Terms and Conditions
TERMS AND CONDITIONS OF USAGE
These terms and conditions apply to your access to the Finance 365 (Pty) Ltd website, services and any related services related thereto. By accessing or making use of the website or related services you warrant that you have read, understood and agree to these terms and conditions of usage.
1. Definitions
- “Business” means the business of Finance 365, being the provision of financial wellness which may include but is not limited to referrals to various third party registered financial service providers and related entities, and which includes all matters reasonable connected thereto, including matters relating to legal and corporate governance;
- “Confidential Information” means all proprietary and confidential information including, but not limited to technical information, business information, product sales information trade secrets or proprietary ideas which you may become aware of by virtue of your relationship with Finance 365;
- “Credit Bureau” means any registered credit bureau of the Republic of South Africa;
- “Direct Marketing” means promoting or offering to supply products and services to you in person or by way of mail or electronic and/or telephonic communication;
- “Finance 365” means Finance 365 (Pty) Ltd;
- “Force Majeure” means those uncontrollable events such as war, extreme weather or riots. These events include everything which is not in our control such as software or telecommunications failure, service outages or accidents;
- “Information” means “personal information” and “special personal information” as defined in POPIA.
- “Information Regulator” means the information regulator as that term is defined in Section 39 of POPIA;
- “Operator” means a Person who Processes Information on behalf of Finance 365 in terms of a contract or mandate, without coming under the direct authority of Finance 365 and may include, without limitation, Finance 365’s auditors, information technology service providers and related and/or inter-related persons as that term is defined in Section 2 of the Companies Act No. 71 of 2008;
- “Person” means a person defined in POPIA, and “Persons” will have a corresponding meaning;
- “Personal Information” means any information about or relating to you that we possess by virtue of your use of our website and related services;
- “POPIA” means the Protection of Personal Information Act No. 4 of 2013;
- “Process” and “Processing” means anything that is done by Finance 365’ in relation to its Stakeholders’ Information, whether or not by automated means, including the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination, distribution, merging, linking, restriction, degradation, erasure and/or destruction of Information;
- “Stakeholder” means any Person whose Information Finance 365 Processes, and this may include Information pertaining to Finance 365’s employees, candidates for employment, customers, suppliers, officers, business associates, partners, clients and the like.
2. Introduction to our services
You engage and authorise Ibureau (NCRCB43) to act as your authorised agent and with your consent, to make your information available to Finance365 to:
- Obtain from time-to-time and on your behalf, as your authorised agent and representative, copies of your credit report and credit score from a designated credit bureau registered as such with the National Credit Regulator in terms of the National Credit Act.
- With your consent Finance365 may provide Consumer education on how to improve your Credit Score as well as to introduce you to their preferred partners for services which could be of benefit you.
- Retain your information on your portal and make this credit information available to you through our website and app. After your registration with us, you will be taken through an ID validation process. Once your identity has been validated, we will then provide you with a copy of your credit report and credit score. Provided you remain an active user of our services, we will obtain an updated copy of your credit report and credit score periodically and notify you that a new report is available.
- Undertake an analysis of your and, where applicable, your financial associates’ (meaning any person with whom you have a joint financial account or mortgage, have made a joint credit application or have a joint court judgment) credit information and to make tools available to you to do so yourself. This will allow you to be better informed about your credit position so you can understand and manage it. In turn this will enable us to identify and inform you of various credit and related products (including but not limited to personal loans and credit cards, insurance or debt review) that are likely to be suited to your credit circumstances which you will have the opportunity to review and opt for; and
- Using your credit information and any other data you provide or make available to us for the purposes set out in these Terms, including our Privacy Policy, which expressly forms part of these Terms
3. Account registration and use of our services.
- In order to make use of our services, it is necessary to register an account on the Finance 365 website.
- You are solely responsible for ensuring that you maintain the confidentiality of your account and account details. Your account login details must not be shared with any other person, and you must immediately notify Finance 365 if you suspect your account login details have been compromised.
- You warrant that the registration information provided by you in your account is accurate, complete and up to date.
- You hereby authorise Finance 365 to carry out the instructions received from your registered profile.
- You are responsible for all use of our website and our services when access is obtained using your registered profile, whether authorised or not. You indemnify Finance 365 against any loss caused because of any unauthorised use or activity on your account, or if an instruction issued by your registered profile was fraudulently issued by another person.
