TERMS AND CONDITIONS OUR ONLINE PRE-ONBOARDING PLATFORM

  1. ROGERS CAPITAL FINANCE LTD (hereinafter ‘RCFL’) or ‘we’) is an institution duly licensed by the Financial Services Commission to provide credit finance and leasing facilities.
  2. You wish to engage with RCFL to avail of its hire purchase services, credit finance services and/or leasing services.
  3. RCFL offers this online platform (“Site”) to you for a preliminary on-boarding and registration as a client subject to the following terms and conditions.
  4. By virtue of this terms and conditions (“Terms”) and accessing this Site, you accept to abide by these Terms. RCFL may, at any time and without notice, change these terms and conditions. Any change in the Terms shall be made immediately available to You in writing or via the Site and it shall be your responsibility as a user to refer to the conditions of access to the Service. Changes will be effective immediately after the changes have been made available and you will be deemed to have accepted any change if you continue to access this Site later.

 

Terms of Use between you and RCFL

As a client using this Site (hereinafter ‘Client’ or ‘you’), we request you to please read these terms carefully submitting your documents and financing needs details.

By accepting to use the Site and upload your information and documents while, you bind yourself formally and irrevocably to the Terms herein contained.

If you do not agree with these terms and conditions of this policy, please do not process further to use this Site.

The Site is accessible to the Clients for the purpose of pre-registering themselves with RCFL to avail credit facilities, hire purchase or leasing services offered by RCFL. The pre-registering process will include the input of key information of the (hereinafter referred to as the “Services”)

RCFL places this Site at your disposal on a 24/7 basis except when instructed otherwise on the Site. The contents and scope of such Site shall be subject to the functionalities as available on the Site from time to time. Your right to use the Services available on the Site shall be subject to RCFL’s technical and operational facilities.

To the extent possible, RCFL shall endeavour to provide uninterrupted usability of the Site. However, technical malfunctions, such as interruption of power supply, hardware and software errors, technical problems within the data lines may cause temporary restrictions or interruptions. Whenever the Site shall not be available, no prior notification will be sent upon restoration of services.

Representations and Warranties

You hereby represent and warrant to RCFL that you have full power and authority under the applicable laws to execute these Terms and to do all the acts as contemplated herein which will not give rise to breach of any contract or other legal obligation at any time binding, or any law (howsoever described) at the date hereof binding on it.

You shall be obliged to keep your data, including your contact data, up to date. Should the data you provided change during the time you use the Portal, you shall be obliged to correct such data on the portal in your personal settings. Should you be unable to make such changes, please inform us of your changed data via post, e-mail or fax without delay.

You understand and acknowledge that these Services do not represent an offer of financing services by RCFL to you. You shall be subject to future verification procedures and where applicable, be requested to present your documents in originals at our counters and any additional required documents. Your application for hire purchase, credit facility or leasing shall also be subject to our prior credit assessment and approval in accordance with our internal policies. We reserve the right to reject any client’s application in our own and absolute discretion.

Data Input

The Client acknowledges that for each use of the Services, the Client must provide mandatory personal data input and upload key ‘kyc’ due diligence documents. The minimum information to be filled in shall be your name, NIC number, address, email address, mobile number and any other requested details. The minimum documents required for upload, includes:

  •  Proof of identity
    The identification document must be pre-signed and must be in an original form and should bear a photograph of the principal. It must be clear and include your full name, date of birth, nationality, validity period, ID number and signature. A true copy of your identity card must be uploaded on the Site.
  •  Proof of address
    The proof of address must be a true copy of a full-page original utility bill, dated within the last dated (3) months, from an official service provider or an original bank statement or original valid tenancy contract. The proof of address should include your current residential address. PO Box addresses are not acceptable.
  •  Proof of Income

Acceptable Proof of Income is: Latest Pay slip or Income details or Bank Statement showing Income details. Payslips must bear NPF and NSF details.

Accuracy of Information

You undertake to provide your contact data and other details as requested by RCFL on the Site. You warrant the accuracy and genuineness of your information uploaded on the Site.

If you provide any information that is untrue, inaccurate not current or incomplete or RCFL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RCFL has the right to indefinitely suspend or delete your and refuse to provide you with access to our facilities.

