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COMPUSCAN BUREAU TERMS AND CONDITIONS | MY CREDIT CHECK
The following Terms and Conditions are applicable to the use of our services and will form a legal agreement between yourself and Compuscan Information Technologies (“Compuscan”). Please note that some of these terms mean that you take on certain risks, indemnify Compuscan in certain instances, you agree to a limitation of Compuscan’s risk and that you acknowledge the existence of certain facts. These terms have been highlighted to draw your attention to them. If you do not agree to these terms, do not continue to make use of Compuscan’s services and do not accept these terms. If you do not understand the terms, please send an email to firstname.lastname@example.org for clarification and do not continue to accept the terms or make use of the service until you understand the impact of the terms and the effect of accepting them and entering into this agreement.
1. COMPUSCAN DETAILS
1.1 Compuscan is a registered credit bureau with the National Credit Regulator and our registration number is NCRCB6.
1.2 Compuscan’s company details are as follows:
1.3 Compuscan’s membership to industry associations’ codes of conduct
1.4 The agreement between you and Compuscan states that:
2. COMMENCEMENT AND DURATION
2.1 These terms will be in force once you access the Website or make use of the services offered by Compuscan and will remain in force for as long as you make use of the services, which can either be once-off (“once-off subscription”), for a period of 3 months, 6 months or 12 months (“term subscription”).
2.2 Aside from clause 2.1, in the event whereby you choose to make use of the term subscription offering, this agreement will continue for the specific period that you subscribe to the services, where after it will expire.
3. PAYMENT METHOD
Payment will be done according to your preferred method, which can be done by credit card, debit card or direct deposit (secure internet deposit).
4. NATIONAL CREDIT ACT
Compuscan is bound by the National Credit Act 34 of 2005 (the “Act”), specifically section 69, which states that consumer credit information and any other information may only be reported or released for the prescribed purposes as set out in the Act and its Regulations. Section 70(2) provides that all information received by a credit bureau has a right to confidential treatment. Any information that Compuscan is lawfully entitled to receive, compile, maintain and disclose shall be done so in accordance with the provisions of the Act and the Regulations and such other relevant laws.
5.1 By accepting these Terms and Conditions, you expressly acknowledge, agree and consent to Compuscan using the confidential information that you provide to us for the purpose of delivering our services to you and to update and verify your information stored on our database, and we undertake that we will use that information only in accordance with the law. You specifically agree that we may:
5.2 You acknowledge that we will share your information with our subscribers, as allowed for in the National Credit Act. Our subscribers include credit providers, telecommunications providers, insurance companies and call centres.
6. YOUR ACCESS TO THE SERVICES
6.1 Access to the My Credit Check website (“the Website”) is limited to your own personal use and you agree that you will not use it for any commercial purposes without the prior written consent of Compuscan. Your access to the Website is limited to browsing the content of the Website and accesses the services and products that Compuscan makes available to you.
6.2 It is your responsibility to ensure that the information you supply to us is true, accurate and free from viruses and harmful code.
6.3 The information being supplied to you via the services and products may only be used to monitor and manage your credit profile and prevent identity fraud.
7.1 Access to the services/products will be granted after you have registered on the Website, passed the identity verification process and logged in, using your unique login details supplied to you, which will include a One Time Pin that you need to change.
8.1 Compuscan is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to limit the risk and prevent unauthorized access, use or disclosure of your information. For example, we store the personal information we collect on computer systems with located at facilities with access control. When we transmit highly confidential information over the internet, we protect it through encryption.
8.2 You agree to respond to Compuscan’s reasonable requests relating to data security and confidentiality.
8.3 The information on your credit report is confidential and we recommend that you do not share your login details with any third party. If you suspect that a third party obtained your login details, you should contact Compuscan immediately. We will not take responsibility in the case of unauthorised access to your login details or unauthorised activity on the Website as a result of your login details becoming known by someone else, unless this is due to our negligence.
8.4 It is your responsibility to keep your login details confidential. If you are sharing a computer with anyone you should always log out before leaving the Website to protect access to your information from subsequent users.
8.5 Compuscan may record telephone calls between yourself and Compuscan for various purposes, which includes compliance, training, audit, the prevention of fraud and corruption and to monitor quality.
9.1 We value our clients privacy and we aim to comply with the relevant provisions data privacy and consumer laws of South African law, including the National Credit Act, the Consumer Protection Act, Electronic Communications and Transactions Act and once in effect, the Protection of Personal Information Act.
10 REFUND POLICY
The products and services supplied to you by Compuscan are information-based and of such a nature that it cannot be returned. If the services and products supplied to you by Compuscan are incorrect, Compuscan agrees to refund monies paid by you to Compuscan, if Compuscan negligently loaded the information incorrectly. Should you be entitled to a refund for any reason, such refund shall be done using the same payment method in which your payment was made.
11.1 You may terminate your access to the services/product by giving Compuscan 1 (one) months’ notice by sending an email to email@example.com or a fax to 021 413 2424. 11.1 You may terminate your access to the services/product by giving Compuscan 1 (one) months’ notice by sending an email to firstname.lastname@example.org or a fax to 021 413 2424.
11.2 Compuscan may terminate or suspend your access to login areas of the Website after giving you 20 (twenty) days’ notice if, in our view, you failed to comply with this agreement (for example failing to pay your subscription fee, abusing data, sharing your login details etc.).