- Finance 365 gives no guarantee that its website or any content or portion thereof will always be available, uninterrupted or error free. Finance 365 not be held liable for any loss or damage cause to you or any third party as a result of the disruption of the availability of our services, or any errors.
- Access to Finance 365 website is granted on a temporary basis and Finance 365 reserves the right to suspend, withdraw or restrict access to our website or services.
4. Products and services
- Our website and our services are made available free of charge.
- You must be at least 18 years of age and a resident of South Africa to use our website and associated services.
- You may access and use our website and associated services only for your own personal use and on your own behalf. You must not engage another person, company or entity to access our website on your behalf.
- You must in no way and by no means order, or attempt to order, credit information relating to anyone else through our website.
- Nothing on the Finance 365 website should be regarded as an offer in terms of contract law, rather it should be viewed as an invitation to engage in services.
- Any information or product supplied by Finance 365 are strictly for your own information and consideration. They do not constitute financial or other professional advice.
- You warrant that you will only use our website and services for its lawful and intended purposes. You will be solely responsible for any action taken against in this regard.
- You remain solely responsible for taking all decisions, making all enquiries, applying your own judgment and managing all aspects of the products and services that you may prescribe for, including issues relating to financial planning and debt relief.
- Finance 365 makes no representations and makes no guarantees that you qualify or realise any financial benefits from your use of the services or products of the business.
5. Third party products and services
- Where possible we may refer you to independent companies who can provide access to a larger variety of products and services. If you elect to proceed with any of the services of these independent companies you can give your additional consent to opt in at that stage.
- If you decide to purchase products or services from any third party, you will do so under a separate agreement with the relevant third party.
- You acknowledge and agree that Finance 365 has no control over, and accepts no responsibility or liability for, the contents of those websites or resources.
- Finance 365 offers no representations or warranties regarding any third-party products or services. The use of any third-party product or service is entirely voluntary and at your own risk and Finance 365 will accept no responsibility or liability for any loss or damage arising from the use of a third-party product or service.
6. Intellectual Property Rights
- All rights pertaining to the intellectual property featured on our website, including its content and underlying systems, are either owned, licensed, or sublicensed by us.
- The materials on our website are copyrighted with all rights reserved.
- Images, trademarks, and brands are safeguarded by intellectual property laws and may not be reproduced or utilized without consent from their respective owners.
- Any acknowledgment attributing authorship of website content to us or our contributors must not be removed.
- You may only download or print content or sections of our website for personal use, provided that relevant proprietary notices and disclaimers are attached.
- Any material obtained from our website is at your own risk, and you are solely responsible for any resulting damage to your computer system or loss of data.
- Modification, adaptation, copying, downloading, or posting of materials from our website, or inclusion of any part of our website in other websites or electronic retrieval systems, is strictly prohibited. Additionally, illustrations, photographs, videos, audio sequences, or graphics must not be used separately from accompanying text or explanation.
- If you breach these terms by printing, copying, downloading, or posting any part of our website to social media, you must, at our discretion, either return or destroy any copies of the materials you have made.
7. License
- You grant us a license to utilise any information, data, materials, or other content (referred to collectively as “Content”) you provide to us via our website or that we obtain on your behalf in connection with the services we offer (such as your credit information).
- You acknowledge and consent to our ability to use, modify, display, distribute, and generate new material using the Content for the purpose of delivering our services to you and for any other purposes outlined in these Terms, including our Privacy Policy.
- By submitting Content, you affirm and agree that the owner of said Content has explicitly consented, without any specific time constraints and without the requirement of any fees, to our use of the Content for the purposes detailed in these Terms.
8. Disclaimers and limitation of our liability
- The content featured on our website and any information furnished to you as part of our services is intended solely for general informational purposes. It should not be construed as advice upon which you should rely.
- While we attempt to help you understand and manage your credit score, we have no control over your personal credit score or credit report, nor are we able to alter this information on your behalf.
- Entities conducting credit inquiries on you gather and maintain information from various sources, including but not limited to credit providers, banks (comprising details of past credit applications and your banking activities), and publicly accessible sources such as court records. They may also establish connections between any previous or subsequent names you utilise in their records.
- These entities utilise their own criteria to make determinations concerning you. Any decisions you make based on your credit score, credit report, or any other information provided by us are entirely at your discretion.
- Hence, it is imperative that you thoroughly review and comprehend any pertinent information, such as the terms and conditions of credit providers, which outline the risks associated with any decision you make and provide comprehensive details of the expenses associated with entering into a credit agreement.
