The subscriber warrants that:
- In terms of Section 68 of the National Credit Act ( the “Act”), there are certain
rights and obligations imposed upon credit bureaux to ensure that consumer credit
information and any other information is reported or released for the purposes prescribed
by the Regulations published in terms of the Act or contemplated in the Act. The
Act creates a right to confidential treatment of any confidential information received,
compiled, retained and /or disclosed in accordance with the Act. The warranties
set out in this 1, inter alia, outline strict measures imposed by the Act and Regulations
which all subscribers are required to accept in order to access TransUnion, XDS,
Compuscan and Experian Credit Bureau’s (“TransUnion, XDS, Compuscan and Experian”)
- You warrant that:
- You are entitled to request and receive consumer credit information for lawful purposes,
subject to Section 68 of the National Credit Act (NCA) read with Regulations 18(4)
and 18(5), and for any other purpose that TransUnion, XDS, Compuscan and Experian
is lawfully entitled to disclose the consumer credit information held by it to you.
- You will at all times comply with the requirements for the receipt, compilation
and reporting of information as prescribed by the NCA and any other legislation.
- You shall, when using the services of TransUnion, XDS, Compuscan and Experian, have
obtained all consents required by the Act.
- You will give your customers/consumers 20 business days’ notice of your intention
to submit adverse consumer credit information in respect of the customers/consumers
to TransUnion, XDS, Compuscan and Experian.
- You have taken reasonable steps to ensure that the information which you report
to TransUnion, XDS, Compuscan and Experian is accurate, up-to-date, relevant, complete,
valid and not duplicated.
- You will not submit consumer credit information in respect of a debt that has prescribed
in terms of the Prescription Act 68 or 1969, to TransUnion, XDS, Compuscan and Experian.
- You do not and will not (unless lawfully entitled to do so) take an upfront fee
to remove or clear a person’s name from the records of a credit bureau.
- Any adverse consumer credit information submitted by you to TransUnion, XDS, Compuscan
and Experian does not form part of any dispute between you and your customer/consumer.
- You shall not (and only where it is necessary) without the consent of the consumer
transmit Personal Information in respect of the consumer to TransUnion, XDS, Compuscan
and Experian; and that TransUnion, XDS, Compuscan and Experian Credit Bureau may
share such information with other registered credit providers and its customers
for the purposes required or permitted by the Act.
- Any information conveyed by you to TransUnion, XDS, Compuscan and Experian may be
used by TransUnion, XDS, Compuscan and Experian in the normal course of its business
as a registered credit bureau and may be accessed and used by other credit providers
and customers of TransUnion, XDS, Compuscan and Experian.
- All users accessing the services of TransUnion, XDS, Compuscan and Experian on your
behalf have been duly authorized to do so by you.
- You are aware that the Act imposes civil and criminal penalties, including fines
and imprisonment against anyone who knowingly and willfully reports or obtains confidential
information and/or consumer credit information on a consumer from a credit bureau
under false pretenses and for purposes not permitted or contemplated by the Act.
- By requesting principal information when performing business enquiries with TransUnion,
XDS, Compuscan and Experian you acknowledge and agree that the principal information
will be used for business evaluation purposes only. You are aware that if you use
the principal information for any other reason you shall be in contravention of
the Act. You confirm that you are aware that contravening the Act may be an offence
under the Act.
- Unless otherwise agreed in writing, TransUnion, XDS, Compuscan and Experian reserves
the right and shall be entitled to modify, suspend or discontinue the electronic
accessing system, any electronic platform or web-based or other electronic service
delivery mechanism (collectively “access systems”), whether temporarily or permanently,
without notice to you. TransUnion, XDS, Compuscan and Experian may impose limited
or conditions on access to the access systems, services, features or functions.
- TransUnion, XDS, Compuscan and Experian shall be entitled to intercept, block, filter,
read, delete, disclose and use all communications sent or posted by you to or through
the access systems.
- You may only access and use the access systems or any of the information or materials
provided to you through or by virtue of the access systems, in a lawful manner and
for lawful purposes.
- You may not establish a hyperlink, frame, metatag or similar reference, whether
electronically or otherwise, to the access systems or any subsidiary pages of the
access systems nor may you use any of the information acquired by you through or
by virtue of the access systems for purposes of electronic clipping.
- You undertake not to exploit or use the access systems in any unlawful manner or
in a manner that violates any agreement which you may have concluded with TransUnion,
XDS, Compuscan and Experian.
- You may not do anything to compromise the stability or security of the access systems
including, inter alia, by delivering, sending or installing damaging code (including
computer viruses) to or on the access systems or the server or network that supports
the access systems. If you breach the provisions of this you will, in addition to
any criminal prosecution, be liable for all loss, liability, damages and expenses
suffered by TransUnion, XDS, Compuscan and Experian as a result of or arising from
such breach and you indemnify TransUnion, XDS, Compuscan and Experian against such
loss, liability, damages and expenses.