TERMS OF USE 

IMPORTANT LEGAL NOTICE, PLEASE READ CAREFULLY: 

THE WEBSITE TERMS OF USE GOVERN YOUR ACCESS TO THIS WEBSITE AND YOUR USE OF ANY OF THE SERVICES PROVIDED THEREFROM. BY CONTINUING TO ACCESS THIS WEBSITE, YOU WARRANT THAT:

1. YOU HAVE READ THE TERMS AND CONDITIONS THAT APPEAR IN THIS DOCUMENT;
2. YOU UNDERSTAND THE RIGHTS AND OBLIGATIONS SET OUT IN THIS DOCUMENT;
3. YOU ARE DULY AUTHORISED TO ACT ON BEHALF OF THE LEGAL ENTITY YOU REPRESENT;
4. YOU, AND THE LEGAL ENTITY YOU REPRESENT, AGREE TO BE CONTRACTUALLY BOUND TO THE TERMS AND CONDITIONS THAT APPEAR IN THE LATEST VERSION OF THIS DOCUMENT WHICH COULD BE CHANGED AT ANY TIME. THIS DOCUMENT ALSO REPLACES ANY PRIOR AGREEMENTS ENTERED WITH YOUR PRACTISE AS PUBLISHED ON THIS WEBSITE AT THE TIME OF ACCESS BY YOU; AND  
5. YOU GRANT US THE RIGHTS SET FORTH IN THIS DOCUMENT.  

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS THAT APPEAR IN THIS DOCUMENT, YOUR ONLY RIGHT OR REMEDY IS TO DISCONTINUE ACCESSING THE WEBSITE AND/OR MAKING USE OF ANY OF THE SERVICES PROVIDED BY US.

“Authorisations” means all licenses, permits, or approvals of whatsoever nature required by you in terms of any regulatory provision to enable you to exercise your rights and fulfill your obligations under these Terms of Use.

“Our”, “Us”, or “We” means :

Company name:  

Intelento Trade 39 (Pty)ltd t/a Intelento Financial Services (hereafter referred to as “IFS” Reg. no: 2003/026368/07 Website : https://www.i-docssa.co.za/

and its holding company, subsidiaries, as well as subsidiaries of its holding company from time to time, as the case may be.

“Our staff” means any of our directors, employees, agents, contractors and/or consultants, as the case may be.

“Material” means the content, trademarks, copyrights, data, and other material, including but not limited to, information, files, folders, text, documents, graphics, logos, icons, hyperlinks and designs on our website.

“POPIA” means the Protection of Personal Information Act, 2013 (Act No.4 of 2013), and, to the extent applicable in the circumstances, shall include any other applicable regulatory provision.

“Regulatory provision” means, collectively, the prevailing laws, regulations, ordinances, directions, orders, decrees, policy directives and standards of the South African Government and any other competent authority, which in any way affect or apply to you, your access to the website and/or use of the services.

“Services” means any of the services provided by us via our website, web service and/or intermediary services (as defined in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)).

“The system” means I-DOCS; a web based multi-tenant CRM system with quoting capacities which you can utilize to load products and services which your practrise negotiated with your relevant product and services Suppliers respectively. 

“Terms of Use” means the contract we have with you, as recorded by the terms and conditions set out in this document.

“Transaction” means an electronic transaction and includes the provision and/or storage of information.

“Website” means, as indicated by the context, any of our websites listed above, as well as any other web pages under our control (and which may be linked by hyperlink to the home page or each other).

“You” and/or “Your” means you, the person (natural and/or legal) (Debt Counselling Company or Registered NCR Debt Counsellor) hereafter referred to as the “the DC” accessing our website and/or making use of the services, and includes the person you represent in any transaction when making use of the services.

Should any of the terms of these Terms of Use conflict with any of the terms contained in any other written agreement you may have concluded, by means of handwritten signatures or advanced electronic signatures, with us, then those terms, to the extent where there is a conflict, contained in the signed agreement shall prevail.

