WinCredit Terms and Conditions

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SUMMARY

You can only request and use information from the Credit Bureaux for the Prescribed Purposes.

You must get consent from your customer for those Prescribed Purposes that require consent.

You agree to allow us to check your compliance with this agreement.

Either party can terminate this Agreement with immediate effect.

The Software is licenced and not sold.

Neither WinCredit nor the Credit Bureaux will be liable for any damages related to the use of, or reliance on,the Software, credit information or services.

FULL AGREEMENT
1. Definitions
  1. “Act” means the National Credit Act 34 of 2005 as amended from time to time;
  2. “Agreement” or “End User Licence Agreement” or “EULA” mean this agreement together with all annexures and addenda hereto, as may be amended in writing by the Parties from time to time;
  3. “Commencement Date” means the date when the Software was installed for the first Time;
  4. “Confidential Information” means all confidential information of the Credit Bureaux and/or WinCredit irrespective of the media in which it is contained and including but not limited to the Intellectual Property, printouts, manuals, tables of statistics, software, applications, source codes, computer discs, magnetic tapes, samples and any data collected and stored in the Credit Bureaux’s and/or WinCredit’s data bases from time to time;
  5. “Consent” means any freely-given, specific and informed expression of will whereby data subjects agree to the processing of personal information relating to them;
  6. “Consumer Credit Information” shall bear the meaning set out in Section 70 (1) of the Act;
  7. “Credit Bureaux” means TransUnion Credit Bureau (Proprietary) Limited (Registration Number 2004/007773/07), a company incorporated in accordance with the laws of the Republic of South Africa, having its main place of business at Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, Republic of South Africa, and Experian South Africa (Proprietary) Limited (Registration Number 2006/010440/07), a company incorporated in accordance with the laws of the Republic of South Africa,having its main place of business at Experian House, The Ambridge, Vrede Avenue, Douglasdale, Sandton, Johannesburg, Republic of South Africa, and TPN Group (Proprietary) Limited (Registration Number 2002/032126/07), a company incorporated in accordance with the laws of the Republic of South Africa, having its main place of business at ACS House, 1st floor, 370 Rivonia Boulevard, Rivonia, Johannesburg, Republic of South Africa and Inoxico Credit Bureau, a company incorporated in accordance with the laws of the Republic of South Africa, having its main place of business at at 158 Jan Smuts Avenue, Rosebank, Johannesburg, Republic of South Africa and any other institutions contacted by the Software which are registered as Credit Bureaux by the Act; and Compuscan Holdings (Registration Number 1999/000701/07), a company incorporated in accordance with the laws of the Republic of South Africa, having its main place of business at Compuscan House, 3 Neutron Avenue, Techno Park, Stellenbosch 7600, Republic of South Africa; and XDS Pty Ltd (Registration Number 2002/022936/07), a company incorporated in accordance with the laws of the Republic of South Africa, having its main place of business at 11-13 Oakhurst Building, St Andrews Street, Parktown, Johannesburg.
  8. “Credit Repair” shall bear the meaning set out in Notice 169 published in terms of the Consumer Affairs Act, 71 of 1988 (published in Government Gazette No. 18646);
  9. “Customer” means any person about whom or in connection with whom a Credit Bureau report is requested by the Applicant;
  10. “Delivery Mechanism(s)” shall mean the method and/or mechanism and/or telecommunications network by which WinCredit shall enable you to access the the Credit Bureaux services pursuant to this Agreement;
  11. “Group” means the Applicant, the holding company (if applicable) of the Applicant, all subsidiaries of the Applicant from time to time and (if applicable) all subsidiaries of the holding company from time to time;
  12. “Input Data” means the Applicant’s proprietary data submitted to the Credit Bureaux and/or WinCredit when processing an enquiry;
  13. “Intellectual Property” means all intellectual property of whatever nature owned and/or controlled by the Credit Bureaux and/or WinCredit , including without limiting the generality of the aforegoing, the Credit Bureaux’s and/or WinCredit’s right, title and interest in and to all trade marks, technology, software, applications, web pages (including the “look and feel” thereof), standards, trade secrets, logos, systems, methods (including all delivery mechanisms and scoring processes), procedures, processes, the design, layout, “look and feel” and “get up” of the Reports and the Recommendations, trade names, domain names, styles,insignias, compilations, designs, patents, and copyright whether registered or not;
  14. “Parties” shall mean WinCredit and the Applicant;
  15. “Prescribed Information” shall bear the meaning set out in Section 18 (6) of the Regulations;
  16. “Prescribed Purpose” shall bear the meaning set out in Section 18 (4) of the Regulations and those purposes as permitted in terms of the Act;
