The provisions of Sections 11,12, and 13 of the Electronic Communications and Transactions Act, 25 of 2002, alternatively similar and applicable country specific law, in so far as e-contracting is concerned are expressly excluded and contracted out of by Quantum Business Africa or its associated company namely Quantum Business Development (hereinafter called “QBD”) and, unless clearly stated to the contrary in the body of the data message or electronic communication no data message or electronic communication will be recognised as having legal contractual status as per the aforementioned provisions under any circumstances. All contracts concluded by QBD, its Business Units, Divisions and Subsidiaries will only be legally binding and recognised once reduced to physical writing and physically signed by a duly authorised representative of QBD. All other provisions of the Electronic Communications and Transactions Act, 25 of 2002 are accepted.
The information transmitted in this e-mail is intended ONLY for the person or entity to which it is addressed and may contain confidential and/or legally privileged content. Access to this e-mail by anyone else is NOT authorised. Any disclosure, action, review, retransmission, dissemination, copying, distribution and / or any action taken or omitted in respect of the content is PROHIBITED and may be illegal. NO liability or responsibility whatsoever is accepted in case of data corruption and/or in case of not reaching the intended recipient. Any information, view or opinion stated in the content is that of the sender unless the contrary is clearly stated. If you are NOT the intended recipient you received this transmission in ERROR. Please contact the sender and permanently delete the content hereof. The e-mail or any other form of communication with the client is done WITHOUT PREJUDICE.
All parties agree hereto that no oral or verbal representations have been made whatsoever between the parties herein regarding the term, conditions and intent of this or any other contract , other than what is written in the client engagement contract with the client. The client or reader is prohibited from transferring, conveying, or assigning any of its rights, title, or interest in their contract without first obtaining the express approval of QBD which agrees that such approval will not be unreasonably withheld. QBD has not provided any financial or legal advice to the client and the responsibility remains completely with the client. Client agrees and accepts that the contract with the investor/funder and the particulars thereto and engagement of the parties hereto are approximate and client will make no reliance(s) whatsoever on the any until such time that a final and/or formal letter of commitment from the investor/and/or formal legal contract is issued. QBD is only a facilitator between client and investor/funder.
There will be no changes, alterations, amendments or adjustments to this e-mail or any documents attached of any kind as none are permitted and the particulars stated herein are non-negotiable, unless formally written in paper printed format by a senior officer of QBD, and the funder/investor. Notwithstanding the contents of this e-mail or Client Engagement Agreement or Contract, QBD’s liability to the Client hereunder shall be limited to the aggregate amount of fees actually paid to QBD during the year in which the client applied for funding. Fees paid directly to funders are not refundable. Fees paid directly to QBD or any service providers whether directly related to the finance or in terms of other expense payments are not refundable by QBD under any circumstances whatsoever. All fees paid are considered sunk costs and are not claimable. QBD has no liability to the client whatsoever in returning fees paid.
QBD is not a licensed securities’ broker, securities’ dealer, securities’ advisor, and is not licensed by any banking or insurance commission in any jurisdiction. QBD facilitates funding using funding partners by assisting clients with the finance application. All terms and conditions of the signed or unsigned Client Engagement Agreement and Contract applies to this e-mail which stipulates terms and conditions. Use of this e-mail implies that Client or any other party has read, understood and agrees to Client Engagement Agreement and Contract. QBD facilitates funding or banking instruments using funding partners assisting clients by doing various consulting work and collateral sourcing and there is no guarantee or warrantee given express or implied that finance will be granted or that either QBD or the investor/funder will perform.
The particulars contained herein are subject to the terms and conditions in the agreement and contract with the investor/funder. Any fees paid to QBD are based on current and future, all events and information realized during processing, due diligence and is subject to the discretion of QBD or its assigns, who reserves the absolute right, authority and discretion to provide subject financing as presented above by (1) corresponding with direct investors/funders, (2) assigning, transferring, or conveying its rights, title and interest in an agreement and contract to any third party of its choosing, which may also provide said financing to client.
RIGHT TO ADVERTISE: The Client and/or their assigns acknowledge and approve QBD’s right to advertise the approved funding without notice or approval by Client and/or their assigns.