- You should seek professional or specialised advice before undertaking any action or refraining from doing so based on the content found on our website or any other information provided by us.
- To the fullest extent permitted by applicable law, we disclaim all conditions, warranties, representations, or other terms that may apply to our website, its content, or services accessed through it, whether express or implied.
- To the fullest extent permitted by applicable law, we will not be liable to you or any third party for any loss or damage, whether in contract, negligence, breach of statutory duty, or otherwise, even if foreseeable, arising from or in connection with: (a) the use, inability to use, or unavailability of our website (or any part of it), linked websites, or services; (b) any products, data, information, or services obtained or accessed through our website, including reliance on any content displayed on or made available through it; (c) unauthorised access to or alteration of your transmissions or data; or (d) any inaccuracy or incompleteness of any information received by you or us through our website or services.
- You acknowledge that we are not liable for any products provided by financial service providers or any other third parties. These products are governed by separate supply terms and applicable legislative requirements. You agree that we are not responsible or liable for any loss or damage you may suffer in connection with any such product or related contract with a third party, or for any acts, omissions, errors, or defaults of any third party.
- It is your responsibility to seek independent advice or satisfy yourself before applying for, cancelling, exchanging, or changing any credit or other product.
- Any indications of success likelihood or potential savings provided regarding matched products are for informational purposes only and should not be relied upon for decision-making. We do not guarantee your eligibility for or success in obtaining matched products advertised on our website. Your eligibility for any credit product will always be subject to the relevant third-party provider’s terms, conditions, and NCA requirements.
- Although we use virus checking software to protect our systems, any content downloaded from our website is at your own risk. We do not accept liability for any loss or damage resulting from distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs, or other damaging items resulting from your use of our website. You are responsible for protecting your computer systems from viruses with anti-virus software, firewalls, and other necessary technical measures.
9. Consent to jurisdiction.
- For the purpose of all or any proceedings hereunder the parties agree and consent to the jurisdiction of the Magistrates’ Court, notwithstanding that such proceedings are otherwise beyond the jurisdiction of such court.
- This clause shall be deemed to constitute required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates’ Court Act, provided that Finance 365 may at its discretion elect to institute proceedings in any other applicable court with the relevant jurisdiction to hear such a matter.
10. Domicilium and electronic communication.
- You choose as your domicilium citandi et executandi (“domilicilium”) for all purposes relating to this agreement at your residential address of principal place of business as stated in your account registration or as otherwise as notified to us in writing.
- You authorise Finance 365 to make use of any suitable form of electronic communication with you.
- Electronic communications such as email and SMS to Finance 365 will only be deemed as received when we acknowledge receipt thereof or respond to such communications.
- Electronic communication as sent by Finance 365 to you will be deemed as received by you once the communication has been entered on our communication system and can be retrieved and processed by you.
11. General Information
- The headings provided in these Terms are merely for convenience and do not Impact their interpretation.
- In these Terms, unless explicitly stated otherwise, the singular form encompasses the plural, and any gender reference is inclusive of all genders. Additionally, any mention of a person includes corporations, partnerships, and other entities, and vice versa.
- The use of terms such as “includes” or “including” implies without limitation, and their usage does not restrict the meaning of broader terms.
- We are not responsible for delays or failures in providing our services or fulfilling obligations under these Terms if they result from circumstances beyond our reasonable control.
- Each provision within these Terms is separable; if any provision (or part thereof) is deemed illegal, invalid, or unenforceable in any jurisdiction, it will not affect the legality, validity, or enforceability of the remaining provisions. The provision in question will be applied with the necessary modifications to ensure legality, validity, and enforceability.
- Our failure or delay in enforcing any aspect of these Terms does not constitute a waiver of that or any other provision. You are not permitted to assign any of your rights or obligations under these Terms.
- These Terms, inclusive of our Privacy and Cookie Policy, constitute the entire agreement between you and us regarding their subject matter, as well as the use of our website and services. Save for instances of fraud, all prior agreements, understandings, representations, warranties, promises, and arrangements between you and us concerning the subject matter of these Terms or your use of our website or services are replaced, unless otherwise expressly stated in these Terms.
- You acknowledge that we may provide notices and other communications via email or posting on our website, which fulfills any legal requirement for written communication.