  17. “Recommendation” means a system generated recommendation, derived from a predetermined set of rules used to analyse the Input Data and produce an objective opinion, limited to the following alternatives:
    1. accept;
    2. refer;
    3. serious refer;
  18. “Regulations” shall mean the National Credit Regulations, published in Government Gazette No. 8477, Notice 28864, as amended from time to time;
  19. “Reports” means reports generated pursuant to the use by the Applicant of the Services;
  20. “Services” means the services to be rendered by WinCredit to the Applicant, as set out more fully hereunder and as amended from time to time;
  21. “Software” means the part of the WinDeed classic, WinDeedGD and WinDeedSearch software which deals with Credit Bureaux information and which is owned and controlled by WinCredit and includes any updates associated therewith;
  22. “Subscriber Application Form” means the WinCredit form which refers to this Agreement and may also 3 of 12 contain an annexure of fees payable for the WinCredit services;
  23. “Transactional billing” means a payment system whereby you pay per transaction;
  24. “Web Site” means www.windeedsearch.co.za and www.search.windeed.co.za;
  25. “WinCredit” means LexisNexis Risk Management (Pty) Ltd trading as WinCredit (Registration number: 1990/00404/07), a company incorporated in accordance with the laws of the Republic of South Africa, having its main place of business at Great Westerford, 240 Main Road, Rondebosch, Cape Town, South Africa;
  26. “You” or “Applicant” means a single person or single legal entity.
2. Interpretation
  1. In this Agreement, clause headings are for convenience and shall not be used in its interpretation, and unless the context indicates the contrary intention:
    1. any expression which denotes
      • the singular shall include the plural and vice versa;
      • any gender includes the other gender;
      • a person includes an artificial person or juristic person and vice versa;
    2. any reference to any legislation or enactment is to such legislation or enactment as at the date of signature of the Agreement by the last signing of the parties and as amended or re-enacted from time to time;
    3. if any provision in a definition is a substantive provision conferring any right or imposing any obligation on either Party, then notwithstanding that it is only in the interpretation clause, effect shall be given to it as if it were a substantive provision in this Agreement;
    4. when any number of days is prescribed, such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday or public holiday as recognised in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday as recognised in the Republic of South Africa, unless a specific reference is made to calendar days;
    5. the use of the word “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples;
    6. the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provides that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;
    7. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
    8. the terms “holding company” and “subsidiary company” shall bear the meanings assigned to them in the Companies Act No. 61 of 1973; and
    9. the clause headings have been inserted for convenience only and shall not be taken into account in the construction or interpretation of any of the provisions to which it relates. The clause headings are for descriptive purposes only and shall not in any way limit or amplify the terms of this Agreement.
3. Commencement and Duration
  1. This Agreement begins when you click on the “I agree” option or when you install, copy or use this Software and will remain in force indefinitely, subject to the termination clause below.
  2. You hereby warrant that you are authorised to accept this Agreement on behalf of the legal person or entity and Group that you represent.
  3. This Agreement may be updated from time to time by WinCredit, the latest version of which will be available on the Web Site. Please check this Agreement in the Software and on the Website each time you use the Software for any changes. Continued use of the Software after this Agreement has been updated constitutes acceptance of the updated terms of the Agreement.
  4. Notwithstanding any other provision of this Agreement, this Agreement shall terminate and be of no further force and effect should WinCredit be prevented by any law from continuing to carry out its obligations in terms of this Agreement.
4. Acknowledgements by the Applicant
  1. The Applicant acknowledges and agrees that:
    1. it may only request and receive Consumer Credit Information, subject to Section 18 (5) of the Regulations the Prescribed Information and such other information which the Credit Bureaux and/or WinCredit are lawfully entitled to disclose to the Applicant in terms of the Act as read with the Regulations;
    2. it will at all times comply with the requirements for the receipt, compilation and reporting of information as prescribed by the Act and any other relevant legislation;
    3. where Group company/ies uses the Services, the Applicant shall procure that such Group company/ies each agree to be bound by the terms and conditions of the Agreement and the Applicant shall in addition, be liable for any breach by a Group company/ies of the Agreement.
