By using this website (creditdata.co.za) you agree to be bound by these Terms and Conditions of Use, as amended from time to time.
If you do NOT agree, you may not use Cred-it-data Services
In these Terms and Conditions of Use the following terms have the meanings assigned to them hereunder unless the context clearly indicates otherwise:
“Commencement Date” means the date on which you were first provided with a Username and Password to access the services of Cred-it-data;
“Confidential Information” means that information belonging to, or known by the parties to this Agreement, which is not generally in the public domain and which came into being as a result of this Agreement;
“Consent” means any freely given, specific, and informed expression of will whereby natural people agree to the processing of personal information relating to them;
“Consumer” means a consumer as defined in s1 of the NCA;
“Consumer Credit Information” means that information as more fully set out in s70 of the NCA;
“Credit Bureau” means a credit bureau as defined in s43 of the NCA and registered as such with the National Credit Regulator of South Africa;
“Cred-it-data” means Cred-it-data Online Holdings (Pty) Ltd, a company incorporated in terms of the laws of South Africa, with registration number M2007/020998/07, having its main place of business at 1 Bompas Road, Dunkeld West, Johannesburg, Gauteng 2196, South Africa which it hereby elects as its domicilium citandi et executandi in terms of these Terms and Conditions of Use. The directors of Cred-it-data and further information can be found on all legal documentation and letterheads including, but not limited to, the subscriber application form;
“Cred-it-data Services” are the information-related services as provided to Subscribers by Cred-it-data by means of the website, as amended from time to time and includes both those services provided for consideration and those services that are free, and further includes those information-related services where the source of the information is not a Credit Bureau. Please consult the website for more details;
“Credit Repair” shall bear the meaning set out in Notice 169 published in terms of the Consumer Affairs Act, 71 of 1988 (published in Government Gazette No. 18646);
“ECT Act” means the Electronic Communications and Transactions Act no25 of 2002;
“Force Majeure” means any act of God, strike, riot, war (whether declared or not), embargo, international restriction, shortage of transport facilities, any order of a regulatory authority, and the downtime of a communications medium which is not under the control of the party concerned;
“NCA” means the National Credit Act no.34 of 2005, as amended;
“POPIA” means the Protection of Personal Information Act;
“Prescribed Purpose” or “Enquiry Reason” shall mean those reasons for which Consumer Credit Information may be obtained as set out in the NCA and Regulations as amended from time to time and as explained in the “help on prescribed purposes” web page at https://creditdata.co.za/enquiryreasons;
“Primary Contact” means a single natural person that has been appointed by the Subscriber to represent the Subscriber to Cred-it-data;
“Regulations” means those regulations promulgated in terms of the National Credit Act no34 of 2005, as amended from time to time;
“Subscriber” means the legal entity/individual(s) that completed the Subscriber Application Form and includes its agents, employees and assigns;
“Terms and Conditions” for this Agreement means these Subscriber Terms and Conditions of Use as amended from time to time, and includes by reference all other terms and conditions that are contained in other documents or electronic references as mentioned in these Subscriber Terms and Conditions of Use in terms of s11(2) and s11(3) of the ECT Act;
“Transaction” means each separate time a Subscriber accesses a specific Cred-it-data Service by means of the website. For the sake of clarity, it is recorded that repeated access to the same Cred-it-Data Service(s) will result in multiple transactions;
“User” means each natural person who has access to Cred-it-data Services as enabled by the Subscriber;
“Username and Password” means the combination of alphanumeric characters that are unique to each User and are intended to provide a safe and secure way of accessing the Cred-it-data Services in a manner where the use of the Cred-it-data Services can be tracked to each User;
“Footprint” means a piece of information recorded at the credit bureau each time an enquiry is done on a subject.
“s” refers to a section of a legislative act.
Cred-it-data provides the Cred-it-data services to Subscribers for consideration in terms of these Terms and Conditions.
The Subscriber wishes to appoint Cred-it-data as its agent in order to obtain the Cred-it-data services and agrees to abide by these Terms and Conditions.
By completing and signing the Subscriber Application Form – which incorporates these Terms and Conditions – the Subscriber appoints Cred-it-data as its agent to procure the Cred-it-data Services. By providing the Primary Contact with a Username and Password, Cred-it-data accepts this appointment.