If you are a ‘consumer’ in terms of the Consumer Protection Act, 2008 (Act No. 68 of 2008) (CPA), you are entitled to the protections set out in the CPA. For example, as a consumer you are entitled to, among other things, the following protections:

1. no-fault liability being imposed on us in respect of any harm arising out of your use of the services or defects in the services;
2. a right to fair, just and reasonable terms and conditions;
3. a right to information in plain and understandable language;
4. provision of clear and conspicuous notice of any provisions in these Terms of Use that purport to limit our liability, constitute an assumption of risk by you, require you to indemnify us or be an acknowledgement of fact by you;
5. a prohibition in any agreement with us that includes terms that, among other things:

(i) directly or indirectly waive/deprive you of your CPA rights, avoid any of our duties under the CPA, set-aside or override the provisions of the CPA or otherwise authorise us to act against the CPA; 

(ii) limit or exempt our liability for any loss arising from our gross negligence (or constitute an assumption of liability for such loss by you; or  

(iii) impose an obligation on you to pay for damage to or assume risk.

TO THE EXTENT THAT YOU ARE A ‘CONSUMER’ UNDER THE CPA, THE APPLICABLE PROVISIONS OF

THE CPA GIVING EFFECT TO YOUR PROTECTIONS AS A CONSUMER SHALL APPLY TO, SUPPLEMENT

AND SUPERSEDE ANY CONFLICTING TERMS AND CONDITIONS RECORDED IN THESE TERMS OF USE.

You are and remain responsible for ensuring that you maintain the confidentiality and/or protection from compromise (e.g. lost, stolen, used wrongfully, or used by any other person) of any personal identification number (PASSWORD/PIN) and/or digital identity (e.g. digital certificate) that may be issued to you and used, amongst other things, to identify you to the website, and you shall be fully responsible for all activities that occur when the PIN /PASSCODES or digital identity, as the case may be, is used, with or without your knowledge.

The PIN/PASS code and/or digital identity shall be used on such terms and conditions as may be applicable from time to time, as may be published on the website. In particular, should you be using a digital certificate, you shall ensure you are familiar with, understand and are able to comply with the terms and conditions applicable to your use of the digital certificate.

UNDER NO CIRCUMSTANCES MAY YOU PERMIT OR OTHERWISE ALLOW ANY OTHER PERSON TO USE YOUR PIN CODE AND/OR DIGITAL IDENTITY.  

Only you are authorised to use the PIN/PASS code and/or digital identity issued to you. The use of your PIN/PASS code and/or digital identity by any other person compromises the integrity thereof, and requires such PIN/PASS code and/or digital identity to be revoked. FURTHER USE BY YOU OF A COMPROMISED PIN/PASS CODE AND/OR DIGITAL IDENTITY IS NOT PERMITTED, and you are required to apply to be reissued with a new PIN code and/or digital identity.  

YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY COMPROMISE, OR SUSPECTED COMPROMISE, OF

ANY PIN CODE AND/OR DIGITAL IDENTITY, AS THE CASE MAY BE, AND YOU INDEMNIFY US AGAINST ANY LOSS, DAMAGE, OR INJURY ARISING FROM YOUR FAILURE TO COMPLY HEREWITH.

We will perform the services selected by you with reasonable skill and care. You confirm that the scope of the services is sufficient for your requirements. You further acknowledge that your system and practise is setup based on your own practise preferences communicated and provided to us, and that you have a responsibility to validate these preferences as these inputs obtained from you will be used to formulate your budgets which include your custom budget plans requested, determine consumer affordability and create all your consumer application forms and other supporting documentation for the consumers to sign. 

