Acceptance of the terms

The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. All references to “services” in these terms include services provided via this site and through the designated TransUnion consumer sales and service channels including but not limited to the Call Centre and USSD channels. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

TransUnion reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site and any services means that you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site and any services.

TransUnion's Personal Credit Report Privacy Policy

By accessing and using this site and any services, you are consenting to the collection, use and disclosure of your personal information in accordance with the Privacy Policy which is available on our website at https://www.transunionafrica.com/legal/privacy-policy.

Use of the Website

By accessing the site, you warrant and represent to TransUnion that you are legally entitled to do so. By subscribing for any of the service/s, you warrant and represent to TransUnion that you are legally authorised to subscribe for such service/s and have the requisite capacity to conclude legally binding transactions with TransUnion. You further warrant that you will not use the website, the service/s, or any information made available/sent 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 is in contravention of these terms and conditions.

TransUnion Business Credit Report Purchase acknowledgement

By purchasing the TransUnion Business Credit Report you acknowledge and agree that any principal information requested by you from TransUnion shall be used solely for the purposes of evaluating the business concerned, or to the extent permitted or prescribed by the National Credit Act, if applicable to such business enquiries such as factual check, rental check or risk assessment.

Disclaimer of Warranties and Liability

Neither TransUnion nor its suppliers makes warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided "as is". TransUnion does not make any warranty or representation that information and service/s advertised on the website are appropriate for use in any jurisdiction.

Use of this site, the content and the services are at your own risk. 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 website and/or any information contained on or received via the website, your use of the service/s and/or your reliance on any information offered via the website and service/s.

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 or 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.

Without limiting the generality of the aforegoing, TransUnion shall 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 and you should not rely upon the content to provide any such advice. 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 and in its sole discretion to withdraw or terminate any service/s and or products offered to you in terms of the subscription for any reason, at any time and without incurring loss or penalty.

Application Process for services other than USSD service

To subscribe for the service/s, you must complete the online application form ("application form"). By using the services, you agree to be bound to these terms. On receipt of your application form, TransUnion will takes such steps, as in its sole discretion it deems necessary, to evaluate your application and to verify whether, in completing the application form, you have provided TransUnion with complete and accurate information about yourself and your credit card information for payment; and insofar as you are requesting TransUnion to provide you with personal and/or business credit profiles, the information contained in the application form pertains to you personally. The application process will not be completed before you have been given the opportunity to review the entire transaction and correct any mistakes, or to withdraw from the transaction completely. By clicking on the "submit" button you are deemed to have submitted an offer to subscribe for the service/s selected ("order") and you will not thereafter be able to cancel the order unless TransUnion expressly agrees thereto. Given the nature of the services, you understand that once you receive the information/data requested in your order, you will have no right to cancel the order or attempt to rely on a "cooling-off" period as the service/s will already have been rendered by TransUnion, and consumed by you.

Payment for services other than USSD service

You agree to pay TransUnion the fees stipulated on the website as the price for the service/s ordered. You hereby agree that, without agreement being reached with TransUnion in circumstances where just cause exists, TransUnion will not be obliged to refund any payment made by you, nor shall you be entitled to reverse such payment, for any reason whatsoever, including your failure to pass TransUnion's verification processes.

Please take note of the following payment options available to you:

• Credit Card /Debit Card /Cheque Card:  If selecting this option, you hereby authorise TransUnion to charge the payment for such fees to the card indicated, using the card information provided in your application, effective from the date of receipt of your order by TransUnion.
• Where payment is made in this way:  If you have purchased a once off product, your product will be emailed to you shortly after the order has been processed; and/or If you have purchased a monthly product, you will receive your product once payment has been confirmed. It takes a minimum of four business days for the transaction to clear.

Debit Order: If selecting this option, you hereby authorise TransUnion to debit the payment for such fees from the account indicated, using the account information provided in your application. Where payment is made in this way you will receive your product once payment has been confirmed. It takes a minimum of four business days for the transaction to clear.

When you purchase an annual TransUnion Credit Report & Alerts product, your product will continue for a fixed period of 12 months, where after it will continue on a month to month basis.  Upon the expiration of the 12 month period, you may opt to cancel it at any time by providing TransUnion with 30 days’ written notice.

USSD service

By using the USSD service, you agree to be bound to these terms except those expressly said to exclude the USSD service.