Commencement and Duration
This Agreement will begin on the Commencement Date and will continue indefinitely subject to the rights of either party to terminate this agreement as detailed below.
Each Transaction processed through the Cred-it-data website is subject to a fee which is paid in arrears each month and may be paid by any means as set out in the Subscriber Application Form.
All fees that are payable per Transaction for the Cred-it-data services by the Subscriber can be obtained on the website and are incorporated herein by reference.
From time to time, Cred-it-data will increase the fees payable for the Cred-it-data Services and will provide the Subscriber with 14 (fourteen) calendar days’ notice of the increase in fees, which may be provided electronically.
The Subscriber undertakes to pay all amounts due to Cred-it-data, without deduction or unreasonable set-off, within 30 (thirty) calendar days of the date on the invoice provided by Cred-it-data to the Subscriber.
In the event that the Subscriber is not a Juristic Person as defined in s1 of the NCA then the following provisions apply:
If the payment tendered by the Subscriber is not honoured by the financial institution concerned, the Subscriber shall be liable for an administration fee of R200.00 (two hundred rand) in addition to the fees then due to Cred-it-data; and
If the Subscriber does not pay the amount due in terms of the invoice mentioned in clause 5.4, interest at the rate of 2% (two per cent), per annum above the prime lending rate at the time, compound interest calculated daily will be levied on overdue amounts and this interest will be calculated monthly.
For the sake of clarity, if the Subscriber is a natural person then no interest will be levied on overdue amounts unless legal action has commenced in order to recover any monies due to Cred-it-data. If legal action has commenced then the prescribed rate of interest in terms of the Prescribed Rate of Interest Act no.55 of 1975 will apply.
In the event of a change in the rate of Value Added Tax (VAT) or any other charge that is imposed on Cred-it-data Services by the South African government or an organ thereof, Cred-it-Data will be immediately entitled to increase the fee per Transaction by the amount that the charge was increased without notice.
The Subscriber agrees that should they be eligible for a refund of any nature, it will be provided as a usage voucher redeemable online giving credits to use products and services. No other form of refund shall be issued unless so stated in writing by Executive management.
The Subscriber agrees that prepaid Credits purchased do not bear interest and are non-refundable.
The Subscriber hereby agrees to receive invoices, statements, justification/service listings, reports and all communication, both contractual and legislative, electronically via email and/or facsimile or SMS/MMS where applicable.
Keeping records accurate
The Subscriber hereby agrees that they are responsible for keeping their records up to date and accurate. This includes and is not limited to;
Bank details for debit orders.
User information and statuses.
VAT numbers, addresses, and company contact information.
The Subscriber hereby agrees that access control of its own Users will be the responsibility of the Account administrator assigned.
Cooling-Off Period Not Applicable
The Subscriber hereby agrees that the Cred-it-data Services may begin within 7 (seven) working days of completing the Subscriber Application Form and thus agrees that the cooling-off period as set out in s44 of the ECT Act does not apply.
Submission and use of Data sent to Cred-it-data
The Subscriber undertakes to ensure that data that is submitted by it and its Users contains the following information in respect of a Consumer:
Initials and surname or full names and surname;
South African identity number or if the Consumer does not have an identity number, the passport number and date of birth;
the residential address and telephone number of the Consumer (if known); and
the details of the employer and place of work of the Consumer (if known) and if self-employed or unemployed, a statement to that effect (if known).
The Subscriber undertakes that any data submitted to Cred-it-data shall be accurate, up-to-date, relevant, complete and not duplicated.
The Subscriber undertakes that any data submitted to Cred-it-data may be utilised by a Credit Bureau as part of its database in the ordinary course of business of a Credit Bureau.
The subscribers understand and agree that their requests for information from Credit Bureaus will have a Footprint by the relevant Credit Bureau to show an enquiry was done when it was done and the contact person in regard to this enquiry.