DATA USAGE AGREEMENT IN RESPECT OF FREE CONSUMER PAYMENT PROFILE REPORTS
Important contact information
| Company Name : | Hirodox (Pty)ltd t/a I-Bureau Services(I-bureau) |
| Company Registration Number: | 2016/210567/07 |
| Company Contact information: | (Tel) 087 654 5929 / (Email) support@ibureau.services |
| Registered address: | Building D, 375 Oberon Ave, Faerie Glen, Pretoria, 0081 |
| NCR Registration Number: | NCRCB43 |
Introduction to our offering
This agreement forms part of an agreement for the provision of Services (“Data usage Agreement”) undertaken between us, the RCB (IBureau) and you (the Consumer).
Our purpose is to assist consumers in educating them about their financial position.
We do so by providing a free consumer payment profile report inclusive of your credit score, marital status and title deed information to Consumers which is securely saved on your i-docs portal.
With your consent we would provide your report to our subscriber network, if you accepted the terms and conditions in the “Subscriber Agreement with Consumer” agreement. Important to note is no Consumer Payment Profile reports will be retrieved if all the terms and conditions were not consented to.
With your consent you provide us with a mandate to act as your appointed and Authorized agent and representative who can furthermore present to you products and services most suitable to your credit profile and score and will only do so if these services could be deemed valuable to you.
We do this by providing you with copies of your Payment Profile report obtained from a registered Credit Payment Profile Credit Bureau and offer these to our Subscriber partners responsible to analyse your report and provide you with feedback on (1) how to improve your credit score and (2) educate you on how to interpret your Consumer Payment Profile report.
1. Definitions
In this Data Usage Agreement the following words or phrases shall have the meanings as set out below:
1.1. “Act” means the National Credit Act, 34 of 2005 and any regulations made thereto (as amended from time to time);
1.2. “Consumer Credit Information” shall bear the meaning as set out in section 70(1)(a) – (d) of the Act, Regulation 18(6), and shall include the consumer information supplied as part of the Services as well as the meaning that has been assigned to it in terms hereof;
1.3. “Credit Regulatory Framework” means all legislation and law applicable to credit bureaux, credit providers, consumer credit information, consumer and personal information and contact ability information including the Act, Regulations and requirements of the Credit Bureau Association, Credit Ombud, the South African Credit
and Risk Reporting Association as well as the Protection of Personal Information Act and any other legislation that may be enacted in future;
1.4. “Intellectual Property” includes without limitation, all trademarks, service marks (whether registered or unregistered), copyright (including all copyright in and to the website and the database and all computer programmes associated therewith), patents, know-how, confidential information including methods, manuals, specifications, technical information and data relating to the Services application and to the Payment Profile Credit Bureau and other proprietary rights whether existing now or in the future throughout the world and specifically includes the scoring variables, scoring processes, and the look and feel, design and lay-out of the Reports;
1.5. “Payment Profile Credit Bureau” means the registered credit bureaux who are authorised by the NCR to retain Payment Profile Information and other Consumer Credit Information on its database, from whom we obtain our Consumer Credit Information for the purpose of on-selling it to you. This includes, but is not limited to TransUnion, Experian, XDS, CPB and VeriCred;
1.6. “Payment Profile Information” means the payment history and financial information relating to a debt or credit transaction, including relevant payment dates, both negative and positive information and/or signs depicting action taken in respect of such debt or credit transaction;
1.7. “Prescribed Purpose” means the specified purpose for which you are entitled to use the Consumer Credit Information as allowed for in Regulation 18(4), 23A and the Credit Regulatory Framework as well as the purpose for which you may use the Consumer Credit Information requested. Please refer to Schedule A for a list of the prescribed purposes supported by the RCB;
1.8. “RCB” means the Reseller Credit Bureau, which is Hirodox (Pty)ltd t/a Ibureau Services(hereafter named as Ibureau), a registered reseller credit bureau with the NCR with NCR registration number NCRCB43.
