Terms of Use - TransUnion's website: mytransunion.co.za.

Welcome to the mytransunion.co.za website

Acceptance of the terms

The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
TransUnion reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site means that you agree and accept these amended terms and conditions. f you do not agree to any modifications of these terms and conditions, you must immediately stop using this site.

TransUnion's Personal Credit Report Privacy Policy

By accessing and using this Site, you are consenting to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Use of the Website

By accessing the website, you warrant and represent to TransUnion that you are legally entitled to do so. By subscribing for any of the service/s, you warrant and represent to TransUnion that you are legally authorised to subscribe for such service/s and have the requisite capacity to conclude legally binding transactions with TransUnion. You further warrant that you will not use the website, the service/s, or any information made available/sent to you by TransUnion pursuant to your use of the website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the terms.

TransUnion Business Credit Report Purchase acknowledgement

By purchasing the TransUnion Business Credit Report you acknowledge and agree that any principal information requested by you from TransUnion shall be used solely for the purposes of evaluating the business concerned or to the extent permitted or prescribed by the National Credit Act, if applicable to such business enquiries” such as factual check, rental check or risk assessment.

Disclaimer of Warranties and Liability

Neither TransUnion nor its suppliers makes warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided "as is". TransUnion does not make any warranty or representation that information and service/s advertised on the website are appropriate for use in any jurisdiction.

Use of this site, the content and the services are at your own risk. Neither TransUnion nor its suppliers make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site, the content or the services. TransUnion and/or its suppliers do not assume any responsibility for any errors, omissions or inaccuracies in the site, the content or the services.

Neither TransUnion nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the service/s and/or your reliance on any information offered via the website and service/s.

Without limiting the generality of the aforegoing, neither TransUnion nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website. You hereby indemnify TransUnion or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

Without limiting the generality of the aforegoing, TransUnion shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.
The content is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the site and, in any event, prior to making any financial decisions based on such content.

Application Process

To subscribe for the service/s, you must complete the online application form ("application form"). By using the services, you agree to be bound to TransUnion's Standard Subscriber Terms and Conditions. On receipt of your application form, TransUnion will takes such steps, as in its sole discretion it deems necessary, to evaluate your application and to verify whether, in completing the application form, you have provided TransUnion with complete and accurate information about yourself and your credit card information for payment; and insofar as you are requesting TransUnion to provide you with personal and/or business credit profiles, the information contained in the application form pertains to you personally. The application process will not be completed before you have been given the opportunity to review the entire transaction and correct any mistakes, or to withdraw from the transaction completely. By clicking on the "submit" button you are deemed to have submitted an offer to subscribe for the service/s selected ("order") and you will not thereafter be able to cancel the order unless TransUnion expressly agrees thereto. You understand that once you receive the information/data requested in your order, you will have no right to cancel the order or attempt to rely on a "cooling-off" period as the service/s will already have been rendered by TransUnion in terms of the agreement.

Payment

You agree to pay TransUnion the fees stipulated on the website as the price for the service/s ordered. You hereby authorise TransUnion to charge the payment for such fees to your credit card, using the credit card information provided in your application form, effective from the date of receipt of your order by TransUnion. You hereby agree that TransUnion will not be obliged to refund any payment made by you in this manner, nor shall you be entitled to reverse such payment, for any reason whatsoever, including your failure to pass TransUnion's verification processes.

Verification

You hereby agree that all orders and any other communications which purport to originate from you, or a person who had authority to act on your behalf in respect of such order or communication, or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to TransUnion electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by TransUnion and you will be bound by such communication with no liability of whatever nature attaching to TransUnion in regard thereto.

You waive any rights you may have or obtain against TransUnion arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that TransUnion acts on your orders or communications, or orders communications that purport to emanate from you and you indemnify TransUnion against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to emanate from you.

Confirmation of orders and conclusion of the transaction

By placing an order for service/s, you agree that TransUnion may deliver the information you ordered telephonically, by email, facsimile or SMS, using the contact information you provided in the application form. You hereby agree that TransUnion may before or after delivery send you electronic communications relating to your order and/or the service/s offered via the website from time to time, provided that you will be given the opportunity to cancel your subscription to TransUnion's mailing list at any time upon providing TransUnion with written notification to that effect.