Use of Subscriber Data sent to Cred-it-data
The Subscriber acknowledges and agrees that:
The data contained in the Subscriber Application Form may be checked by Cred-it-data to ensure the accuracy thereof, and this process may include the obtaining of a credit report as well as possibly bank code and bank account verification on the Subscriber itself;
Cred-it-data may monitor the Subscriber’s payment behaviour by researching its profile at one or more Credit Bureaus;
Cred-it-data may record and transmit the details of how the Subscriber performs in terms of this Agreement to any Credit Bureau; and
Cred-it-data may disclose information relating to the Subscriber’s use of the Cred-it-data services to any Credit Bureau or to satisfy any requirement in law or as directed by the National Credit Regulator.
Any information released by a Credit Bureau via Cred-it-data to a Subscriber shall in no way be construed as an opinion of the Credit Bureau and/or Cred-it-data on the solvency, financial standing, creditworthiness, integrity, or motives of any party reported upon, but merely reflects a recording of information received by the Credit Bureau from various sources from time to time. Use of the recommendations and the information contained within the credit reports requires the use of the Subscriber’s skill and judgment. The Subscriber shall be solely liable for all opinions, recommendations, forecasts, comments made, or actions taken in connection with the recommendations and information contained in the credit reports.
The Subscriber undertakes that it will only use the Consumer Credit Information provided by the Credit Bureau via Cred-it-data for the Prescribed Purpose as indicated to Cred-it-data by means of the website.
The Subscriber undertakes that it will obtain the Consent of the Consumer for an enquiry to be made to a Credit Bureau for Consumer Credit Information before a Subscriber requests information from Cred-it-data and/or a Credit Bureau if such Consent is required by the applicable Prescribed Purpose.
Technical Specifications and Security
While Cred-it-data uses its best efforts to provide the data related to the Cred-it-data services as quickly as possible, it cannot guarantee the time period within which the data will be provided. Please contact Cred-it-data if the data that you required was not provided to you within 2 (two) working days.
Cred-it-data will provide Subscribers with technical specifications from time to time in order to ensure that the security of its system and related systems are not compromised, and for operational reasons. The Subscriber undertakes to abide by these technical specifications and to implement them as soon as possible after they have been released by Cred-it-data. Failure to abide by these technical specifications could result in incorrect data being received and/or submitted by the Subscriber and/or damages sustained by third parties for which the Subscriber will be held strictly liable.
The subscriber agrees that no User information is ever deleted for audit purposes and Users shall only be made inactive when access to the system is no longer required for a user.
In addition to the technical specifications mentioned above the Subscriber undertakes to ensure that:
The Username and Password of each User are exclusively used by that particular User;
The Username and Password of any User will not be provided to any person whatsoever aside from the Primary Contact;
They will notify Cred-it-data as soon as possible after it becomes aware of any security breach
They will notify Cred-it-data either before or when the Primary Contact ceases to be entitled to represent the Subscriber;
They will not tamper with, reverse-engineer, or disclose confidential information about the security systems of Cred-it-data and/or any Credit Bureau; and
They will be responsible for the actions of any of the Users who are allowed access to Cred-it-data’s Services.
Cred-it-data enforces transport layer security, military-grade encryption, firewalls, and active monitoring systems. Further information related to security and technical details and features implemented by Cred-it-data is available on the following website https://creditdata.co.za/privacy-policy
Information, Data and Report Interpretation
Information provided contains data from public records which the data providers do not control, and which have not been verified unless otherwise indicated. The data providers, do not give any undertakings of any nature in relation to the data or as to the accuracy or correctness of the data.
The use of the information provided requires the subscriber to use their own skill and judgement to make a final decision. The data providers, shall not be liable for any decisions or actions that were taken by the subscriber in reliance on the information. Save as aforesaid, the information and the use thereof are subject to the data providers, standard subscription agreement, terms and conditions and general use of information, copies of which are available on request and appended to this agreement.
All times and dates used in the system are reported as GMT+2, also known as SAST – South African Standard Time.
Credit Bureaus include but are not limited to TransUnion South Africa, Experian South Africa, XDS (Expert Decision Systems), and Compuscan.
“Data providers” means Cred-it-data, its partners or vendors and all information providers including but not limited to the Credit Bureaus listed in 12.4
The Subscriber agrees that:
No unauthorised use of Cred-it-data’s and/or the applicable Credit Bureau’s intellectual property – which includes its designs, trademarks, copyrighted works or patents, reports and content – is permitted; and
rights, title and interest in and to the Intellectual Property vests in the Credit Bureau and/or Cred-it-data, respectively, as appropriate. Nothing in this Agreement transfers ownership of any of the Intellectual Property to any party.
