Terms & Conditions


    1. 4AX Debt Services Company ('4AX DSCo'), has set up a marketplace structure for company debt. The marketplace consists of an entity structure allowing companies requiring a loan ("Borrowers") to apply for loans from participating investors ("Investors") within the 4AX DSCo digital platform ("Platform"), utilising an entity structure (4LEND) set-up to streamline and simplify the loan and investment process and reduce the operational cost of company loans. The online "marketplace" enables Investors and Borrowers to interface directly within a secure managed platform.

    2. 4LEND (Ring Fenced) Proprietary Limited (4LEND) is a separate company entity set-up by 4AX DSCo, owned by the 4LEND Trust, with a charity beneficiary (Nelson Mandela Children's fund), and governed by the 4LEND Trust Deed, to ensure the loan capital and interest is kept in a ring fenced entity separate to the operational costs of 4AX DSCo.

    3. DSCo provide the contractually regulated services required by 4LEND to both Borrowers and Investors, including documentation generation, debt origination, credit scoring, borrowing, investing, collections, payments, financial account management and debt collection activities.

    4. The Borrower requires a loan and may apply for a loan ("Loan") from 4LEND, by following the services and standard procedures of the Platform. The Investor may agree to provide an investment ("Investment") into the loan to the Borrower, via the services provided by the Platform. The loan may be provided, subject to the unconditional commitment from Investors of associated linked Participatory Notes on the 4AX Debt Services Platform.

    5. There is a Loan Agreement and Participation Agreement required to be signed by Borrowers and Investors respectively, where the Parties record the agreed terms and conditions for such provision of funding and matters related thereto.

    6. The Issuer is 4LEND, a bankruptcy remote and ring-fenced company. Each Participating Investor acquires a direct interest (on a "look through" basis) to its percentage participation in a Loan; accordingly, no Participating Investor can have recourse against another Participating Investor's claims. Participating Investors participate in the economic benefits and risks of a particular loan by purchasing a percentage of the economic benefits or loan proceeds from the Issuer ("Economic Interest") which is evidenced by a Participation Note.

    7. The Participation Agreement sets out the high-level terms and structure of the investments into 4LEND. The Participating Investor does not acquire a claim against the borrower, thereby avoiding the administrative burdens which ordinarily flow from being a lender, such as the finding of suitable borrowers, the collection of payments, the calculation of payments and managing defaulting borrowers.

    8. The Participation Note sets out the terms of each investment, including participation percentage which a Participating Investor acquires from the Issuer in respect of the loan proceeds.

    9. Borrowers benefit from having available a number of Participating Investors to potentially fund the loan. Borrowers also benefit for an 'aggregation' of interest rates into a single blended rate. This financing structure means that borrowers interact with a single entity (4LEND) while gaining access to a marketplace of opportunity, without having to deal directly or negotiate with potential investors.

  2. Please take note of all Website Terms and Conditions of Use. Your use of this website implies an acceptance of the Website Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Website Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.

  3. 4AX DSCo grants you a limited, revocable license to use this website subject to the Terms. The license is a personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Website Terms and Conditions of Use. Except for this limited license, we do not grant you any other rights or license with respect to this website.

  4. Unless we have granted you permission in advance and in writing, you may use the website only for your personal, non-commercial use, and not to provide services to a third party. Any person wishing to use this web site contrary to the Website Terms and Conditions of Use must obtain 4AX DSCo's prior written consent.

  5. 4AX DSCo makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. 4AX DSCo assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore 4AX DSCo reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting 4AX DSCo or the owner or provider of the information to which the issue relates.

  6. Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this web site are the sole property of or will vest in 4AX DSCo or a third party licensor. All moral rights are reserved.

  7. Trademarks. 4AX DSCo's logo and sub-logos, marks, and trade names are the trademarks of 4AX DSCo and no person may use them without permission. Any other trademark or trade name that may appear on this web site or other marketing material of 4AX DSCo is the property of its respective owner.

  8. You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment. If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.

  9. Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of 4AX DSCo. 4AX DSCo makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. 4AX DSCo will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).

  10. While 4AX DSCo makes every effort to ensure that any executable material available to be downloaded from 4AX DSCo's website is free of any virus, it cannot guarantee that the material is free from any or all viruses. 4AX DSCo is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.

  11. You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

  12. The collection and retention of personal information by 4AX DSCo through its website and through the registration process is subject to the terms of the 4AX DSCo Privacy Policy currently in force and available for review on this website.

  13. Restrictions on Use of Website:

    1. Framing. No person, business, or website may frame this website or any of the pages on this website, or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;

    2. Linking. We prohibit "deep linking" to any other pages in a manner that would incorrectly suggest endorsement or support of 4AX DSCo or suggests you are the owner of any intellectual property belonging to 4AX DSCo.

    3. Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this website.

    4. You specifically may not:

      1. Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever;

      2. Modify, translate into any language or computer language, or create derivative works from, any content or any part of this website;

      3. Reverse engineer any part of this website;

      4. Use the website other than to make legitimate reservations or bookings;

      5. Use the website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;

      6. Disguise the information transmitted through the website;

      7. Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;

      8. Use or access the website in any way that, in our reasonable judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by 4AX DSCo other website users;

      9. Upload or transmit to the website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our website, or appropriate the website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

      10. Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment; or

      11. disguise the origin of the information transmitted through the website.

  14. All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by 4AX DSCo and the information owners and providers.

  15. If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.

  16. No delay, neglect or forbearance on the part of 4AX DSCo in enforcing any of their rights under the Website Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of 4AX DSCo.

  17. If any of the Website Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Website Terms and Conditions of Use which will continue to be of full force and effect.

  18. All conditions and terms of use contained in this website are governed by South African law and you agree to submit to the non-exclusive jurisdiction of the courts of South Africa.

  19. No addition to or modification of any provision of these Website Terms and Conditions of Use will be binding on 4AX DSCo unless made in writing and signed by their duly authorised representatives.

  20. 4AX DSCo may modify, suspend, or discontinue providing this web site (with or without notice) and will not be liable.