Consumer Protection Information

In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following:

• full name and legal status : TransUnion (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;
• registration number: 1992/007124/07;
• place of registration : Johannesburg, South Africa;
• registered physical address : Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, South Africa;
• telephone number : (011) 214 6000;
• website address : mytransunion.co.za;
• email address : info@transunion.co.za;
• membership of codes of conduct : TransUnion subscribes to the Credit Bureau Code of Conduct, Credit Information Ombud Code of conduct and the Credit Providers Association Code of Conduct
• physical address for receipt of legal service of documents : Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, South Africa;
• description of the main characteristics of the service/s offered by TransUnion
• manner of payment : electronically by credit card, debit order;
• the terms of the agreement : the terms of the agreement between yourself and TransUnion is governed by these terms, the application form and TransUnion's Standard Subscriber Terms and Conditions. TransUnion makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to you or any part thereof
• time within which the service/s will be delivered : as soon as is reasonably possible after TransUnion accepts to comply with your order;
• return and refund policy : by nature of the service/s, no information provided to you by TransUnion may be returned, and no monies paid by you to TransUnion in respect of the service/s will be refunded to you, unless it is established to the satisfaction of TransUnion that the information provided to you was loaded incorrectly by TransUnion;
• security procedures and privacy policy of TransUnion in respect of payment, payment information and personal information : TransUnion utilises a payment system that is sufficiently secure with reference to accepted technological standards as at the date of these terms, given the type of transaction to be concluded between you and TransUnion.
• cooling-off period : in terms of section 42(2)(f)(iii) of ECTA, no cooling-off period applies in respect of any service/s ordered via the website, as the information ordered and delivered to you by TransUnion cannot, by its nature, be returned

Use of Information

TransUnion conducts its business in accordance with the consumer code for Credit Bureaus and considers it imperative to protect the privacy interests of consumers and consumers alike. Please see our detailed Privacy and Security Policy available on our website in this regard.

By accepting these terms and condition, you expressly acknowledge, agree and consent to TransUnion using your confidential information, for the following purposes, which specifically includes, but is not limited to:

• record, process and continuously maintain and update my information;
• create a new credit record;
• update an existing credit record;
• monitor and subsequently update the current and future credit activity on my records;
• create and maintain new products (viz. scoring and other statistical models);
• statistical analysis,
• validate and verify information on my credit record, at its (TransUnion) discretion, against any relevant source;
• distribute its (TransUnion) marketing material; and
• make my credit record available to its customers /subscribers, upon request, where the customer/subscriber fulfils the legal requirements, justifying such disclosure.
• by purchasing the TransUnion Business Credit Report you acknowledge and agree that any principal information requested by you from TransUnion Credit Bureau shall be used solely for the purposes of evaluating the business concerned or to the extent permitted or prescribed by the National Credit Act, if applicable to such business enquiries” such as factual check, rental check or risk assessment.

Copyright and Intellectual Property Rights

Copyright and Intellectual Property Rights in all materials, texts, drawings and data made available on the website (collectively "the materials") are owned by TransUnion, alternatively TransUnion is the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering service/s from TransUnion. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of TransUnion. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of TransUnion.

External links

External links may be provided for your convenience, but they are beyond the control of TransUnion and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of TransUnion.

Framing

No person, business or website may frame the site of TransUnion or any of the pages on this site in any way whatsoever.

Crawlers and Spiders

No person, business or website may use any technology to search and /or gain information from TransUnion's website without its prior written consent.

General

• The terms, the application form and TransUnion's Standard Subscriber Terms and Conditions constitute the sole record of the agreement between you and TransUnion in relation to the subject matter hereof. Neither you nor TransUnion shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and TransUnion in respect of the subject matter hereof. No indulgence or extension of time which either you or TransUnion may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
• TransUnion shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
• All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
• Should TransUnion be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as TransUnion is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then TransUnion shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
• These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.

Address for Service

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is:

Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, South Africa.

Telephone number: (011) 214 6000

No legal service shall be validly affected by email.

TransUnion shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.