5. Payment per transaction
  1. Each transaction carried out by the Software carries a fee which is paid in arrears at the end of each month.
  2. WinCredit will provide you with an annexure in terms of this clause of transactional billing charges applicable from time to time and this annexure is incorporated into this Agreement.
  3. WinCredit will change the transactional billing fees on an annual basis.
  4. In the event of a change in the applicable rate of Value Added Tax or any other fee imposed by the South African government, such change shall be for your account and shall be implemented immediately.
  5. In the event that you are not satisfied with the Software, you can terminate this Agreement immediately provided that you give WinCredit written notice of the termination.
  6. Failure to make payment within fifteen (15) calendar days of receipt of invoice may result in deactivation of the Software at WinCredit’s discretion.
  7. You will make payment to WinCredit of all amounts payable in terms of this agreement free of exchange and without deduction or set-off of any nature, within fifteen (15) calendar days after the date on which WinCredit issues an invoice. You will in no circumstances be entitled to defer or withhold payment of any amounts due in terms of this Agreement for any reason whatsoever, including but not limited to any information being incomplete, inaccurate or incorrect.
  8. If you fail to pay any amount due in terms of this Agreement on due date, such overdue amount shall bear interest at the prime overdraft rate of interest per annum charged by WinCredit’s bankers from time to time, as calculated from the due date until date of payment, both days inclusive.
6. Reservation of rights not expressly granted
  1. The Applicant agrees and acknowledges that
    1. the Software is licenced and not sold, and the licence provided is a nonexclusive licence;
    2. no unauthorised use of the Credit Bureaux’s and/or WinCredit’s intellectual property, which includes its designs, trademarks, copyrighted works or patents, is permitted subject to the right by you to copy the Software for re-installation and for back-up purposes;
    3. all right, title and interest in and to the Intellectual Property vests in the Credit Bureaux and/or WinCredit, respectively, as appropriate. Nothing in this Agreement transfers ownership in any of the Intellectual Property to the Applicant;
    4. it shall not disclose the Confidential Information to any unauthorised third party;
    5. it shall use its utmost efforts and diligence to guard and protect the Credit Bureaux’s and/or WinCredit’s Intellectual Property and Confidential Information.
7. Submission of Data
  1. The Applicant undertakes that the Input Data processed on the Delivery Mechanism:
    1. shall contain the following information in respect of a consumer;
      • initials and surname or full names and surname;
    2. South African identity number or if the consumer does not have an identity number, the passport number and date of birth;
    3. insofar as is possible:
      • the residential address and telephone number of the consumer;
      • the details of the employer and place of work of the consumer and if self-employed or unemployed, a statement to that effect;
    4. shall be accurate, up-to-date, relevant, complete, valid and not duplicated;
    5. in respect of the Applicant’s customer/s may be utilised by the Credit Bureaux as part of their database in the ordinary course of their business as a registered credit bureau.
  2. WinCredit may, at any time, and at its sole discretion verify the accuracy of any statement or information obtained from the Applicant.
  3. Any information released by the Credit Bureaux shall in no way be construed as an opinion of the Credit Bureaux on the solvency, financial standing, creditworthiness, integrity or motives of any party reported upon but merely reflects a recording of information received by the Credit Bureaux from various sources from time to time. Use of the Reports, the Recommendation and the information contained therein requires the Applicant to use its own skill and judgment. The Applicant shall be solely liable for all opinions, recommendations, forecasts or comments made or actions taken in reliance on the Reports, the Recommendations and the information contained therein.
8. Use of your Data
  1. You hereby acknowledge and agree that WinCredit may:
    1. perform a credit search on you and/or your profile with one or more of the registered Credit Bureaux when assessing your Subscriber Application Form;
    2. monitor your payment behaviour by researching your profile at one or more of the Credit Bureaux;
    3. record the existence of your account with any Credit Bureau;
    4. record and transmit details of how you perform in terms of this agreement and how the account is conducted by you in meeting your obligations on the account; and
    5. record and make available to any person whatsoever your request for and access to the Credit Bureaux services and information from time to time.
  2.  You hereby consent:
    1. to WinCredit tracking your usage of Credit Bureau services and recording, storing and using all information pertaining to such usage;
    2. to WinCredit and the Credit Bureaux sharing with and providing all information to each other which you may provide to WinCredit from time to time.