IT IS AT ALL TIMES YOUR RESPONSIBILITY TO ENSURE YOUR SELECTION OF EACH SERVICE MADE

AVAILABLE FOR USE THROUGH OUR WEBSITE IS UP TO DATE AND IN ACCORDANCE WITH YOUR

REQUIREMENTS. YOU AGREE TO INFORM US TIMEOUSLY IN WRITING OF ANY CHANGES IN YOUR

REQUIREMENTS AND WHICH SERVICES ARE REQUIRED TO BE ADDED TO OR DELETED FROM YOUR

ACCOUNT. FAILURE TO DO SO WILL RENDER YOU LIABLE FOR THE CHARGES FOR SERVICES YOU ARE POTENTIALLY NO LONGER MAKING USE OF.

Certain of the services made available for use through our website may be governed by license terms that establish a separate binding contract with the respective licensor. You agree to indemnify us against any breach of these license terms by you. We give no warranty and make no representation, be it express or implied, as to the quality or fitness for purpose of such services, and any remedy you seek to enforce shall be governed by the license agreement with the licensor.

We have training agents available to visit your office for training, in all major centres as well as well as outlying areas as and when schedules allow. These agents will provide training on how to properly make use of our services, digital certificates and any related hardware and software. It is up to you to arrange with us to provide you with training, at a time suitable to both parties. You are also responsible for ensuring the attendance of your staff, including costs of travel and accommodation.

IT IS AT ALL TIMES YOUR RESPONSIBILITY TO ENSURE YOU ARE PROPERLY TRAINED AND THAT YOU

REMAIN ARE UP TO DATE ON HOW TO USE EACH SERVICE MADE AVAILABLE FOR USE THROUGH OUR

WEBSITE. SOME OF OUR SERVICES ARE COMPLICATED AND WHILST INITIALLY MAY APPEAR EASY TO USE, MISTAKES CAN BE MADE, SOME COSTLY.

IFS provides a Technical Support portal to assist with technical assistance required for the IDOCS system. The support desk will handle all queries pertaining to system related issues. All queries must be logged on the I-DOCS support portal via [email protected]. 

In making use of the services offered by us, you may, from time to time, copy, upload, download, or share any material that belongs to you, or to Consumers signed up by you. You retain full ownership of this material, and we don’t claim any ownership to it. You do however give us permission to do those things we deem necessary to be able to provide the services, which includes the choices we make to technically administer the services (e.g backing up and storing data). This permission also extends to our third-party service providers we work with to provide the services.

While using the services, you are, and at all times remain, solely responsible for:

1. your conduct;
2. the content of your material;
3. maintaining and backing up your material;
4. loss or corruption of any of your material;
5. your electronic communications;
6. what you copy, share, upload, download or otherwise use/share with others;

and you agree to indemnify, defend and hold us harmless against all legal costs, charges, loss or damage which we may sustain as a result of any of the aforesaid for which you are responsible whilst using our services.

You acknowledge and agree not to misuse our website. In this regard you may not, without limitation:

1. infringe the intellectual property rights, including copyright, of others;
2. copy, upload, download, or share any material unless you have the lawful right to do so;
3. probe, scan, or test the vulnerability of the website, including any of our other systems and/or networks;
4. breach or otherwise circumvent any security or authentication measures;         
5. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming or mailbombing any part of the services offered;
6. plant malware, spyware or otherwise use the services to distribute malware or spyware;
7. access or search the services by any means other than our publicly supported interfaces (for example, “scraping”);
8. send unsolicited communications, promotions or advertisements, or spam;
9. send altered, deceptive or false source identifying information, including “spoofing” or “phishing”;
10. publish anything that is fraudulent, misleading, or infringes another's rights;
11. promote or advertise products or services other than your own without appropriate authorisation;
12. impersonate or misrepresent your affiliation with any person or entity;
13. publish or share materials that is pornographic, obscene or indecent, or that advocate bigotry, religious, racial or ethnic discrimination;
14. violate any applicable regulatory provision in any way, or to violate the privacy of others, or to defame others.

9. FEES AND DEBIT ORDERS

For the services and/or related or integrated services, we reserve the right to implement and request payment for such services and you agree to pay the charges to you from time to time, free of conditions, setoff, bank exchange, commission or any other deduction to you, and you agree not to defer, adjust or withhold any such payment. Unless otherwise indicated, all charges communicated to you exclude VAT.