1.9. “Reports” is the credit report provided you in terms of the Services;
1.10. “Services” means the on-line service in terms of which Consumer Credit Information that has been collected from the Payment Profile Credit Bureaux is made available to you through various mediums, interfaces, applications or similar platforms relating to the credit worthiness of you as a consumer;
2. Your access to and use of the Consumer Credit Information
2.1 Data access and use.
2.1.1. The RCB and Subscribers will access and use the Consumer Credit Information only as permitted in terms of the Credit Regulatory Framework and with the consumer’s consent where required;
2.1.2. The RCB and Subscribers will comply with all legislation applicable to your business, specifically the Credit Regulatory Framework;
2.1.3. The RCB and Subscribers will use Consumer Credit Information for a Prescribed Purpose or such other purpose that may be permitted in terms of the Credit Regulatory Framework;
2.1.4. Prior to requesting and accessing Consumer Credit Information, including accessing the information for the purpose of risk assessment and sharing payment profiles with credit providers, the RCB and Subscribers will comply with the requirements of the Credit Regulatory Framework, specifically obtaining Consent from the Consumer as and when required;
2.1.5. The RCB and Subscribers ensure that you obtain the necessary Consent from the Consumer when required;
2.1.6. The Consumer agree to co-operate with us and the Payment Profile Credit Bureaux to assist us to meet the requirements of the Credit Regulatory Framework;
2.1.7. You agree and confirm our appointment as your Authorized Agent and Representative with a clear mandate on providing you with the following services:
2.1.7.1.After you registered with us on our subscriber system platform link provided(i- docs) by our Subscriber, you will capture your information on our link provided;
2.1.7.2 After you accepted the terms and conditions on our platform and link provided, the RCB will perform some verification tests and only after this were finalized will release your no obligation free Consumer Payment Profile report to you;
2.1.7.3 As your appointed agent you further provide us with a mandate to provide your information to an appointed third party subscriber which could contact you and provide some insights on your consumer payment profile information eg. how to improve your credit score with the objective to help improve your financial wellness.
2.1.7.4 As your appointed agent you also provide us with a mandate to introduce you to products and services offered by our partner subscribers which could be of value to you based on the information obtained from your Consumer Payment Profile report. Should any of our partner subscribers contact you after a 72h period from time of your initial Consumer Payment Profile report obtained and require your latest consumer payment information, it is specifically recorded that this subscriber will then obtain consent request a such a report and for a new prescribed purposes as per Annexure A of this agreement, this report will be obtained free of charge to you the Consumer and will be listed as a “Consumer Enquiry” on the Credit Bureaux systems. This prescribed purpose will not
jeopardize your credit score. Should a subscriber partner contact you within a 72h window, you hereby authorize us as your appointed agent to release your information with consent to the relevant subscriber party to assist you in educating you on your financial affairs and recommend suitable products. Important to note is that you are under no obligation to subscribe to any of our subscriber products and services and suggest that you familiarize yourself with their “Subscriber terms and conditions to Consumer agreement” accordingly before providing consent.
2.2 No re-selling. You will not on-sell any Consumer Credit Information to any third party.
2.3 Access to Payment Profile Information. Where the RCB or Subscriber is a person as set out in Regulation 18(7)(b) to (g) of the Act and require access to a Report containing Payment Profile Information, we hereby confirm that we comply with the Guideline issued to credit bureaux and credit providers in accordance with Regulation 19(13).
2.4 Data disputes. We are a registered RCB and a data subscriber of a Payment Profile Credit Bureau. Therefore, if any of the information contained in the credit report is incorrect, outdated or unfair, you may log a dispute with the Payment Profile Credit Bureau via their website or call centre, which information is provided on the credit report.
2.4.1. When you contact their call centre, you will be supplied with a reference number. You will be requested to submit certain documentation to verify your identity and in support of your dispute.
2.4.2. Allow 20 business days for the Payment Profile Credit Bureau to resolve your dispute or query. During this time, they will contact the supplier of the disputed data for further information and evidence relating to the data. The information being disputed will be removed from display during the 20-business day investigation period. If, at the end of this period, the Payment Profile Credit Bureau does not receive credible evidence from the supplier to support the data, the dispute will be resolved in your favour.
2.4.3. If you are dissatisfied with the outcome, please contact the Credit Ombud on either 086 166 2837, ombud@creditombud.org.za or at www.creditombud.org.za for further assistance, bearing in mind that their services are free to consumers. Remember to provide your dispute reference number in order for the Credit Ombud to assist you.
2.4.4. You may only also contact the National Credit Regulator on 087 234 7822 or complaints@ncr.org.za should you have any further complaints.
2.5. Completeness of data. We obtain the Consumer Credit Information from a Payment Profile Credit Bureau registered with the NCR and cannot and do not guarantee the accuracy or completeness of the Services and Consumer Credit Information. You accordingly acknowledge that you are responsible for the risk with respect to the quality and performance
and reliance that you place on the Consumer Credit Information and you shall further bear all risk in connection with your use of the Services.
