Terms of Use

Welcome to the transunion.co.za and mytransunion.co.za website

Notice: Your use of this web site beyond the home page constitutes acceptance of the Terms of Use.

Acceptance of the terms

Please read the following information carefully before using this web site. By accessing or using the web site, you acknowledge that you have read, understood, and agree to the TransUnion General Terms of Use and where applicable the Product Terms of Use (collectively the “Terms of Use”). If you do not agree with the Terms of Use, do not use this web site. We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time. Please check the Terms of Use each time you visit our web site for the most current information.

These Terms of Use apply to the transunion.co.za and mytransunion.co.za web sites (collectively “TransUnion Site”). If you decide to order any information, product or services (collectively “Services”) from TransUnion, such order or purchase will additionally be governed by the Product Terms of Use.  If the Terms of Use is not consistent with the specific terms that apply to the TransUnion Services offered through this web site or any designated TransUnion sales- or service channel, then the specific Product Terms of Use that apply to these Services will apply.

Use of the Website

By accessing and or subscribing to any Services via the TransUnion Site, you warrant and represent that you are legally entitled to do so and that you have the requisite capacity to conclude a legally binding transaction with TransUnion. You further warrant that you will not use the TransUnion Site, Services, or any information made available 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 in any way that is in contravention of these Terms of Use or the specific Product Terms of Use.

While you are on the TransUnion Site or are using or accessing our product offerings, we may collect certain data about your use of the site and the products. By accessing or viewing any of our sites, you understand that we will be collecting this data. If you do not want us to collect data about you, then do not access any of our Sites and do not enroll in, purchase, or use any of our products or services.

Privacy

Please review the TransUnion Privacy Policy to understand our practices. By using the TransUnion Site or purchasing our Services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

Disclaimer of Warranties and Liability

This TransUnion Site, including all content, information, products or services made available to you or, or accessed through the TransUnion Site, is provided to you “as is”. Use of the TransUnion Site, the content and the services are at your own risk.

Neither TransUnion nor its suppliers make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the TransUnion Site and the Services or that the Services advertised on the website are appropriate for use in any jurisdiction.

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 TransUnion Site and/or any information contained on or received via the  TransUnion Site, your use of the Services and/or your reliance on any information offered via the TransUnion Site or Services.

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 and 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.

TransUnion shall furthermore 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. 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.

You are advised that TransUnion reserves the right, in its sole discretion, to withdraw or terminate any Services offered to you in terms of the subscription for any reason, at any time and without incurring loss or penalty.

Policy on Links to the TransUnion Web Site

You are given a limited, non-exclusive right to create a hypertext link to the TransUnion Site (www.transunion.co.za and www.mytransunion.co.za). However, you may not portray TransUnion or any of its Services in a false or offensive manner. Also, you may not misrepresent your relationship with TransUnion or imply that TransUnion sponsors, endorses, or is affiliated with your web site or products. You may not replicate, modify, or alter the appearance or content of this web site. You may not use, frame, or utilize framing techniques to enclose any TransUnion Trademarks or any of the content of this web site. Except as stated above, you are not given any other right or license to (i) the content of this web site or (ii) any intellectual property or proprietary rights of TransUnion. This limited linking right may be taken away from you at any time at our discretion.

Policy on Links to Third Party Web Sites

This web site may contain links to third party web sites. TransUnion does not represent, guarantee, or endorse any web site that you may access from this web site. In addition, if we provide a link to a web site, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this web site are provided solely as a convenience to you. When you access a non-TransUnion web site, please understand that the linked site and its content are not under our control. TransUnion is not responsible for web casting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.   When visiting external links you must refer to that external terms and conditions of use.

Unsolicited Idea Submission Policy

When you provide us with comments, suggestions, or ideas (collectively "Feedback"), such Feedback is not considered confidential and becomes the property of TransUnion. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.

International Use

Because you can access this web site internationally, you agree to follow all local rules regarding the internet, data, e-mail, and privacy. You specifically agree to follow all laws that apply to transmitting technical data exported from the South Africa or the country of your residence.

Notices

The address for service of any notices or communication relating to these Terms of Use including the giving of any notice, the payment of any sum, or the serving of any legal 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 entitled to vary its physical address for service to any other physical address within the Republic of South Africa, by giving notice to you by way of updating these Terms of Use.

Indemnification

You agree to reimburse TransUnion, its officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney's fees, resulting from your violation of these Terms of Use.

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
• Email address: info@transunion.co.za
• 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: Credit information services
• Manner of payment:  Electronically by credit card, debit order
• 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 utilizes 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
• Membership / Affiliations: TransUnion is a member of the Credit Bureau Association (CBA) as well as the South African Credit and Risk Reporting Association (SACRRA) and subscribes to the respective codes of conduct. It is also registered with the NCR as a credit bureau with registration numbers NCRCB04

Use of Information, including in terms of the Protection of Personal Information Act, 4 of 2013

TransUnion conducts its business in accordance with the National Credit Act and the relevant membership bodies’ codes of conduct and considers it imperative to protect the privacy interests of consumers. Please see our detailed Privacy and Security Policy available on our website by clicking on this link.

By accepting these terms and conditions, you expressly acknowledge, agree and consent to TransUnion using your confidential information to –

• record, process, continuously maintain and update your information;
• create a new credit record;
• update an existing credit record;
• monitor and subsequently update the current and future credit activity on your credit record;
• create and maintain new products (for scoring and other statistical models);
• perform statistical analysis,
• validate and verify information on your credit record, at TransUnion’s discretion and against any relevant source;
• distribute TransUnion marketing material;
• make my credit record available to TransUnion’s subscribers, upon request and where such subscriber fulfils the legal requirements justifying such disclosure.

Copyright, Trademarks 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 unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Materials 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 Services 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 license or right to use any trademark without the prior written permission of TransUnion.

Online advertising

TransUnion engages third parties that help it deliver its banner advertisements and other online communications. The third parties may collect and use information about TransUnion customers to help us understand the offers, promotions, and types of advertising that are most appealing to its customers. The personal information they collect is aggregated and cannot be linked to a person.

• Third party vendors, including but not limited to Google, DoubleClick and Programmatic Buying, show TransUnion's ads on sites on the internet.
• Third party vendors, including but not limited to Google, DoubleClick and Programmatic Buying, use cookies to serve ads based on a user's prior visits to TransUnion's website.
• If you do not wish your personal information to be used in this way Users may opt out use of cookies by visiting:
o Google: http://www.google.com/policies/privacy/ads/
o Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
o Digital Advertising Alliance (DAA): http://www.aboutads.info/choices/
o Digital Advertising Alliance Canada (DAAC): http://youradchoices.ca/choices
o Digital Advertising Alliance EU (eDAA): http://www.youronlinechoices.com/

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

These Terms of Use, and where applicable the Product Terms of Use and/or TransUnion's Standard Services (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 Services referred to herein, or the terms or any matter related to or in connection therewith.

Last revised - May 2018
TransUnion