12 OUR INTELLECTUAL PROPERTY RIGHTS
You expressly acknowledge that the:
12.1 intellectual property rights shall include all underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques, source code, input and output data formats and structures pertaining to the services, interfaces, or applications and include any applications or renewals of such rights, and are protected by intellectual property laws;
12.2 services was compiled, prepared, revised, selected and arranged by Compuscan through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and therefore constitute valuable intellectual property rights and trade secrets of Compuscan. You accordingly agree to take reasonable precautions to avoid unauthorised access to the services or distribution of the data. You agree to protect the copyright and/or any other proprietary rights of Compuscan in the services, database and the data, including, but not limited to, any contractual and common law rights during and after the term of this agreement. You shall comply with all reasonable requests made by Compuscan to protect its rights in and to the services, database and data. You shall not, nor permit others to 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 the services, database or the data;
12.3 compilation of such intellectual property is also the exclusive property of Compuscan, and is likewise protected by South African and international copyright laws. The name "Compuscan" and the Compuscan logo are registered trademarks of Compuscan and its affiliated companies and may not be used in any manner without Compuscan’s permission;
12.4 you may not, without Compuscan’s prior written permission, use any of Compuscan’s other intellectual property for any purposes other than using the services. The intellectual property rights remain the exclusive property of Compuscan and nothing herein intends to transfer any intellectual property rights to you other than granting the licenses as described herein.
13 NO REPRESENTATIONS OR WARRANTIES AND LIMITATION OF LIABILITIES
13.1 Compuscan will take all reasonable steps possible to ensure that the services will be available, error free, accurate, complete, reliable and secure, this however cannot be guaranteed. We also cannot guarantee that the Website and services will be available 24 hours a day, 7 days a week, 365 days a year. When and if required, we may at our discretion, discontinue or modify any part of the Website, services or products. As far as possible, we will ensure that any such discontinuation or modification does not affect the nature of the services or products provided to you in any substantial way.
13.2 It may be necessary for Compuscan to temporarily suspend access to the Website and services due to, for example, maintenance and repairs, in which event Compuscan shall try its best to ensure that the impact on you is minimal.
13.3 Access to the services, Website and the database is provided “as is” and Compuscan does not give any warranties with regard to the compatibility of the website with your hardware (e.g. tablet or other mobile device) and software.
13.4 Compuscan uses reasonable care and skill obtaining the information from allowed third party data providers, which may include credit providers, providers of services and utilities (for cash or credit – for example Telkom), insurance providers, courts and public registries (for example the deeds office). We are however dependant on them to ensure the accuracy and completeness of the data and we can therefore not guarantee that any of the information supplied to you is correct, accurate, complete, error free or up to date. We cannot be held responsible if any of the information supplied to you is not correct, accurate, complete, error free or up to date.
13.5 The information provided by Compuscan to you in connection with the Website, services or products (including but not limited to our email or sms alerts) is provided for general purposes only and shall not deemed to constitute financial, legal or other advice. We recommend that you obtain independent professional advice where it is required.
13.6 We do not take responsibility for any losses suffered due to any events beyond our reasonable control or that were not directly caused by our actions (or our failure to act).
13.7 Unless we have been negligent, we are not responsible for any damage caused to any hardware or software used to access, use or download the services or products.
13.8 The services and products are provided to you in your capacity as consumer for your own personal use and we shall not be held liable for any business losses that you or a third party may suffer. We do not take responsibility for losses suffered under any contract between you and a third party, through which your access to the services or products and/or any website is arranged or paid for. Our liability towards you shall not include the following business losses that you may incur: lost business data, lost profits, lost earnings, loss of an opportunity to make profit or reduce debt, business interruption or reduction in the value of an asset.
13.9 We cannot be held responsible should your use of the website or our services not have one or more specific outcomes that you may have expected.
13.10 Compuscan shall exercise reasonable care when rendering the services. Nothing in this Agreement shall be construed as Compuscan providing you or any third party with a guarantee against loss, liability, injury or damages. To the maximum extent permitted by applicable law Compuscan disclaims all other guarantees and conditions not expressly given.
13.11 Notwithstanding the provisions of this clause, in the event that Compuscan is found to be liable to you for any amount, then Compuscan’s liability shall not exceed those amounts paid by you to Compuscan, in terms of the Agreement, for that specific service or product during a period of 3 (three) months before the instance from which such liability arose.
13.12 Nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or personal injury caused by our negligence; (b) our fraud; (c) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability; or (d) our duties or liability under the Consumer Protection Act 68 of 2008.
Should you believe any information on your report be incorrect or outdated, please contact email@example.com. The team will investigate your query and ensure that your credit profile is updated should the information be incorrect. This will be done free of charge.
15.1 Feel free to contact firstname.lastname@example.org if you need to lodge a complaint about our services or products.
16 CHANGES TO TERMS
16.1 Due to changes in our service offering, the products, our engagements with third party service providers or changes in law, Compuscan may be required to amend these Terms and Conditions. The latest version of these Terms and Conditions will apply when you make use of the services or log on to the Website. We recommend that you review these terms regularly and that you make sure that you are familiar with the latest version, as indicated in this document. It will be your responsibility to make sure that you familiarise yourself with the amended Terms and Conditions.
17.1 None of the rights granted to you under these Terms and Conditions may be transferred to a third party without Compuscan’s written consent.
17.2 You must not create hypertext links to the Website without our prior written permission.
17.3 All communications between us will be in the English language and formal notices that we need to send to you will be sent to the most recent e-mail address or postal address provided to us by you when you subscribe or access the website.
18 COMPUSCAN WEBSITE TERMS AND CONDITIONS