Website terms of use

Important

These terms of use of the website and service rule your access to this website and your use of the service. By continuing to use this website and service, you are confirming 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 bound by the terms and conditions appearing in the newest version of this document as published on this site at the time that you access the site.
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 not make use of this site and service.

1. Definitions

“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 fulfil your obligations under these Terms of Use.

“our”, “us”, or “we” means: company name: Stephan Pretorius T/A PREMVEST website: www.nctdchelp.co.za

"our personnel" 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, and designs on our website.

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

“service” means the services provided by us through this website.

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

“website” means www.nctdchelp.co.za

“You” and/or “your” means you, the person (natural and/or legal) accessing the website and/or making use of the service, and includes the person you represent when making use of the service.

2. Passwords

You are and remain responsible for ensuring that you maintain the confidentiality and/or protection against compromise (e.g., lost, stolen, misused or used by any other person) of any personal identification number PASSWORD which is issued to you and is used, among other things, to identify you on the website. You will be fully responsible for all activities that occur when the PASSWORD is used, with or without your knowledge.

The PASSWORD will be used according to the terms and conditions that may apply from time to time, which may be published on the website.

You may, under no circumstances, authorize or otherwise allow any other person to use your PASSWORD. Only you are authorized to use the PASSWORD issued to you. You are allowed to create sub users for your staff members and to allocate a PASSWORD to each sub user. The same terms as contained in this document will apply to each sub user. You take full responsibility for all actions of any sub user as if the actions performed by them were performed by you. The use of your PASSWORD by any other person compromises its integrity and requires that such PASSWORD be revoked. Continued use of a compromised PASSWORD is prohibited, and you are required to apply to be reissued with a new PASSWORD.

You agree to notify us immediately of any compromise or alleged/suspected compromise of any PASSWORD and you indemnify us against any loss, damage or injury arising from your failure to comply herewith.

3. Material uploaded by you to our website

By using our service, you may from time-to-time copy, upload, download or share material belonging to you, or to Consumers registered by you. You retain full ownership of this material, and we claim no ownership of it.

3.1 However, you do give us permission to do whatever we deem necessary to be able to provide the service, which includes the choices we make to technically administer the service (e.g., backup and storage of data). This permission also extends to any third-party service provider with whom we may work to provide the service.

3.2 In terms of the Protection of Personal Information Act 4 of 2013 (POPIA), you confirm that you are authorized to collect and share on the website the following information in relation to each Consumer:

3.2.1 Identifiable information, including but not limited to the Consumer(s) ID number; contact details; address and email address.

3.2.2 Information in relation to all the Consumers’ Credit Agreements included in the Debt Review.

4. Acceptable use of this website

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

4.1.1 copy, upload, download, or share any material unless you have the lawful right to do so;

4.1.2 investigate, scan, or test the vulnerability of the website;

4.1.3 breach or otherwise bypass any security or authentication measures;

4.1.4 interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail bombing any part of the services offered;

4.1.5 plant malware, spyware or otherwise use the Services to distribute malware or spyware;

4.1.6 access or browse the services through any means other than our supported interfaces;

4.1.7 send unsolicited communications, promotions or advertisements, or spam;

4.1.8 send altered, deceptive/fraudulent or false source identifying information, including “spoofing” or “phishing”;

4.1.9 upload/capture anything that is fraudulent, misleading, or infringes another's rights;

4.1.10 impersonate or misrepresent your connection with any person or entity;

4.1.11 upload/capture material that is pornographic, obscene or indecent, or that promotes bigotry, racial, ethnic or religious hatred.

5. Fees

We reserve the right to implement and request payment for the services offered on the website and you agree to pay the charges as set out and published on our website and/or communicated to you from time to time, free of conditions. All charges communicated to you exclude VAT.

5.1 You accept that we will only accept prepayment.

5.2 You accept that you will only be able to load an application once your payment successfully reflects.

5.3 You accept that we will not allow the processing of any data enquiry, or request should your account reflect insufficient funds.

5.4 You accept that unused prepaid funds will not be refundable, but will remain credited to your account.

6. Intellectual property rights

All rights, title and interest in and to our material vests with us at all times (i.e. belongs to us) and are copyrighted and protected by regulatory provisions.

This material may not be copied, reproduced, modified, published, uploaded, posted onto other websites or distributed in any way without our prior written permission. Except as expressly provided herein, we do not grant you any right to use or reproduce the material. All our rights in this regard are and remain reserved.

7. Electronic communications

When you use any of the services and/or send email to us, you agree to receive communication from us electronically, and you agree that all agreements, notices, disclosures and other communication sent to you by us, comply with any legal requirements, including but not limited to, a requirement that such communication be "in writing".

8. Data protection

This applies to all personal data processed by our website, and to all persons employed by us or by you or who are involved in the processing of personal data.

We are committed to protecting and respecting the privacy of our data subjects in accordance with the Protection of Personal Information Act 4 Of 2013.

We will do what is reasonably practicable to comply with those aspects of data protection that apply to our business, under the applicable data protection law.

9. Software

We give no warranty and make no representation, either express or implied, as to the quality or fitness for purpose of the use of our website, or the software we use.

10. Compliance with legislation

You will obtain, at your own risk and expense, all authorizations you may need to access the Website and/or use the service. We make no representations, nor give any warranties or guarantees of any kind whatsoever regarding any authorization, including its granting and whether it is required by us or any other third party. You agree to, at all times, comply with all authorizations and regulatory provisions, as well as the terms, standards and requirements prescribed by any regulatory provision or any competent authority that may be applicable from time to time in respect of the service. You agree to indemnify us against any breach by you of the aforementioned authorizations and regulatory provisions.

11. Disclaimer and risk

Use of this website, the services, and the content contained therein are provided “as is” and “as available” with no warranties whatsoever. We do not, either expressly or implied, make any warranties, claims or representations regarding 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 error-free nor do we warrant any connection to or transmission from the internet. You acknowledge and agree that the entire risk arising from your use of our Website and services remains with you, to the maximum extent permitted by law.

12. Limitation of liability

You acknowledge and agree that we and our staff shall have no liability in connection with or arising from your use of our website or the services, as set forth below. Under no circumstances shall we and our staff be 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 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.

13. Choice of law, jurisdiction and costs

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. If our attorneys must be instructed 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 that 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.

14. Address where legal proceedings may be instituted

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:

1035 Fish Eagle Street
Birdwood Estate
Hartbeespoort

We may change the above details by updating these Terms of Use from time to time. Please ensure you use the address that appears in the version of these Terms of Use published on the website at the time you intend to serve court papers or any other documents.

15. Invalid, void and unenforceable terms

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.

16. No waiver of rights

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 to enforce the same at a later time.

17. No variation

No alteration, variation, or consensual cancellation of these Terms of Use, including this clause, shall be of any force or effect, unless it is recorded in writing and signed (as defined further on) by you and us; “signed” referring to either a handwritten signature, or an “advanced electronic signature” as defined in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).