WE RESERVE THE RIGHT TO (i) CHARGE INTEREST AT THE MAXIMUM RATE PERMITTED BY LAW,

AND/OR (ii) SUSPEND THE PROVISION OF THE SERVICES, WITHOUT INCURRING ANY LIABILITY, IN THE

EVENT THAT YOU, FOR WHATEVER REASON, REFUSE, FAIL AND/OR NEGLECT TO MAKE ANY PAYMENT OF ANY AMOUNT INVOICED BY US IN TERMS HEREOF.

Where payment is made by debit order, it is at all times your responsibility to:

1. carefully check and confirm that your debit order details are correct and that any amounts debited by us from your account are consistent with the amounts reflected in the invoices and statements we have sent you; and
2. to notify us timeously in writing of any changes required to be made, or inconsistencies that need to be rectified.

Any request for a refund will be processed and investigated by us on a per request basis, having due regard to the nature of the services provided by us, your conduct in making use of the services and your compliance with these Terms of Use. Each request will be assessed by us on its merits.

Any request for a refund needs to be made in writing. Your request also needs to contain sufficient detail to enable us to properly investigate the merits of your claim for a refund.

Links or integrations to third party websites on/from our website are provided solely as a convenience to you. If you use these, links, you will leave our website and/or our secure environment. We have not reviewed any or all of these third-party websites and do not control and are not responsible for any of these websites or their content. Thus, we do not endorse nor make any representations about them, or any information, software or other services or materials found there, nor any results that may be obtained from using them. If you decide to access any of the third-party websites, you do so entirely at your own risk. Unless you have received our prior written permission, you shall not establish a hyperlink, frame, metatag, or similar reference, electronically or otherwise, to our website.

At all times, all right, title and interest in and to our materials remains vested in us (i.e. belong to us) and/or our licensors and/or suppliers, as the case may be, and are copyrighted and protected by regulatory provisions. These materials may not be copied, reproduced, modified, published, uploaded, posted to other websites or otherwise distributed in any way, without our prior written permission. Save as expressly provided for herein, we and/or our licensors and/or our suppliers do not grant any right to you to use or reproduce the materials. All our rights in this regard are and remain reserved.

IFS grants YOU a non-exclusive, non-transferable, license to use the System as a CRM system.

The terms of this Agreement are strictly confidential, and the Parties shall not disclose the details to any third party, other than for the purpose of providing services hereunder the present Agreement.  

Along with the details of the Agreement, either Party may disclose to the other Confidential Information about itself. Confidential Information, as used in this Agreement, shall mean any information or data which, (a) if in tangible form or other media that can be converted to readable form, is clearly marked as proprietary, confidential or private when disclosed; (b) if oral or visual, is identified as proprietary, confidential, or private at the time of disclosure; or (c) is of a nature or is disclosed under circumstances such that a reasonable person would consider it confidential.

A Disclosing Party's Confidential Information shall not include information that (i) is or becomes part of the public domain through no act or omission of a Receiving Party; (ii) was in the Receiving Party's lawful possession prior to the disclosure and had not been obtained by the Receiving Party from the Disclosing Party; (iii) is disclosed to the Receiving Party by a third party not known to the Receiving Party, following reasonable inquiry, to be subject to an obligation of nondisclosure with respect to such information; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