9. Consent
  1. The Applicant warrants that it has obtained Consent from a customer or consumer:
    1. that any information conveyed by the Applicant to the Credit Bureaux may be used by the Credit Bureaux, in the normal course of their business as a registered credit bureau and accessed by other Credit Providers and customers of the Credit Bureaux for Prescribed Purposes;
    2. to request a report where the Applicant is considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances;
    3. to request a report where the Applicant is setting a limit of service provision in respect of any continuous service;
    4. to request a report where the Applicant is assessing an application for insurance;
    5. to request a report where the Applicant is verifying educational qualifications and employment.
10. Right to audit
  1. WinCredit reserves the right for WinCredit, their representatives or an independent third party to audit the Applicant’s books, records and systems solely for the purpose of ensuring the Applicant’s compliance with this Agreement.
  2. The Applicant shall for the purposes of such audits grant WinCredit, their representatives or an independent third party, as the case may be, access as contemplated in the above clause.
  3. WinCredit undertakes to and shall procure that its representatives or the independent third party, as the case may be, protect the confidentiality of the Applicant’s information, and that they will not make any unauthorised disclosure of the information to any third party.
11. Technical Specifications and security
  1. You are required to update the Software as and when an upgrade becomes available.Failure to do so could result in the Software becoming inoperable or becoming obsolete in terms of complying with legislation and/or with industry practice and may also result in deactivation of the Software.
  2. If practical, all updates to the Software will be made available on the Web Site. In addition these Software updates will be made available by other means, such as by Docex or post, on request. WinCredit’s staff will charge their normal hourly rates should their assistance be required to install Software updates.
  3. WinCredit will advise you from time to time of various technical specifications which you will need to comply with in order for the Software to function successfully, and you acknowledge that failure to abide by these specifications could lead to a malfunction of the Software, the hardware used by you and third party software that is present on your computer for which WinCredit will not be held responsible.
  4. You hereby agree and warrant:
    1. that each Software password will be used by one natural person only;
    2. not to give, disclose or make available in any way your password to any other person for such person’s use (“unauthorised use”) and undertake to maintain the confidentiality of such password;
    3. in the event that any unauthorised use takes place, that you shall pay immediately, on demand by WinCredit, all amounts which WinCredit may be required to pay to any person arising from the unauthorised use of your password; and
    4. that, if for any reason the password is no longer secure or may be accessible to or in the possession of any unauthorised person, you shall immediately notify WinCredit thereof, whereupon WinCredit shall use its best endeavours to replace, at your cost, such password within twenty four (24) hours after receipt of such notification.
  5. WinCredit hereby reserves the right to take whatever action WinCredit considers necessary in order to ensure the security and reliable operation of the Delivery Mechanisms, the Credit Bureau services and/or Credit Bureau information.
  6. You agree that you shall not utilise the Credit Bureau services to compromise the security of or to tamper with any information, data, resources, accounts or records of any person.
12. Termination of Agreement
  1. This Agreement will remain in force indefinitely, provided that either party may cancel the agreement immediately by written notice.
  2. WinCredit is entitled to terminate this Agreement immediately if you do not comply with any provision in this Agreement.
  3. If this Agreement is terminated all copies of printed and electronic materials must be returned or destroyed at WinCredit’s election, and you hereby agree to allow WinCredit to remove or uninstall the Software from your computers.
  4. If the Applicant –
    1. being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
    2. being a partnership, is dissolved; or
    3. being a company, is placed under a provisional or final order of liquidation or judicial management; or
    4. compromises or attempts to compromise generally with its creditors,
  5. Then in any of those events WinCredit shall be entitled, without prejudice to its other rights in law including the right to claim damages to cancel this Agreement or to claim immediate specific performance of all of the Applicant’s obligations, whether or not otherwise then due for performance.
13. Warranty by WinCredit
  1. Save as specifically set out herein, the Credit Bureaux and WinCredit make no representations and give no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of this Agreement, the services and/or the accuracy or correctness of the Reports and/or the Recommendations, as the case may be, or any part thereof.