Confidentiality and Privacy
The parties hereby warrant that they will not disclose the Confidential Information to any unauthorised third party and will use their utmost efforts and diligence to guard and protect the Confidential Information.
In the event that any Confidential Information is disclosed, whether intentionally, negligently or otherwise, the party who becomes aware of this disclosure will inform the other party in writing as soon as possible.
All payment information and personal information provided to Cred-it-data is stored encrypted electronically and is only able to be accessed by Cred-it-data’s employees and agents. If specifically required, Cred-it-data is obliged to provide personal data to a Credit Bureau/Credit Regulator in order for the Credit Bureau/Credit Regulator to fulfil its functions in terms of the NCA. This information is encrypted and protected by authentication mechanisms to ensure that this information is not disclosed to unauthorised persons.
Save as specifically set out herein, neither Cred-it-data nor any Credit Bureaus make any representations and warranties and/or guarantees of whatever nature, whether express, implied in law or residual, in respect of this Agreement, the Cred-it-sata Services and/or the accuracy or correctness of the reports and/or the recommendations.
The Subscriber hereby warrants that:
They will abide by the terms of this Agreement and particular warrants that it will honour the undertakings as set out in this Agreement;
They do not and will not at any time conduct and/or be directly or indirectly involved in the business of Credit Repair;
Any data sent to Cred-it-data is not subject to a duty of confidentiality between the Subscriber and the Consumer; and
They will at all times abide by all the applicable legal and/or regulatory requirements and constraints in regard to their access to and use of the Credit Bureau information and services.
The Subscriber hereby indemnifies Cred-it-data and/or the applicable Credit Bureau(s) from any claims of whatever nature arising as a result of any actions taken or reliance made on the information provided by Cred-it-data and the Credit Bureau(s) concerned.
Cred-it-data and/or the applicable Credit Bureau(s) will not be liable for any actual or contingent loss, liability, expense, costs or damage of whatsoever nature (whether indirect, direct, consequential or otherwise) suffered by the Subscriber as a result of:
A breach of this Agreement by the Subscriber;
The use of any data provided by Cred-it-data after the termination of this Agreement;
Any mistake, error or omission related to data submitted to or received from Cred-it-data;
Any delay or failure to communicate with Cred-it-data; and
Any event of Force Majeure.
Without prejudice to any of the rights of Cred-it-data or the applicable Credit Bureau(s) at law or in terms of this Agreement, the Subscriber indemnifies Cred-it-data and the applicable Credit Bureau(s) against all actual or contingent losses, liabilities, damages, costs (including legal costs on the scale as between attorney and client and any additional legal costs), and expenses of any nature whatsoever which Cred-it-data and/or the applicable Credit Bureau(s) may suffer or incur as a result of or in connection with the negligent acts or omissions of the Subscriber in carrying out its obligations in terms of this Agreement.
All information provided to the Subscriber is provided on an “as-is” basis. Cred-it-data does not have control over the data provided to the Subscriber and will not be held responsible for any error or omission related to the data. In addition, Cred-it-data does not warrant that the Cred-it-data Services will be uninterrupted, error-free, free of viruses or destructive code, or that defects will be corrected.
In order to ensure that the Subscriber complies with the terms of this Agreement, Cred-it-data is required to obtain the Subscriber’s consent to audit its books records and systems, which the Subscriber hereby provides.
Any audit of the Subscriber’s systems will be undertaken solely for the purpose of ensuring compliance with the terms and conditions of this Agreement and such information will be held in confidence unless this information is required to be provided to a Credit Bureau, the National Credit Regulator, or to a court of law.
Cred-it-data may appoint third parties as its representatives and/or agents to conduct the said audit and the result of the audit will be provided to the Subscriber concerned.
Cred-it-data will pay for the costs of the audit unless the audit reveals that the Subscriber is or was in breach of this Agreement. If the Subscriber is breaching this Agreement or has breached this Agreement then the Subscriber will pay for the full costs of the audit.