The Receiving Party agrees to hold in confidence and not to disclose or reveal to any person or entity the Disclosing Party's Confidential Information, and not to use the Disclosing Party's Confidential Information for any purpose other than in connection with the Parties' discussions regarding, and performance of, a Transaction. Without limiting the generality of the foregoing, the Receiving Party shall not disclose any Confidential Information of the Disclosing Party to any of the Receiving Party's employees or agents except those employees or agents who are required to have such Confidential Information to participate in the Parties' discussions regarding, or performance of, a Transaction, and who are under a written obligation of confidentiality or nondisclosure to Receiving Party. The Receiving Party agrees to take commercially reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees in breach of this Agreement, including but not limited to advising each permitted employee to whom Confidential Information is disclosed of his/her obligations regarding confidentiality and non-use of such information. The Receiving Party shall be fully responsible for any breach of this Agreement by its employees. The Receiving Party may disclose Confidential Information of the Disclosing Party if required by law or judicial, arbitral or governmental order or process, provided the Receiving Party gives the Disclosing Party prompt written notice of such requirement, reasonably co-operates (at the Disclosing Party's expense) with the Disclosing Party's efforts to obtain a protective order or other appropriate relief, and discloses only the Confidential Information required to be disclosed under such law, order or process.

The Receiving Party acknowledges and agrees that, due to the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this Agreement and that such breach would cause irreparable harm to the Disclosing Party. The Disclosing Party shall thus be entitled to seek immediate injunctive relief, in addition to whatever other remedies it might have at law or in equity, in the event of an actual or threatened breach of this Agreement by the Receiving Party.

When you make use of any of the services and/or send emails to us, you consent to receiving communications, including invoices, from us electronically, and agree that all agreements, notices disclosures, invoices and other communications sent to you by us satisfy any legal requirements including, but not limited to, a requirement that such communications should be “in writing”.

Each party may cancel the service by means of 30 calendar day’s written notice to the other Party. In the event of a Party ("the defaulting party") committing a breach and failing to remedy such breach within 7 Business Days after receipt of written notice from the other party ("the aggrieved party") to remedy, then the aggrieved Party shall be entitled, in its sole discretion and without prejudice to any of its other rights in law, either to claim specific performance or to cancel its services and without further notice claim and recover damages from the defaulting party. If IFS or any third-party supplier terminates due to a material breach by the DC, IFS or any third-party supplier shall, in addition to any other remedy it may have, be entitled to retain all monies already paid by the DC as a genuine estimate of liquidated damages. IFS or any third-party supplier may appropriate any payments made by or on the DC’s behalf to any indebtedness of whatsoever nature of the DC to IFS or any third-party supplier.

Any software made available on or through our website is governed by license terms that establish a binding contract with a licensor. YOU AGREE TO INDEMNIFY US AGAINST ANY BREACH OF THESE LICENSE TERMS. We give no warranty and make no representation, be it express or implied, as to the quality or fitness for purpose of the use of such software, and any remedy you seek to enforce shall be governed by the license agreement with the licensor.

This paragraph describes the principles governing our processing of personal data. It also records our compliance strategy regarding personal data.

The scope of this paragraph applies to all personal data processed in the course of our business, through our website and to all persons employed or engaged by us or by you, who process personal data.

We are committed to protecting and respecting the privacy of our data subjects in accordance with the local data protection laws applicable to the jurisdictions in which we operate. As such, we have chosen to adopt a global approach to data protection compliance. The relevant local laws with which we will comply are:

In applying the relevant data protection laws, we will ensure that we:

• enable data subject rights;
• adhere to our data protection obligations as controller or processor; and
• apply the data protection principles.

In terms of data subject rights, we will ensure that our data subjects can:

• know when and why we process their personal data;
• request access to their personal data that we process;
• rectify any personal data of theirs that is incorrect;
• erase their personal data from our systems, where required;
• restrict our processing of their personal data, where required;
• object to our processing of their personal data; transfer their personal data from us to another controller in a structured and accessible format;

In terms of our obligations as controller, we will ensure that we:

• implement appropriate and reasonable technical and organisational measures to protect personal data;
• control our processors through a written contract;
• keep records of our processing activities;
• cooperate with the relevant data protection authorities;
• conduct data protection impact assessments, where required;
• consult with the relevant data protection authorities, where required;

In terms of our obligations as processor, we will ensure that we:

• enter into a contract with the relevant controller;
• appoint subprocessors only with the controller’s written authorisation;
• process personal data only on the instructions of the controller;
• keep records of our processing activities done on behalf of the controller;
• inform the relevant data protection authorities of irregularities, where required;

In terms of the data protection principles, we will ensure that we process personal data:

• lawfully, fairly and transparently;
• only for a specific purpose that is explicit and legitimate;
• only as necessary for that purpose;
• accurately, and is kept up to date;
• for no longer than necessary to achieve the purpose; and
• securely.