Privacy Policy

We process your personal data in accordance with the Data Protection Act 2017, which is itself aligned with the General Data Protection Regulation. We encourage you to consult our Data Protection Notice, where the details of such processing are set out. Except as required by law, RCFL is committed to protect your confidential data; (“Your information”), as mentioned in the present paragraph, includes all information concerning you, provided by yourself or by third parties.

By accessing this Site, certain information about you, such as Internet protocol (IP) addresses, navigation through the Site, the systems and programs used and the time spent, along with other similar information, may be stored on our servers. RCFL may use this stored information with the objective of providing you a safe, efficient, smooth and customised experience.

RCFL undertakes to maintain the confidentiality of all communications of users that contain personal data and which are directly transmitted to RCFL. Information transmitted by Internet is subject to control and interception and you will support the risks associated with such transfer of data. We cannot be held liable for any loss, prejudice or damage incurred by you while transferring information by Internet. We reserve the right to ask for independent verification of any information submitted by email or any other means. The confidentiality of any confidential or unsolicited personal information sent to RCFL through the Internet cannot be guaranteed.

You acknowledge and accept that, in submitting any personal information to RCFL via the Site, you agree to the transfer of this information beyond international frontiers, if it is deemed necessary for processing, in accordance with the laws and procedures of RCFL.

Update in your details

You shall be obliged to keep your data, including your contact data, up to date. Should the data you provided change during the time you use the Site or during your business relationship with us, you shall be obliged to correct such data by informing us of your changed data via post, e-mail or fax without delay and provide us supporting documents as evidence.

Hyperlinks

This Site may contain certain hyperlinks to other RCFL pages as well as to websites outside RCFL. In addition, you may have links to our website from another website. RCFL cannot be responsible for the privacy policies and practices of other websites, even if you access them using links from our website. RCFL can make no promises or guarantees regarding data collection on the hyper-linked pages and on websites that are not owned by RCFL, RCFL recommends that you check the policy of each website you visit, or link from, and contact the owners or operators of such websites if you have any concerns or questions.

Security
RCFL have implemented technologies and policies, with the objective of protecting your privacy from unauthorised access and improper use, and periodically review the same. All personal data you provide on the Website is transmitted using TLS/SSL encryption.

Although RCFL will endeavour to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet but RCFL do not guarantee that your confidential information will be absolutely secured. By using this site, you agree that RCFL will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

Ownership
You agree to follow all instructions on this Site. There may be proprietary logos, service marks and trademarks found on this Site whether owned/used by RCFL or otherwise. By displaying them on this Site, RCFL is not granting you any license to utilise those proprietary logos, service marks, or trademarks. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

User Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful note, comment or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

In addition, when you upload your documents or photos on the Site as well as when you communicate us, the following activities shall be prohibited, irrespective of whether any law is violated or not:  the distribution of viruses, Trojans and other harmful files; the distribution of junk or spam mails as well as of chain letters;    the distribution of insinuating, offensive, sex-related, obscene or defaming contents and/or communications as well as of contents and/or communications that are suitable to support or promote racism, fanaticism, hate, physical violence or unlawful acts (in each case express or implied); harassment of other users, e.g. by initiating repeated personal contacts without or against such other user’s reaction as well as the promotion and support of such harassments; to request other users to disclose personal data for commercial or illegal purposes; or the distribution and/or public disclosure of contents available on the Site to the extent such disclosure is not expressly permitted by the relevant author or unless such contents are expressly provided as a functionality on the Site.

Any action that is suitable to negatively affect the smooth operation of the Site, in particular to generate excessive traffic can be annulled.

In case of any suspected illegal and/or punishable act, RCFL shall be entitled and may be obliged to verify your activities and to implement suitable legal measures. This may include forwarding the facts to the regulatory, investigation and/or enforcement authorities, as applicable.

RCFL assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. RCFL may remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates RCFL policies in any way.

RCFL will fully cooperate with any law enforcement authorities or court order requesting or directing RCFL to disclose the identity of anyone posting such materials.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to RCFL does not cause RCFL to have any special responsibility to you.