The following products are available via TransUnion’s USSD Service -

• Your Credit Score – A three digit number that tells you in a single number what your credit report says about your management of your existing credit. It is not indicative of the scoring used by credit providers when assessing applications for credit and is not an instruction to credit provider/s as to whether they should approve or decline you for credit – it is merely a score generated by TransUnion. All credit information in your credit report contributes to the calculation of your credit score, as per the formula applied by TransUnion. Should you prefer to view the reasons for your particular score rating, you would need to access certain of the specific services such as your full comprehensive credit report and score, which is available either via this site or by contacting TransUnion’s call centre on 0861 482 482).
• Your Account Status – This provides the total value of your credit accounts listed by TransUnion as well as a percentage breakdown by credit type.
• Your Credit Summary -  This is a summary of your credit report, including a breakdown of your positive listings (such as your debt balance and number of active and closed accounts); and your negative listings (such as judgments, defaults, and notices).
• How You Compare – This shows you where your credit score ranks amongst other South Africans relative to their TransUnion scores.

Eligibility and registration for USSD service and products

To be eligible for the USSD service –

• You require a valid cellphone number that is linked to your TransUnion credit record (i.e. the cellphone number used by you when accessing the USSD service must be a number that is reflected on your TransUnion credit report (this is a security requirement for protection of your personal information);
• You need to be registered with TransUnion. This requires the registration of your personal details with TransUnion as indicated on the site or the process required via the USSD service; and
• You require sufficient funds in your cellphone account. If you have insufficient funds in your cellphone account the requested product will not be delivered to you.

You will be charged 20c for every 20 seconds that the USSD session is used to either register, view products or resend an already purchased product.

You will be issued with a ‘Failed Verification’ status if you –

• have tried to register on the USSD service but have previously failed the TransUnion online verification via this site;
• have a mismatched ID number and surname combination;
• use a cellphone number that does not match any cellphone numbers in your TransUnion credit report;
• have no cellphone number recorded in your TransUnion credit report; and/or
• select the incorrect address option.

Should you fail verification during the USSD quick registration process you will be registered on the USSD quick registration and assigned the ‘Failed Verification’ status.  To attempt to undo your Failed Verification status you will need to complete the full registration via this site or TransUnion’s call centre (by calling 0861 482 482).

Pricing, Refunds and Non-Delivery of USSD Products

Pricing for the USSD products is inclusive of VAT and is subject to change from time to time without notice. SMS costs are included in the product cost. Premium SMS rates apply.  Free SMS’ do not apply.

The pricing for the relevant product will (as applicable) be deducted from, or charged your cellphone account immediately upon your submission of the relevant product shortcode together with your ID number via your cellphone.  Given the nature of the USSD products, you understand that once you receive the information/data requested in your order, you will have no right to cancel the order or attempt to rely on a "cooling-off" period as the service/s will already have been rendered by TransUnion, and consumed by you.

Notwithstanding the above, refunds may be authorised in certain circumstances and must be requested through the following process -

• call the TransUnion call centre at 0861 482 482;
• provide the TransUnion call centre agent with the cellphone number that was used to request a USSD product as well as your name and surname;
• your query will be escalated to TransUnion’s USSD service provider in the aim of establishing whether the refund request is valid
• the investigation into the refund request will take two working days;  and
• TransUnion will contact you to advise you on the outcome of the refund request.
  Please note that refunds may be possible where justified circumstances for a requested refund exist (i.e. where there has been any degree of fault related to the USSD service). TransUnion will, together with its USSD service provider, consider each request on a case by case basis to determine whether the request for the refund is justified.

In the event that you do not receive the USSD product you requested and paid for, the resend function is available to registered consumers only and is available through the USSD service. You will only have two attempts to attempt to receive your product with this function.  Should this not be successful please contact the TransUnion call centre at 0861 482 482.

Accuracy of Scores, Benchmarking and use of Credit Tools

When accessing certain products or features your personal credit profile may be compared or benchmarked against industry and/or other averages.  These scores and benchmarks are calculated based only on information that is available to TransUnion or which is provided by you and TransUnion can therefor not warrant the accuracy of the information. Should any information on your credit report be incorrect, you may dispute the information by contacting TransUnion’s call centre on 0861 482 482.