2.6. Errors. The service may contain technical and typographic errors and you acknowledge that neither of us, our third-party suppliers or agents, nor the Payment Profile Credit Bureau shall be liable for any liability for errors or omissions with respect to the Services, regardless of the cause or the source of such error or omission.
2.7. Changes to content. You acknowledge and agree that as the Services are continually being amended and updated by us, we may from time to time, and in our sole discretion, change the content or the format of the Services and the location of delivery, to improve its operation and efficiency.
2.8. Security. We and the Payment Profile Credit Bureaux will utilise our best efforts to maintain the security of the database. You acknowledge and agree that no damages can be attributed to us or the Payment Profile Credit Bureaux by virtue of a breach of security on applications provided by us or them. The parties shall immediately bring to the attention of the other party any breach or attempted breach of security of which it becomes aware.
2.9.Services.It is your responsibility, at your own cost to maintain the data and telecommunications lines for purposes of receiving and accessing the Consumer Credit Information.
2.10. Data retention. You acknowledge and take notice that RCB are only allowed to retain the Consumer Credit Information on our servers and databases for a maximum of 72 hours, after which it will be deleted. Where available, we will be able to retain a reference number of the Report which can be requested again from the Payment Profile Credit Bureaux, which may incur additional costs. We therefore recommend, which recommendation you accept, that you download and retain the report on your own computer or similar device should you require to access the report again. Important to note is that your data which you have obtained with consent will be secured in your personal portal for you to access on the I-DOCS platform, a subscriber to the IBureau services.
2.11. Data transfers. You may only transfer Consumer Credit Information to persons who are authorised to receive, view and/or access your Consumer Credit Information. You are specifically prohibited from transferring the Consumer Credit Information to any unauthorised person. Should you abuse your access to the Consumer Credit Information we may immediately revoke your access to the Consumer Credit Information.
2.12. Compliance assessment.
2.12.1. We or our authorised representative, reserves the right to perform regular compliance assessments, pertaining to all Consumer Credit Information provided by us to you, on our systems, procedures and contracts in so far as compliance with the terms of this Agreement is concerned.
2.12.2 You warrant that all information supplied to us is to the best of your knowledge true and correct, that you are not aware of any other information that would affect the credit application of the consumer in any way and that you are authorised to accept this terms and conditions.
2.12.3 You acknowledge and will comply with the following information listed in this clause (2.12.3) and this Agreement:
That it is a requirement for the Consumer to provide consent prior to requesting a Consumer Credit Information report from Hirodox (Pty) ltd t/a iBureau, a registered NCR Credit Bureau with registration number NCRCB43;
That it is further a requirement in in terms of the National Credit Act to (1) verify the identity of the consumer and (2) obtain consent from the Consumer to obtain their Consumer Credit Information prior to requesting the information;
That the Consumer must further provide consent if it is required to verify their information at the Department of Home Affairs (HANIS);
That the Credit Check information will only be displayed to the Consumer and Subscriber only after some personal verifications tests were conducted (in the event that the Consumer cell phone number have not matched the number on the payment profile credit bureau used);
That the purpose of requesting the Consumer Credit Information was explained to the Consumer by the Subscriber who offered you as consumer this access to your consumer profile information which is free of charge to you and that you have read the “Subscribers terms and conditions with consumer” and consent clauses prior to you provided acceptance thereof within the terms and conditions section as displayed on the Subscribers link or portal provided to you.
The Prescribed purpose used when the Payment Profile Information is obtained by the Consumer directly will be in terms of sections 72(1)(b)(i) and (ii), and regulation 18(6)(d) of the National Credit Act” also referred to as a “Non-footprint enquiry” as same will be provided free of charge to the Consumer for educational purposes.
That you appointed us, the RCB as your authorized agent and representative with a mandate of providing you with a free no obligation Consumer Payment Profile report and furthermore introduce you to our Subscriber Partners which could contact you and educate you on aspects of your Consumer Profile Reports (such as how to improve your credit score) and introduce suitable products to you. You are under no obligation to subscriber to this products and services and will familiarize yourselves with the subscriber terms and conditions before you provide consent.
Once permission is obtained from you as consumer and provided to our Subscriber/s to assist with further analysis on the Payment Profile report, the prescribed purpose will change to that of a “Consumer Enquiry” as this enquiry will be conducted by the Subscriber.
