CREDIT DOCTOR TERMS AND CONDITIONS: MY CREDIT CHECKS
The following Terms and Conditions are applicable to the use of our services and will form a legal agreement between yourself and Credit Doctor (Pty) Ltd (Credit Doctor). Please note that some of these terms mean that you take on certain risks, indemnify Credit Doctor in certain instances, you agree to a limitation of Credit Doctor’s risk and that you acknowledge the existence of certain facts. There 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 Credit Doctor’s services and do not accept these terms. If you do not understand the terms please send an email to info@creditdoctor.co.za 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 effect of accepting them and entering into this agreement.
1 CREDIT DOCTOR DETAILS
1.1 Credit Doctor’s company details are as follows
– Registration number: 2014/239412/07
– Place of registration: Pretoria, South Africa
– Physical address and address for legal notices: 482 Krause Street, Kyalami, GP
– Telephone number: 011 100 5189
– Fax number: 082 229 4087
– Email: info@creditdoctor.co.za
– Main business: credit bureau clearance
1.2 The agreement between you and Credit Doctor states that:
PAYMENT WILL BE DONE ACCORDING TO YOUR PREFERRED METHOD WHICH CAN BE DONE BY CREDIT CARD, DEBIT CARD OR DEBIT ORDER
SERVICES WILL BE DELIVERED AS SOON AS REASONABLY POSSIBLE AFTER CREDIT DOCTOR PROCESSED THE PAYMENT AND ACCEPTS THE ORDER
FREQUENCY OF SERVICES WILL EITHER BE AS HOC OR PER TERMS (3 MONTHS, 6 MONTHS OR CONTINUALLY). IF YOU ELECT THE TERM OPTION, THE AGREEMENT WILL TERMINATE AFTER THE TERM AND YOU THEN NEED TO RENEW THE AGREEMENT
BECAUSE THE PRODUCTS/SERVICE SUPPLIED BY CREDIT DOCTOR IS INFORMATION-BASED AND CANNOT BE RETURNED, NO COOLING- OFF PERIOD (AS PROVIDED FOR IN SECTION 42(2)(F)(III) OF ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO 25 OF 2002) APPLIES
2 COMMENCEMENT AND DURATION
2.1 These terms will be in force once you access the Website or make use the services offered by Credit Doctor 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 3 months, 6 months or continually ( term subscription”).
2.2 aside from clause 2.1, in the event whereby you choose to make use of the terms 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, debit order system.
4 NATIONAL CREDIT ACT
Credit Doctor is not a credit bureau as provided for in the National Credit Act 34 of 2005 (the Act), but is subject to the provision contained therein specifically in relation to 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.
5 YOUR ACCESS TO THE SERVICE
5.1 Access to the Credit Doctor 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 Credit Doctor. Your access to website is limited to browsing the content of the website and accesses the services and products that Credit Doctor makes available to you.
5.2 It is your responsibility to ensure that the information you supply to us is true, accurate and free viruses and harmful code.
5.3 The information being supplied to you via the services and products may be only be used to monitor and manage your credit profile and prevent identity fraud
6 APPLICATION
6.1 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.
7 SECURITY
7.1 Credit Doctor 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.
7.2 You agree to respond to Credit Doctor’s requests relating to data security and confidentiality.
7.3 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 our login details, you should contact Credit Doctor immediately. We will not take responsibility in the case of unauthorised access to your login details or unauthorised activities on the website as a result of your login details becoming known by someone else, unless this is due to our negligence.
7.4 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.
7.5 Credit Doctor may record telephone calls between yourself and Credit Doctor may record telephone calls between yourself and Credit Doctor for various purposes, which includes compliance, training audit, and the prevention of fraud and corruption and to monitor quality.
8 CONFIDENTIALITY
8.1 We value our client’s privacy and we aim to comply with the relevant provisions relating to data privacy and consumer laws of South Africa law, including the National Credit Act, the Consumer Protection of Personal Information Act.
9 REFUND POLICY
The products and services supplied to you by Credit Doctor are information based and of such a nature that it cannot be returned.
10 TERMINATION
10.1 You may terminate your access to the service/product by giving Credit Doctor 1 (one) months’ notice by sending an email to info@creditdoctor.co.za or fax to 082 229 4087 .
10.2 Credit Doctor 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.)
11 OUR INTELLECTUAL PROPERTY RIGHTS
You expressly acknowledge that the:
12.1 You may not, without Credit Doctor’s prior written permission, use any of Credit Doctor’s intellectual property for any purposes other than using the services, the intellectual property of Credit Doctor and nothing herein intends to transfer any intellectual property rights to you other than granting the licenses as described herein.
12 NO REPRESENTATIONS OR WARRANTIES AND LIMITATION OF LIABILITIES
12.1 Credit Doctor will take all reasonable steps possible to ensure that the service 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 for 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 product to you in any substantial way.
12.2 It may be necessary for Credit Doctor to temporarily suspend access to the website and services due to, for example, maintenance and repairs, in which event Credit Doctor shall try its best to ensure that the impact on you is minimal.
12.3 Access to the services, website and the database is provided as is” and Credit Doctor does not give any warranties with regard to the compatibility of the website with hardware (e.g. tablet or other mobile device) and software.
12.4 Credit Doctor obtains the data provided to you from a registered credit bureau. We are however dependants on them to ensure the accurate and completeness of the data and we can therefore not guarantee that any of the information 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.
12.5 The information provided by Credit Doctor 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.
12.6 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).
12.7 Unless we have been negligent, we do not take responsibility for any damage caused to any hardware or software used to access, use or downloaded the services or product
12.8 The service 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 service 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 or reduction in the value of an asset.
12.9 We cannot be held responsible should your use of the website or service not have one or more specific outcomes that you may have expected.
12.10 Credit Doctor shall exercise reasonable when rendering the service, nothing in this agreement shall be construed as Credit Doctor providing you or any third party with guarantee against loss, liability, injury or damages. To the maximum extent permitted by applicable law credit doctor disclaims all other guarantees and conditions not expressly given.
12.11 Notwithstanding the provisions of this clause, in the event that Credit Doctor is found to be liable to you for any amount, them Credit Doctor’s liability shall not exceed those amounts paid by you to Credit Doctor, in terms of the Agreement, for that specific service or product during a period a person of 3 (three) months before the instance from which such liability arose.
12.12 Nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or person injury caused injury caused by our negligence; (b)our fraud; (c) any other matter which it would be illegal for us to excludes or limit or attempt or exclude or limit our liability; or (d) our duties or liability under the Consumer Protection Act of 2008.
13 DISPUTES
Should you believe any information on your report be incorrect or outdated, please contact info@creditdoctor.co.za 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.
14 COMPLAINTS
14.1 I feel free to contact info@creditdoctor.co.za if you need to lodge a complaint about our service or product.
15 CHANGES TO TERMS
15.1 Due to changes in our service offering, the products, our engagements with third party service providers or changes in law, Credit doctor 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 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.
16 OTHER
16.1 None of the rights granted to you under these Terms and Conditions may be transferred to a third party without Credit Doctor’s written consent.
16.2 You must not create hypertext links to the website without our prior written permission
16.3 All communications between us will be English language and formal notices that we need to send to you will be sent to the most recent email address or postal address provided to us by you when you subscribe or access the website.
17 CREDIT DOCTOR WEBSITE TERMS AND CONDITIONS
17.1 The Credit Doctor website Terms and Condition and Privacy Policy will apply if you access Credit Doctor’s website.