Last updated: 2024
1. Introduction
Pumpkn operates www.pumpkn.io and its Web Application. The entity is AG Digital Venture (Pty) Ltd (registration 2022/434429/07). These terms apply to all users accessing the website or services.
2. Terminology
- Browser: a person visiting the website without using the services
- Business Days: days excluding Saturday, Sunday and South African public holidays
- Registration Process: the steps to transition from Browser to User
- Services: financial products offered by Pumpkn
- User: a Browser who completes registration
3. Your Agreement to These Terms
"Subject to, and on the basis of a Browser's / User's acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website."
4. Description of Services
Pumpkn is a registered Credit Provider under the National Credit Act. Services include short-term business loans for SMEs and facilitation of financial products through lending partners. We reserve the right to limit service provision, amend offerings or discontinue services at our discretion.
5. Eligibility and Registration
Users must be 18 years or of legal age in their country. Account information must be accurate. You agree to update personal information when it changes and to accept the Privacy Policy. We reserve the right to revoke accounts immediately if we suspect fraud, misleading activities or dishonest practices.
6. Service Provision
Users are guided through application processes step-by-step via the website or other communication channels at Pumpkn's discretion.
7. User Warranties
You warrant that personal information is accurate and will remain current, that you're not impersonating anyone, and that you comply with applicable laws. Login details are for personal use only and must not be shared.
8. Pumpkn's Warranties
"We make no representation or warranty (express or implied) that the Website or Services will: meet a User's needs; be accessible at all times; be accurate, complete or current; or be free from viruses."
Services are provided "as is" without warranties of merchantability, fitness for purpose or non-infringement. Pumpkn doesn't warrant uninterrupted or error-free service and isn't responsible for funding decisions by third parties.
9. Unauthorised Use
You may not use the website for unlawful purposes. We reserve the right to remove untrue, inflammatory or defamatory reviews. You must not send spam, introduce malware or redistribute website information for commercial purposes without consent.
10. Links to Other Websites
Pumpkn has no control over third-party websites and isn't liable for your access to or use of external sites.
11. Limitation of Liability and Indemnity
The website is used entirely at your own risk. You indemnify Pumpkn for claims arising from improper website use or breach of terms. Pumpkn excludes liability for all damages — direct, indirect, incidental or consequential — with maximum liability limited to the minimum imposed by law.
12. Copyright
"Pumpkn and the contents of the Website are the property of Pumpkn, unless specified otherwise, and are protected by South African and international copyright laws." Content may not be copied, reproduced, distributed or transmitted without permission. You may create hyperlinks provided they don't portray Pumpkn derogatorily.
13. Intellectual Property
You undertake not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising the Website. Pumpkn owns or is licensed to use all intellectual property.
14. Breach
"If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice, the Party giving notice shall be entitled to cancel the Terms and claim damages or claim specific performance."
15. Termination
Pumpkn may terminate these terms immediately with or without cause and suspend user access. You may terminate by ceasing to use the website.
16. Dispute Resolution
Parties must attempt informal resolution within 7 days. If unsuccessful, they attempt to appoint a mediator within 10 days. If mediation fails, disputes proceed to arbitration through the Arbitration Foundation of South Africa — held in Western Cape in English, completed within 21 days.
17. Assignment, Cession and Novation
Pumpkn may assign or novate its rights without user consent. You may not assign your rights.
18. Force Majeure
Parties are excused from performance obligations during force majeure events provided reasonable precautions were taken. Either party may cancel if force majeure continues beyond 14 days.
19. Severance
If any term is invalid or unenforceable, that provision is severed while remaining terms continue. Failure to enforce provisions doesn't constitute waiver.
20. Contact Information (Domicilium)
Pumpkn's address: The Heritage, Rosebank Firestation, 16 Baker Street, Rosebank, Johannesburg. Email: hello@pumpkn.io. Both parties may change domicilium with 7 days' written notice.
21. Protection of Personal Information
"Pumpkn commits to respect your privacy and ensure the lawful processing of all of your personal information as defined in and in line with the Protection of Personal Information Act, 4 of 2013 ('POPIA')." The Privacy PolicyPAIA Manual is incorporated by reference.
22. NCA Compliance
Pumpkn is registered as a credit provider under the National Credit Act. Registration number NCRCP18413. NCA requirements apply to all services.
23. General
These terms are governed by South African law. You consent to South African court jurisdiction, particularly the High Court in Western Cape. This agreement constitutes the entire agreement between the parties.