14. Warranties by the Applicant
  1.  The Applicant warrants that:-
    1. it does not and will not at any time conduct and/or be involved, whether directly or indirectly in the business of Credit Repair;
    2. it is entitled to submit the Consumer Credit Information and Prescribed Information to the Credit Bureaux and that such information is not subject to a duty of confidentiality between the Applicant and the consumer;
    3. it will take all reasonable steps to ensure that the Input Data processed on the Delivery Mechanism is accurate, up-to-date, relevant, complete, not duplicated and valid;
    4. any Consumer Credit Information and/or report containing Consumer Credit Information shall be used by it solely and exclusively for the Prescribed Purposes which include –
      • undertaking an affordability assessment in respect of a consumer, as required by Section 79 of the Act;
      • undertaking a credit assessment in respect of a consumer, as required by Section 81 (2) of the Act;
      • an investigation into fraud, corruption or theft, provided that the South African Police Service or any other statutory enforcement agency conducts such an investigation;
      • fraud detection and fraud prevention services;
      • considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances, provided that the consent of the consumer has been obtained prior to the report being requested;
      • undertaking an assessment of the debtors book of a business for the purposes of the sale of the business or debtor’s book of that business;
      • undertaking an assessment of the debtors book of a business for the purposes of any other transaction that is dependent upon determining the value of the business or the debtors book of that business;
      • undertaking an affordability assessment for setting a limit of service provision in respect of any continuous service provided that the consent of the consumer has been obtained prior to the report being requested;
      • assessing an application for insurance, provided that the consent of the consumer has been obtained prior to the report being requested;
      • verifying educational qualifications and employment provided that the consent of the consumer has been obtained prior to the report being requested;
      • obtaining consumer information to distribute unclaimed funds, including pension funds and insurance claims;
      • tracing a consumer by a credit provider in respect of a credit agreement entered into between the consumer and the credit provider;
      • developing a credit scoring system by a credit provider or credit bureau.
  2. You warrant that you shall at all times comply with all applicable legal or regulatory requirements and constraints in regard to your access to and use of the Credit Bureau information and services.
15. Indemnity
  1. The Applicant shall be solely liable for any claims of whatever nature arising as a result of all actions taken or decisions made in reliance on the information contained in any Reports and/or the Recommendations, as the case may be (collectively the “Information”)
  2. The Credit Bureaux and/or WinCredit shall not be liable for any actual or contingent loss, liability, expense, costs or damage of whatsoever nature (whether direct, indirect, consequential or otherwise) suffered by the Applicant as a result of, or which may be attributable to or caused by –
    1. the breach by the Applicant of any of its obligations as set out in the Agreement;
    2. the use by the Applicant or any third person of any of the Information after the date of termination of this Agreement for any reason whatsoever;
    3. any mistake, error or omission in the Information, including mistakes, errors and omissions originating from Information submitted to the Credit Bureaux and/or WinCredit by the Applicant or any other third party;
    4. any delay or failure in delivering or in any manner communicating or making available the information to the Applicant;
    5. an event of force majeure; and/or
    6. the downtime of any telecommunications line and/or infrastructure and/or facilities.
  3. Without prejudice to any of the rights of the Credit Bureaux and WinCredit at law or in terms of this Agreement, the Applicant indemnifies the Credit Bureaux and/or WinCredit against all actual or contingent losses, liabilities, damages, costs (including legal costs on the scale as between attorney and own client and any additional legal costs) and expenses of any nature whatsoever which the Credit Bureaux or WinCredit may suffer or incur as a result of or in connection with the negligent acts or omissions of the Applicant in carrying out it obligations under this Agreement.
16. Disclaimer
  1. While every effort is made to eliminate any errors, you acknowledge that no software is error-free and so this Software is provided “as is”, and consequently you agree to back-up your data regularly.
  2.  You acknowledge and agree that:
    1. WinCredit does not operate or control any of the Credit Bureaux information and services;
    2. WinCredit does not act as an agent of a Credit Bureau; and
    3. WinCredit does not warrant that your access to the Credit Bureaux information and/or the Credit Bureaux services or any part thereof, will be uninterrupted or error free, or that defects will be corrected, or that the Delivery Mechanisms are free of viruses, infections, bugs or the like.
17. Force Majeure
  1. If any party is prevented from carrying out any of its obligations as a result of an act of God, strikes, fire, riot, war (whether declared or not) embargoes, export control, international restrictions, shortage of transport facilities, any order of any international authority, any court order, any requirements of any authority or other competent local authority, the downtime of any communications line or any other circumstances whatsoever which are not within the reasonable control of such party, such party will be deemed to have been released from its obligations to perform under this Agreement to the extent that and for so long as it is so prevented from performing, this Agreement will be deemed to have been suspended to such extent and for the period concerned.