Disclaimer

RCFL will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site, including if RCFL is unable to perform its obligations under these Terms due directly or indirectly to the failure or breakdown of any machine, data processing system or transmission link. The Client further formally and irrevocably agrees that RCFL shall not, under any circumstances whatsoever, be liable for any loss, damage, interruption, delay or non-performance arising out of:

  • Failure by the Client to adhere to the present Terms or the Client being in contravention with any law or regulation for the time being in force or the Client having furnished incorrect information on the Site;
  • Possession, use, abuse, misuse and manipulation by the Client of any third party software;
  • Failure by the RCFL to execute any instructions from the Client as a result of causes beyond our control (force majeure) including but not limited to fire, storm, flood, explosion, vandalism, sabotage, strikes, pandemic, national lockdown or other labour disputes, whether involving RCFL employees or not, acts of God, war, riots or other civil disturbances, intervention of any government or other authority or failure of or fluctuation in any power supply;
  • Unavailability or disruption of the Site and Services due to reasons mentioned above or for any other reason;
  • Any consequential, indirect or circumstantial losses including but not limited to loss of profits, contracts or financial losses howsoever caused or arising; and
  • Use, misuse, abuse, malfunction or failure of the Customer’s mobile or internet access or hardware.

RCFL is not liable for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Site or hardware.

Indemnity

The Client agrees to indemnify and hold RCFL harmless against all claims, losses, damages and actions that the Client may initiate in relation to the use of the Site. Neither RCFL nor any of its employees or offices shall be liable for any such loss or damage that may be suffered by the Client as a result of usage of the Site.

Change of Services

RCFL reserves the right to change these Terms at any time, effective for new and existing contracts. You should at all times, consult the Site for updated Terms.

You shall be responsible for the provision of the technical prerequisites necessary for the use of the Site within your scope of responsibility.

RCFL may add, change, discontinue, remove or suspend any other content posted on the Site, temporarily or permanently, at any time, without notice and without liability.

RCFL reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of RCFL’s systems remain, well–protected.

RCFL shall be entitled to temporarily or permanently block your access to the Site if there are concrete indications showing that you violate or violated these Terms and/or applicable law or if RCFL is legitimately interested in blocking such access. When deciding on blocking your access to the Site, RCFL shall take your legitimate interests into consideration.

Jurisdiction/Applicable Laws

Users of this Site agree to be governed by the laws of the Republic of Mauritius. All disputes arising from the present terms and conditions shall be solely settled by courts of the Republic of Mauritius.

TERMS AND CONDITIONS OUR ONLINE PRE-ONBOARDING PLATFORM

  1. ROGERS CAPITAL FINANCE LTD (hereinafter ‘RCFL’) or ‘we’) is an institution duly licensed by the Financial Services Commission to provide credit finance and leasing facilities.
  2. You wish to engage with RCFL to avail of its hire purchase services, credit finance services and/or leasing services.
  3. RCFL offers this online platform (“Site”) to you for a preliminary on-boarding and registration as a client subject to the following terms and conditions.
  4. By virtue of this terms and conditions (“Terms”) and accessing this Site, you accept to abide by these Terms. RCFL may, at any time and without notice, change these terms and conditions. Any change in the Terms shall be made immediately available to You in writing or via the Site and it shall be your responsibility as a user to refer to the conditions of access to the Service. Changes will be effective immediately after the changes have been made available and you will be deemed to have accepted any change if you continue to access this Site later.

 

Terms of Use between you and RCFL

As a client using this Site (hereinafter ‘Client’ or ‘you’), we request you to please read these terms carefully submitting your documents and financing needs details.

By accepting to use the Site and upload your information and documents while, you bind yourself formally and irrevocably to the Terms herein contained.

If you do not agree with these terms and conditions of this policy, please do not process further to use this Site.

The Site is accessible to the Clients for the purpose of pre-registering themselves with RCFL to avail credit facilities, hire purchase or leasing services offered by RCFL. The pre-registering process will include the input of key information of the (hereinafter referred to as the “Services”)

RCFL places this Site at your disposal on a 24/7 basis except when instructed otherwise on the Site. The contents and scope of such Site shall be subject to the functionalities as available on the Site from time to time. Your right to use the Services available on the Site shall be subject to RCFL’s technical and operational facilities.

To the extent possible, RCFL shall endeavour to provide uninterrupted usability of the Site. However, technical malfunctions, such as interruption of power supply, hardware and software errors, technical problems within the data lines may cause temporary restrictions or interruptions. Whenever the Site shall not be available, no prior notification will be sent upon restoration of services.