In the event that Cred-it-data, the Subscriber or the Credit Bureau is prevented from carrying out its obligations in terms of this Agreement as a result of Force Majeure, the party that is so prevented will be released from its obligations to the extent and for the duration that the event of Force Majeure exists.
Any party that is so prevented by Force Majeure as described above will endeavour to contact the other parties as soon as it is able and inform them of the event that gave rise to the Force Majeure, the expected duration of the Force Majeure, and thereafter indicate when the Force Majeure has ceased to apply.
The Subscriber shall not be entitled to cede or assign any of the rights contained herein without the express written permission of one of the Directors of Cred-it-data. Cred-it-data may cede this agreement by providing written notice, which may be communicated electronically, to the Subscriber along with permission from the Subscriber to do so.
In the event that the Subscriber breaches this agreement, it shall be liable for any legal, professional and/or other costs and/or disbursements (including the costs of any letter of demand, tracing agents fees and collection commissions), that are incurred due to this breach on the scale as between attorney and own client.
This Agreement may be terminated by the Subscriber or Cred-it-data by giving the other party 30 (Thirty) calendar days notice of the intention to terminate this agreement or as a result of a breach of this Agreement as described hereunder.
Breach of Agreement
In the event that the Subscriber breaches any term of this Agreement, Cred-it-data will be entitled to cancel this Agreement immediately by notice in writing, without prejudice to any of its other rights and remedies, which include any right to claim damages and indemnification.
Entire Agreement and Variation
This Agreement constitutes the entire Agreement between Cred-it-data and the Subscriber and supersedes any express or implied oral representation or any advertising by a party. No variation of this Agreement is valid unless reduced to writing and agreed to by a Director of Cred-it-data.
Any certificate by a Director of Cred-it-data, whose appointment, qualification, and authority need not be proved, indicating the various versions of this Agreement, will be prima facie proof of the current and previous versions of this Agreement. All versions of this Agreement will be provided to the Subscriber by means of the website.
Notwithstanding clause 24.1 above, this Agreement may be amended by Cred-it-data posting an amended Agreement on the website, which shall be deemed to be effective and binding on the parties on the date as set out therein, provided that the date as set out within the Agreement is no earlier than 5 (five) calendar days after the amended Agreement is posted to the website. Notice of any changes to the agreement will be communicated in writing, including the changes to be made, to the Subscriber prior to the implementation of the changes. The written notice may be in electronic format. In the event of a conflict between the terms of the current version of the Agreement and the previous versions of the Agreement as posted on the website, the terms of the current version posted on the website shall prevail.
Waiver and Failure to Enforce Rights
No extension of time or indulgence granted by either party to the other shall be deemed in any way to affect, prejudice, or derogate from the rights of such party in any respect under this Agreement, nor shall it in any way be regarded as a waiver of any rights hereunder, or a novation of this Agreement.
Governing Law & Jurisdiction
This Agreement shall be construed and governed in accordance with the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the High Court of South Africa, Witwatersrand Local Division.
The parties undertake to ensure that all necessary resolutions are passed and all documents are signed as is necessary to give proper and due effect to the terms of this Agreement, or any matter arising therefrom, according to its intent and purpose.
The expiration or termination of this Agreement shall not affect such of the provision of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
If any provision of this Agreement is unenforceable or invalid under the law, the remaining substance of such provision and remaining provisions of this Agreement shall continue to be binding and in full force and effect provided the essential economic benefits of this Agreement are retained.
Cred-it-data is a member of the Credit Bureau Association (CBA). The contact details of the Credit Bureau Association can be obtained from its website at http://www.cba.co.za or from any Credit Bureau.
The parties choose their contact information and domicilium citandi et executandi as follows:
The Subscriber – As found in the Subscriber Application Form.
Cred-it-data – As set out in clause 1.1.7 of the Subscriber Application Form and the Web Site. In the event of a discrepancy between these details, the details as found on the website will prevail.
Either party may vary its domicilium citandi et executandi by providing written notice to the other, which may be provided electronically.
Notwithstanding clause 28.2 Cred-it-Data may require that the Subscriber authenticate this change in domicilium citandi et executandi and contact information by providing proof of the new Subscriber address.
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