  2. As soon as a party becomes aware that an act of force majeure is likely to cause a suspension of this Agreement, it shall give notice in writing to the other party, estimating the approximate duration of such suspension. The estimate shall not be binding and the party claiming force majeure shall:-
  3. Use its best endeavours to terminate the circumstances giving rise to the force majeure; and
  4. Give notice to the other party as soon as the force majeure ceases to operate.
18. Cession of Agreement
  1. The Applicant shall not cede any of its rights or delegate any of its obligations under this Agreement or otherwise assign this Agreement to any third party without the prior written approval of WinCredit, which approval will not be unreasonably withheld. WinCredit may cede this agreement at its discretion without notice to you.
19. Legal Costs
  1. If, as a result of any breach by you of any of the terms of this Agreement, WinCredit and/or a Credit Bureau incurs any legal, professional and/or other costs and/or disbursements (including the costs of any letter of demand, tracing agents fees and collection commissions), you shall be liable for and shall pay on demand, all costs and disbursements so incurred, on the scale as between attorney and own client.
20. South African law
  1. This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as applied and interpreted in the Province of the Western Cape will prevail.
21. Arbitration
  1. In the event of any dispute or difference arising between the Parties relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the dispute shall in the first instance be referred to the Parties senior executives for resolution. In the event of the dispute not having been resolved within seven business days of the date of such referral (or such longer period as the parties senior executive may agree in writing), the dispute or difference will be referred for arbitration to the Arbitration Foundation of South Africa (“AFSA”) in terms of AFSA’s arbitration rules for the time being in force.
  2. This clause shall constitute each party’s irrevocable consent to the arbitration proceedings, and no party shall be entitled to withdraw from such arbitration proceedings or to claim that it is not bound by this clause.
  3. Each of the parties hereby irrevocably agrees that the decision of the arbitrator in the arbitration proceedings:-
    1. shall be final and binding on each of them; and
    2. will be carried into effect; and
    3. be made an order of any court to whose jurisdiction the parties are subject.
  4. Be made an order of any court to whose jurisdiction the parties are subject.
  5. Notwithstanding the a foregoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision or the award of the arbitrator in terms of this clause.
22. General
  1. This document constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, promise or the like not recorded herein.
  2. This Agreement supersedes and overrides any other terms and conditions (whether written or oral) which may have been concluded between WinCredit and the Applicant.
  3. In the event of a conflict between the provisions of the Agreement and the Act, as read with the Regulations, the provisions of the Act as read with the Regulations will prevail.
  4.  No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
  5.  No indulgence which either party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, which shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past, or which might arise in the future.
  6. If any provision hereof is held to be illegal, invalid or unenforceable for any reason, such provision shall be deemed to be pro non scripto, but without affecting, impairing or invalidating any of the remaining provisions of this Agreement which shall continue to be of full force and effect.
  7. All provisions of this Agreement and any schedule or appendix hereto shall be independent of each other and deletion from or the invalidity of any such provision or schedule shall not affect the remainder of this Agreement.
  8. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any of the annexures hereto, as they may be revised from time to time, the provisions of this Agreement shall prevail.
  9. Without prejudice to any other provision of this Agreement, any successor in title, including any executor, heir, liquidator, judicial manager, curator or trustee, of either party shall be bound by this Agreement.
23. Contact Information (domicilium citandi et executandi)
  1. Any correspondence associated with this Agreement will be addressed to your address as contained in the WinCredit Subscriber Application Form.
  2. WinCredit elects the address within this Agreement as its address to which you should address all correspondence.
  3. The Parties shall be entitled from time to time by written notice to one another, to vary their domicilium to any other physical address in the Republic of South Africa.
  4. Any notice, which is:-
    1. posted by pre-paid registered post to a Party’s domicilium for the time being shall be deemed to have been received by the Party on the 7th (seventh) day after the date of posting;
    2. delivered by hand during the normal business hours of a Party at the Party’s domicilium for the time being shall be deemed to have been received by the Party at the time of delivery;
    3. sent by telefacsimile during the normal business hours of a Party at the Party’s domicilium for the time being shall be deemed to have been received by that Party on the 1st (first) business day following the transmission thereof.
  5. The term “writing” or “written” in this clause 23 excludes “data messages” as defined in the Electronic Communications Transactions Act of 2002.

Updated: January 2017 (Version 1.6)