We will appoint and maintain an Information Officer for this entity. The Information Officer is responsible for:

• promoting compliance with data protection law within the entity;
• ensuring awareness of data protection law within the entity;
• managing and responding to data subject access requests;
• managing and responding to data breaches or incidents;
• assisting the relevant data protection authorities with their investigations;
• developing, implementing and monitoring the compliance framework within the entity

The information officer is responsible for overseeing data protection at Intelento trade 39(Pty)ltd t/a Intelento Financial Services. They are responsible for ensuring that the policy is effective and relevant. Their contact information is: Gawie Riekert (ceo) [email protected].

IN TERMS OF POPIA, WHERE WE PROCESSES PERSONAL INFORMATION OF ANOTHER PERSON ON YOUR BEHALF, YOU AGREE THAT, IN THE CIRCUMSTANCES, YOU ARE THE RESPONSIBLE PARTY AND WE ARE THE OPERATOR; AND YOU WARRANT THAT:

1. THE OTHER PERSON, AS THE DATA SUBJECT, HAS CONSENTED TO US PROCESSING THE PERSONAL INFORMATION AS YOUR OPERATOR; AND / OR
2. OUR PROCESSING OF SUCH PERSONAL INFORMATION AS YOUR OPERATOR IS OTHERWISE LAWFUL IN TERMS OF SECTION 11(1) OF POPIA.

WHERE IT IS REQUIRED OF US TO PROCESS YOUR OWN PERSONAL INFORMATION, YOU CONSENT TO US DOING SO.

In order to secure the integrity and confidentiality of personal information in our possession or under our control, we will take appropriate, reasonable technical and organisational measures to prevent:

(i) loss of, damage to, or unauthorised destruction of personal information; and 

(ii) unlawful access to, or processing of personal information.

To give effect to the above, we will take reasonable measures to:  

1. identify all reasonably foreseeable internal and external risks to personal information in our possession or under our control;  
2. establish and maintain appropriate safeguards against the risks identified;  
3. regularly verify that the safeguards are effectively implemented; and  
4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

• In terms of the Protection of Personal information Act 4 of 2013 (POPIA) you confirm that you have been authorized to collect and store on I-DOCS the following information pertaining to each Consumer:
• Identifiable information, including, but not limited to the Consumer(s) ID Number; contact details, address and email address, as well as the Consumer Payment Profile report.
• Information pertaining to the Consumer(s) Employment details.
• Information pertaining to the Consumer(s) banking details (for the purpose of implementing Debit Orders on instruction from the Debt Counsellor and/ or to process payments which may become due to the Consumer from time to time)
• Information pertaining to all the Consumers’ Credit Agreements included in the Debt Review.
•  You confirm that you have ensured or will ensure to deliver a copy of the POPIA notice, as can be found In the Form 16 Pack, to the Consumer(s).

This notice informs the Consumer of the type of information to be obtained; processed and/or stored; it explains why the information is kept and it affords the Consumer the opportunity to make any objections if necessary.

You shall at your own risk and expense procure all authorisations that you may require to access the website and/or make use of the services. We do not make any representations, nor do we give any warranties or guarantees of any nature whatsoever in relation to any authorisations, including the granting thereof and whether required by us or any other third party. You agree to comply at all times with all authorisations and regulatory provisions, as well as the terms, standards and requirements prescribed by any regulatory provision or any competent authority which may be applicable from time to time in respect of the services. You agree to indemnify us against any breach of the aforesaid authorisations and regulatory provisions by you.