TransUnion does not approve or decline you for credit.  All credit assessments are done by the credit provider based on the requirements set out in the National Credit Act, their internal risk criteria as well as the information supplied by you and/or other information available to them.  Any credit score or debt rating provided by TransUnion is therefor only an indicator and does not mean that you will automatically be approved or declined for credit.

Verification

You hereby agree that all orders and any other communications which purport to originate from you, or a person who had authority to act on your behalf in respect of such order or communication, or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to TransUnion electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by TransUnion and you will be bound by such communication with no liability of whatever nature attaching to TransUnion in regard thereto.

You waive any rights you may have or obtain against TransUnion arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that TransUnion acts on your orders or communications, or orders communications that purport to emanate from you and you indemnify TransUnion against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to emanate from you.

Confirmation of orders and conclusion of the transaction

By placing an order for service/s, you agree that TransUnion may deliver the information you ordered telephonically, by email, facsimile or SMS, using the contact information you provided in the application form. You hereby agree that TransUnion may before or after delivery send you electronic communications relating to your order and/or the service/s offered via the website from time to time, provided that you will be given the opportunity to cancel your subscription to TransUnion's mailing list at any time upon providing TransUnion with written notification sent to webadmin@transunion.co.za to that effect.

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 Africa (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;
• website address: mytransunion.co.za;
• email address: info@transunion.co.za;
• 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.
• 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;
• the 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 utilises 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

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 in this regard.

By accepting these terms and condition, you expressly acknowledge, agree and consent to TransUnion using your confidential information, for the following purposes, which specifically includes:

• record, process and continuously maintain and update my information;
• create a new credit record;
• update an existing credit record;
• monitoring and subsequently updating the current and future credit activity on my records;
• creating and maintaining new products (for scoring and other statistical models);
• performing statistical analysis,
• validating and verifying information on my credit record, at TransUnion’s discretion, against any relevant source;
• distributing TransUnion’s marketing material;
• make my credit record available to its customers /subscribers, upon request, where the customer/subscriber fulfils the legal requirements, justifying such disclosure.

By purchasing the TransUnion Business Credit Report you acknowledge and agree that any principal information requested by you from TransUnion Credit Bureau shall be used solely for the purposes of evaluating the business concerned or to the extent permitted or prescribed by the National Credit Act, if applicable to such business enquiries” such as factual check, rental check or risk assessment.

Copyright 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 unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material 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 service/s 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 licence or right to use any trademark without the prior written permission of TransUnion.

External links

External links may be provided for your convenience, but they are beyond the control of TransUnion and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express 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:
  
  • Google: http://www.google.com/policies/privacy/ads/
  • Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
  • Digital Advertising Alliance (DAA): http://www.aboutads.info/choices/
  • Digital Advertising Alliance Canada (DAAC): http://youradchoices.ca/choices
  • 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

• The terms, the application form and TransUnion's Standard 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 service/s referred to herein, or the terms or any matter related to or in connection therewith.

USE OF VOICE RECORDINGS, VOICE FILES AND VOICE PRINTS

When you register to use the TransUnion Interactive Services (“TUI Services”), you will have the option to enrol your voice to use as your password to access the TUI Services in future. These voice recordings, voice files and voice prints will be owned and stored by our third-party service provider (“TSP”) and form part their data assets and intellectual property.
These voice recordings, voice files and voice prints will be used only in respect of TUI Services as a means to verify your identity in an effort to ensure the detection and prevention of identify fraud.

Should you elect to enrol your voice as part of the TUI Services you consent to:

• the collection, processing and storing of your voice files, voice prints and identity information provided by you during the registration process (collectively, the “Information”) by TransUnion’s third party service provider;
• access by TransUnion to its TSP’s database of voice files and/or voice prints to authenticate your identity each time you wish to access the TUI Services;
• TransUnion periodically requesting updated Information from you to ensure the maintenance of the correctness of your Information; and
• TransUnion retaining the Information for as long as may be necessary for us to provide our authentication and verification services to you.

You may in the future have the option to consent to your voice print being used by other commercial organisations, who are clients of our TSP, to verify your identity when interacting with those commercial organisations (again, in an effort to detect and prevent identify fraud).

Address for Service

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is:

10th Floor, 11 Alice Lane, Sandton, Johannesburg, 2196, South Africa.

Telephone number: (011) 214 6000

No legal service shall be validly affected by email.

TransUnion shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

Last revised 26 September 2017
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