Representations and Warranties

You hereby represent and warrant to RCFL that you have full power and authority under the applicable laws to execute these Terms and to do all the acts as contemplated herein which will not give rise to breach of any contract or other legal obligation at any time binding, or any law (howsoever described) at the date hereof binding on it.

You shall be obliged to keep your data, including your contact data, up to date. Should the data you provided change during the time you use the Portal, you shall be obliged to correct such data on the portal in your personal settings. Should you be unable to make such changes, please inform us of your changed data via post, e-mail or fax without delay.

You understand and acknowledge that these Services do not represent an offer of financing services by RCFL to you. You shall be subject to future verification procedures and where applicable, be requested to present your documents in originals at our counters and any additional required documents. Your application for hire purchase, credit facility or leasing shall also be subject to our prior credit assessment and approval in accordance with our internal policies. We reserve the right to reject any client’s application in our own and absolute discretion.

Data Input

The Client acknowledges that for each use of the Services, the Client must provide mandatory personal data input and upload key ‘kyc’ due diligence documents. The minimum information to be filled in shall be your name, NIC number, address, email address, mobile number and any other requested details. The minimum documents required for upload, includes:

  •  Proof of identity
    The identification document must be pre-signed and must be in an original form and should bear a photograph of the principal. It must be clear and include your full name, date of birth, nationality, validity period, ID number and signature. A true copy of your identity card must be uploaded on the Site.
  •  Proof of address
    The proof of address must be a true copy of a full-page original utility bill, dated within the last dated (3) months, from an official service provider or an original bank statement or original valid tenancy contract. The proof of address should include your current residential address. PO Box addresses are not acceptable.
  •  Proof of Income

Acceptable Proof of Income is: Latest Pay slip or Income details or Bank Statement showing Income details. Payslips must bear NPF and NSF details.

Accuracy of Information

You undertake to provide your contact data and other details as requested by RCFL on the Site. You warrant the accuracy and genuineness of your information uploaded on the Site.

If you provide any information that is untrue, inaccurate not current or incomplete or RCFL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RCFL has the right to indefinitely suspend or delete your and refuse to provide you with access to our facilities.

Privacy Policy

We process your personal data in accordance with the Data Protection Act 2017, which is itself aligned with the General Data Protection Regulation. We encourage you to consult our Data Protection Notice, where the details of such processing are set out. Except as required by law, RCFL is committed to protect your confidential data; (“Your information”), as mentioned in the present paragraph, includes all information concerning you, provided by yourself or by third parties.

By accessing this Site, certain information about you, such as Internet protocol (IP) addresses, navigation through the Site, the systems and programs used and the time spent, along with other similar information, may be stored on our servers. RCFL may use this stored information with the objective of providing you a safe, efficient, smooth and customised experience.

RCFL undertakes to maintain the confidentiality of all communications of users that contain personal data and which are directly transmitted to RCFL. Information transmitted by Internet is subject to control and interception and you will support the risks associated with such transfer of data. We cannot be held liable for any loss, prejudice or damage incurred by you while transferring information by Internet. We reserve the right to ask for independent verification of any information submitted by email or any other means. The confidentiality of any confidential or unsolicited personal information sent to RCFL through the Internet cannot be guaranteed.

You acknowledge and accept that, in submitting any personal information to RCFL via the Site, you agree to the transfer of this information beyond international frontiers, if it is deemed necessary for processing, in accordance with the laws and procedures of RCFL.

Update in your details

You shall be obliged to keep your data, including your contact data, up to date. Should the data you provided change during the time you use the Site or during your business relationship with us, you shall be obliged to correct such data by informing us of your changed data via post, e-mail or fax without delay and provide us supporting documents as evidence.

Hyperlinks

This Site may contain certain hyperlinks to other RCFL pages as well as to websites outside RCFL. In addition, you may have links to our website from another website. RCFL cannot be responsible for the privacy policies and practices of other websites, even if you access them using links from our website. RCFL can make no promises or guarantees regarding data collection on the hyper-linked pages and on websites that are not owned by RCFL, RCFL recommends that you check the policy of each website you visit, or link from, and contact the owners or operators of such websites if you have any concerns or questions.

Security
RCFL have implemented technologies and policies, with the objective of protecting your privacy from unauthorised access and improper use, and periodically review the same. All personal data you provide on the Website is transmitted using TLS/SSL encryption.