That all consents provided (voice or written mandates in both hard copy or digital format) by the Consumer will be stored by the Subscriber for a period of 5 years from the date of the request and readily available once required by iBureau and / or the payment profile credit bureau;
3. Indemnity
3.1.1. You agree to protect, defend, indemnify and hold harmless us and all our subsidiaries, holding company, officers, employees, agents and representatives, including those of the Payment Profile Credit Bureaux against all actual or contingent liabilities, damage, losses, demands, legal proceedings, costs, fees, compensations, expenses and claims whatsoever arising out of, or resulting from, or in connection with claims by regulators, governmental authorities, or others for non-compliance by you of any legislations, regulation or code, provided that compliance was required in terms thereof.
3.1.2. Without limiting the aforegoing, you further indemnify and hold us and the Payment Profile Credit Bureau harmless from and against any damage, losses and liabilities howsoever suffered as a result of:
3.1.2.1. You breaching any obligations or warranties made by;
3.1.2.2. Any breach of the terms of this Data Usage Agreement by you, and specifically any contravention of the clauses pertaining to your access and use of the Consumer Credit Information; and
3.1.2.3. Release of the Consumer Credit Information to a third party.
3.2. You hereby indemnify us and/or the Payment Profile Credit Bureaux against any and all liability arising from:
3.2.1. The use and disclosure of Information procured from us and/or the Payment Profile Credit Bureaux;
3.2.2. Non-compliance of all and any applicable legislation or other requirements imposed by any statutory body, including the rules of the Credit Regulatory Framework;
3.2.3. The misuse or negligent use of the Consumer Credit Information procured from us and/or the Payment Profile Credit Bureaux outside of the Prescribed Purpose.
4. Intellectual Property Rights
4.1. The Parties agree that all Intellectual Property belonging to a party prior to entering into this Data Usage Agreement shall remain vested in that Party.
4.2. You expressly acknowledge that:
4.2.1. The Intellectual Property rights belong to us, the RCB or the Payment Profile Credit Bureaux and/or its licensors and agents and include any applications or renewals of such rights and are protected by intellectual property laws;
4.2.2. The compilation of such Intellectual Property is also the exclusive property of us or the Payment Profile Credit Bureaux and is likewise protected by South African and international copyright laws. The name of the Payment Profile Credit Bureau and the Payment Profile Credit Bureau’s logo are registered trademarks of the Payment Profile Credit Bureau and its affiliated
companies and may not be used in any manner without the Payment Profile Credit Bureau’s permission; and
4.2.3. The Intellectual Property rights remain the exclusive property of the RCB, Payment Profile Credit Bureau and nothing in this Agreement intends to transfer any intellectual property rights to you.
4.3. You accordingly agree to:
4.3.1. Take reasonable precautions to avoid unauthorised access to the deliverables or distribution of the Consumer Credit Information;
4.3.2. Protect the copyright and/or any other proprietary rights of us and the Payment Profile Credit Bureaux including, but not limited to, any contractual and common law rights during and after the term of this Data Usage Agreement;
4.3.3. Comply with all reasonable requests made by us or the Payment Profile Credit Bureaux to protect its rights and Intellectual Property; and
4.3.4. Not remove, alter, cover or obscure any confidentiality, trade secret, proprietary or other copyright notices, trademarks or other proprietary or identifying marks or designations from any component of deliverables, nor permit others to take any of the aforesaid actions.
5. Limitation of Liability
5.1. We, our shareholders, consultants and employees will not be liable for any damages sustained by you, including indirect, incidental, special, consequential or punitive damages. Without affecting the aforegoing, we shall not be liable, and hereby disclaim all liability for: 5.1.1. Any interruption, malfunction, downtime or other failure of the Services for whatever reason;
5.1.2. Any interruption, malfunction, downtime or other failure of the goods or services provided by third parties, including, without limitation, Telkom, Internet service providers, Eskom and other electricity suppliers or local authorities; or
5.1.3. An event of force majeure or any other event over which we have no direct control.
5.2. We shall not be liable, and hereby disclaim all liability for the accuracy of the Consumer Credit Information.
5.3. Nothing in this Data Usage Agreement shall be construed as us providing you or any third party with a guarantee against loss, liability, injury or damages. To the maximum extent permitted by applicable law we disclaim all other guarantees and conditions not expressly given.
5.4. Notwithstanding the provisions of this clause, if we are found to be liable to you for any amount, our liability shall not exceed those amounts paid by you to us, the RCB in terms of the Data Usage Agreement for the specific services during a period of 3 (three) months preceding the instance from which such liability arose.