As a registered NCR Registrant and Responsible Party in terms of POPIA it is imperative you adhere to all the relevant conditions of registrations and relevant legislation applicable. You must obtain consent from consumer/s if so, required by law in line with the prescribed purpose selected.  

For ease of reference please find an extract of your Subscriber terms and conditions as they appear on the I-DOCS system.

• That it is a requirement for the user and/or the Debt Counselling firm to obtain consent from the Consumer prior to requesting a Consumer Credit Information report from XDS, Experian, or Hirodox (Pty) ltd t/a iBureau, all registered NCR Credit Bureaus; 
• 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 user 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 and will only be obtained for the relevant prescribed purpose namely “Consumer Enquiry”; 
• That the telephonic consent for the prescribed purpose was obtained prior to requesting the Consumer Credit Information and after the user have verified the Identity of the Consumer; 
• That all consents provided (voice or written mandates in both hard copy or digital format) by the Consumer must be stored by the Debt Counselling practise for a period of 5 years from the date of the request and readily available once required by XDS, Experian, iBureau or other payment profile credit bureau used; 
• That failure to provide XDS, Experian, iBureau or other payment profile credit bureau with the required mandates may lead to the suspension of services and could also lead to severe penalties and civil cases against the user and Debt Counselling practise if found to be noncompliant;

THE USE OF THIS WEBSITE, THE SERVICES, AND THE CONTENT CONTAINED THEREIN IS PROVIDED “AS

IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. WE DO NOT, EITHER EXPRESSLY OR

IMPLIEDLY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO YOUR USE OF

OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE AND ERRORFREE NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT YOUR USE OF OUR WEBSITE AND SERVICES REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT WE, OUR LICENSORS, OUR SUPPLIERS AND OUR STAFF WILL

HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF OUR WEBSITE OR THE

SERVICES, AS SET FORTH BELOW. UNDER NO CIRCUMSTANCES ARE WE, OUR LICENSORS, OUR

SUPPLIERS AND OUR STAFF LIABLE, WHETHER IN CONTRACT, WARRANTY, DELICT, VICARIOUS

LIABILITY OR ANY OTHER FORM OF LIABILITY WHATSOEVER, FOR ANY GENERAL, DIRECT, INDIRECT,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS

OF PROFITS, LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT

OF YOUR USE OR INABILITY TO USE OUR WEBSITE AND/OR THE SERVICES, EVEN IF WE, OUR

LICENSORS, OUR SUPPLIERS, AND OUR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS, DISSATISFACTION OR OTHER GRIEVANCE WITH OUR WEBSITE AND/OR THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.

These Terms of Use are governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings arising out of or relating to these Terms of Use will be subject to the jurisdiction of the South African courts.

IN THE EVENT WE NEED TO INSTRUCT ATTORNEYS TO PROTECT OR ENFORCE ANY OF OUR RIGHTS AGAINST YOU IN TERMS OF THESE TERMS OF USE, AND SHOULD WE BE AWARDED COSTS BY AN ARBITRATOR OR COURT, YOU AGREE YOU ARE RESPONSIBLE FOR AND UNDERTAKE TO REIMBURSE US SUCH COSTS ON AN “ATTORNEY-AND-OWN-CLIENT” BASIS, AS PER THE MANDATE BETWEEN US AND OUR ATTORNEYS.

Should any term herein be deemed invalid, void or unenforceable either in its entirety or in a particular application, such shall be severable, whilst the remainder of these Terms of Use shall nonetheless remain in full force and effect.  

We choose the following address where we will accept service of court papers or any other documents (i.e. our chosen domicilium citandi et executandi):

Physical address: Attention: the G. Riekert (ceo)

375 Oberon ave, Glenfield Building D, 1^st floor, Faerie Glen, Pretoria

Any failure or delay by us at any time to require performance of any of the terms hereof shall in no manner or time be construed as a waiver by us of our rights, nor shall such affect our rights at a later time to enforce the same.