Although RCFL will endeavour to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet but RCFL do not guarantee that your confidential information will be absolutely secured. By using this site, you agree that RCFL will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

Ownership
You agree to follow all instructions on this Site. There may be proprietary logos, service marks and trademarks found on this Site whether owned/used by RCFL or otherwise. By displaying them on this Site, RCFL is not granting you any license to utilise those proprietary logos, service marks, or trademarks. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

User Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful note, comment or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

In addition, when you upload your documents or photos on the Site as well as when you communicate us, the following activities shall be prohibited, irrespective of whether any law is violated or not:  the distribution of viruses, Trojans and other harmful files; the distribution of junk or spam mails as well as of chain letters;    the distribution of insinuating, offensive, sex-related, obscene or defaming contents and/or communications as well as of contents and/or communications that are suitable to support or promote racism, fanaticism, hate, physical violence or unlawful acts (in each case express or implied); harassment of other users, e.g. by initiating repeated personal contacts without or against such other user’s reaction as well as the promotion and support of such harassments; to request other users to disclose personal data for commercial or illegal purposes; or the distribution and/or public disclosure of contents available on the Site to the extent such disclosure is not expressly permitted by the relevant author or unless such contents are expressly provided as a functionality on the Site.

Any action that is suitable to negatively affect the smooth operation of the Site, in particular to generate excessive traffic can be annulled.

In case of any suspected illegal and/or punishable act, RCFL shall be entitled and may be obliged to verify your activities and to implement suitable legal measures. This may include forwarding the facts to the regulatory, investigation and/or enforcement authorities, as applicable.

RCFL assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. RCFL may remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates RCFL policies in any way.

RCFL will fully cooperate with any law enforcement authorities or court order requesting or directing RCFL to disclose the identity of anyone posting such materials.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to RCFL does not cause RCFL to have any special responsibility to you.

Disclaimer
RCFL will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site, including if RCFL is unable to perform its obligations under these Terms due directly or indirectly to the failure or breakdown of any machine, data processing system or transmission link. The Client further formally and irrevocably agrees that RCFL shall not, under any circumstances whatsoever, be liable for any loss, damage, interruption, delay or non-performance arising out of:

  • Failure by the Client to adhere to the present Terms or the Client being in contravention with any law or regulation for the time being in force or the Client having furnished incorrect information on the Site;
  • Possession, use, abuse, misuse and manipulation by the Client of any third party software;
  • Failure by the RCFL to execute any instructions from the Client as a result of causes beyond our control (force majeure) including but not limited to fire, storm, flood, explosion, vandalism, sabotage, strikes, pandemic, national lockdown or other labour disputes, whether involving RCFL employees or not, acts of God, war, riots or other civil disturbances, intervention of any government or other authority or failure of or fluctuation in any power supply;
  • Unavailability or disruption of the Site and Services due to reasons mentioned above or for any other reason;
  • Any consequential, indirect or circumstantial losses including but not limited to loss of profits, contracts or financial losses howsoever caused or arising; and
  • Use, misuse, abuse, malfunction or failure of the Customer’s mobile or internet access or hardware.

RCFL is not liable for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Site or hardware.

Indemnity

The Client agrees to indemnify and hold RCFL harmless against all claims, losses, damages and actions that the Client may initiate in relation to the use of the Site. Neither RCFL nor any of its employees or offices shall be liable for any such loss or damage that may be suffered by the Client as a result of usage of the Site.

Change of Services

RCFL reserves the right to change these Terms at any time, effective for new and existing contracts. You should at all times, consult the Site for updated Terms.

You shall be responsible for the provision of the technical prerequisites necessary for the use of the Site within your scope of responsibility.

RCFL may add, change, discontinue, remove or suspend any other content posted on the Site, temporarily or permanently, at any time, without notice and without liability.

RCFL reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of RCFL’s systems remain, well–protected.

RCFL shall be entitled to temporarily or permanently block your access to the Site if there are concrete indications showing that you violate or violated these Terms and/or applicable law or if RCFL is legitimately interested in blocking such access. When deciding on blocking your access to the Site, RCFL shall take your legitimate interests into consideration.

Jurisdiction/Applicable Laws

Users of this Site agree to be governed by the laws of the Republic of Mauritius. All disputes arising from the present terms and conditions shall be solely settled by courts of the Republic of Mauritius.