6. Compliance
6.1. You shall, in connection with the use of the Consumer Credit Information, comply with all legislation, regulations, and other rules having equivalent force and which are applicable to it, including the Protection of Personal Information Act. To the extent that the information comprises of personal and/or confidential information specifically protected by any law, you warrant that you will not use or process that information in any manner that would have the effect of breaching the legal rights of the person to whom it relates. You agree to assist us and the Payment Profile Credit Bureaux with any investigations regarding adherence to the requirements of this Data Usage Agreement.
7. Service charges
Our services to provide you as Consumer with a free no obligation Consumer Payment Profile report is offered free of charge. Important to note is that we could charge fees or earn commission from external parties or subscribers from products introduced to you by which you consented to make use of.
8. General
8.1. You may not cede, assign, transfer, charge, or deal in any other manner with this Data Usage Agreement or any rights pertaining to or afforded in terms of this Data Usage Agreement.
8.2. If any other part of the Data Usage Agreement is found to be invalid or unenforceable by any court, such invalidity or unenforceability shall not affect this Data Usage Agreement and to the furthest extent possible, this Data Usage Agreement shall remain in full force and effect. The provisions of this Data Usage Agreement are severable from each other and should any part be held invalid or unenforceable, the remaining provisions shall continue to have effect.
8.3. If we or the Payment Profile Credit Bureaux fail to exercise a right or remedy that it has or which arises in relation to this Data Usage Agreement, such failure shall not prevent us or them from exercising that right or remedy subsequently in respect of that or any other incident. A waiver of any breach or provision of this Data Usage Agreement shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provision. Any waiver of a breach of any term of this Data Usage Agreement shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other
term of this Data Usage Agreement. Variations of this Data Usage Agreement shall not be effective unless recorded in writing and signed by the parties; bearing in mind that variations in electronic form shall not count as variations recorded in writing.
Schedule A
In terms of Section 70(2)(g) consumer credit information may only be reported for prescribed purposes or purposes contemplated in the Act or with consumer consent.
Prescribed or Contemplated Purpose: | Indicate if the purpose will be used | Consumer consent required | |
Sec 72(1)(b) | Enquiries by or on behalf of the Consumer – Paid personal credit report | X | Yes |
Reg 18(4)(a) | An investigation into fraud, corruption or theft, provided that the South African Police Service or any other statutory enforcement agency conducts such an investigation | No | |
Reg 18(4)(b) | Fraud detection and fraud prevention services, provided that any subscriber performing these services have been approved by the RCB | No | |
Reg 18(4)(c) | Considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances by an Employment Agency or Employer | Yes | |
Reg 18(4)(d) | An assessment of the debtors book of a business for the purposes of:
| No | |
Reg 18(4)(e) | Setting a limit of in respect of the supply of goods, services or utilities | Yes | |
Reg 18(4)(f) | Assessing an application for insurance by an Insurance Company | Yes | |
Reg 18(4)(g) | Verifying educational qualifications and employment by an Employment Agency or Employer | Yes | |
Reg 18(4)(h) | Obtaining consumer information to distribute unclaimed funds, including pension funds and | No | |
Prescribed or Contemplated Purpose: | Indicate if the purpose will be used | Consumer consent required | |
insurance claims by an Insurance Company or its Agent | |||
Reg 18(4)(i) | Tracing a consumer by a Credit Provider (or agent) in respect of a credit agreement entered into between the consumer and the Credit Provider. | No | |
Reg 18(4)(j) | Developing a credit scoring system by a Credit Provider or credit bureau | No | |
Sec 68(1)(b)(ii)(aa) Reg 18(6)(d) | As directed by the instruction of the consumer or prospective consumer | Yes | |
Reg 23A | Conducting an affordability assessment by a Credit Provider, excluding incidental Credit Providers and Education Institutions. | No | |
Reg 24(1)(b) (vii) | Application for debt review by Debt Counsellor | X | Yes |
Sec 134 | Alternative dispute resolution by Alternative Dispute Resolution Agent | Yes | |
Contemplated Purpose | Account management (For existing base, may be positive or negative e.g. credit worthiness assessment) ito a credit agreement by a Credit Provider, including incidental credit | Yes | |
Sec 81 | Assess the debt re-payment history of a consumer under his or her credit agreements | No | |
Sec 68(1)(b)(i) | Consumer credit information requested in terms of other national legislation by a person as stated therein | Dependent on legislation | |
