financial terms of an existing Transaction Agreement unless:
- the Transaction Agreement permits it;
- the parties lawfully agree; or
- the change is required by law.
75. VERSION CONTROL
BridgeFin may maintain records showing:
- the version of the Terms;
- the date of publication;
- when a User accepted them; and
- which version applied at a particular time.
76. NOTICES
Unless a Transaction Agreement requires a different method, routine communications may be delivered electronically.
Formal notices relating to a specific finance Transaction must comply with the notice provisions of the relevant Transaction Agreement.
77. DISPUTES
A person with a complaint or dispute should first provide BridgeFin with sufficient details to investigate the issue.
The parties should attempt in good faith to resolve the dispute.
Nothing in this clause prevents a person from exercising a statutory right to:
- approach a regulator;
- lodge a complaint;
- seek urgent relief;
- approach a competent court; or
- use another remedy provided by law.
A Transaction Agreement may contain additional dispute-resolution requirements applicable to that Transaction.
78. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
79. JURISDICTION
Subject to mandatory statutory rights and any specific Transaction Agreement, disputes relating to these Terms will be subject to the jurisdiction of a competent South African court.
Nothing prevents BridgeFin from instituting proceedings in another court having lawful jurisdiction.
80. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable:
- that provision will be severed or limited to the minimum extent necessary; and
- the remaining provisions will continue to apply.
81. NO WAIVER
Failure or delay by BridgeFin in enforcing a right does not automatically constitute waiver of that right.
A waiver is effective only to the extent lawfully given.
82. CESSION AND ASSIGNMENT
A User may not transfer or assign their Portal account or rights under these Terms without BridgeFin’s prior written consent.
BridgeFin may transfer rights or obligations as part of a lawful corporate restructuring, financing, sale or similar transaction, subject to applicable law and any Transaction Agreement.
83. RELATIONSHIP OF THE PARTIES
Except where expressly agreed otherwise:
- no partnership;
- joint venture;
- employment relationship;
- fiduciary relationship; or
- agency
is created merely because a person uses BridgeFin’s Website, Portal or Services.
84. ENTIRE AGREEMENT REGARDING PLATFORM USE
These Terms, together with incorporated policies, constitute the general agreement governing use of BridgeFin’s Website and Portal.
They do not replace Transaction Agreements.
85. INCORPORATED POLICIES
The following BridgeFin documents should be read together with these Terms where applicable:
- Privacy and POPIA Policy;
- PAIA Manual;
- Cookie Policy or cookie notice;
- Portal security requirements;
- Transaction Agreement;
- Application declarations and consents; and
- other policies expressly incorporated by reference.
86. PRIORITY OF DOCUMENTS
Unless a Transaction Agreement states otherwise, conflicts should generally be resolved in the following order for a specific finance Transaction:
- mandatory South African law;
- the signed Transaction Agreement;
- transaction-specific quotation or addendum;
- transaction-specific mandate or undertaking;
- these General Terms;
- general Website or Portal information.
87. SURVIVAL
Provisions concerning:
- confidentiality;
- personal information;
- intellectual property;
- liability;
- indemnities;
- records;
- evidence;
- outstanding obligations;
- governing law; and
- dispute resolution
may survive termination of Portal access to the extent necessary to give them effect.
88. CONTACT
Questions regarding these Terms, BridgeFin’s Website, Portal or general Services may be directed to: