Datanamix | Legal

Terms and Conditions

Datanamix Website Terms and Conditions of Use & Service Agreement between Datanamix (PTY) Limited and YOU.

Terms and Conditions

The Parties

1.1 DATANAMIX (PTY) Ltd

1.2 You, the Visitor to or User of the Datanamix Website, AppFlow systems and/or Datanamix on-boarding systems and Services.
Interpretation

2.1 The headings to the clauses of this Agreement are for reference purposes only.

2.2 Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related words and expressions will be interpreted with corresponding meanings:

2.2.1 “AFSA” means the Arbitration Foundation of Southern Africa;

2.2.3 “Acceptance Date” means the date on which You visit the Datanamix Website and agree to these Terms and Conditions of Use and Service either by clicking on "I acknowledge that I have read and understand the terms and conditions of this website" or, by continuing to browse the Websites or, by using any of Datanamix's online systems (like but not limited to on-boarding systems);

2.2.4 “Agreement” means this Website Terms and Conditions of Use and Service Agreement;

2.2.5 “API” means Application Programming Interface that enables software components to communicate with each other.

2.2.6 “Batch” Information means information provided in bulk format;

2.2.7 “CPA” means the Consumer Protection Act, 68 of 2008;

2.2.8 “CPA Regulations” means the regulations made under section 120(1) of the CPA, Vol. 550 No 34180;

2.2.9 “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information and credit related information;

2.2.10 “Consumer” in relation to the Datanamix Service means individual natural persons (human beings) or juristic persons with an asset value or annual turnover, at the time of the transaction under two million (R2m) South African Rand (the current threshold).

2.2.11 "Data Message" means information in an electronic format generated, sent, received or stored by electronic means and Electronic Communications and Transactions;

2.2.12 “Direct Marketing” means an approach to a Person by Electronic Communication for the purpose of promoting or offering in the ordinary course of business to supply goods or services;

2.2.13 “Do Not Contact” or “DNC Registry” means the Registry contemplated in section 11 of CPA and section 4 of the CPA Regulations;

2.2.14 “ECT” means the Electronic Communications and Transactions Act 25, of 2002;

2.2.15 “ECT Required Information” means the information required to be made available in terms of section 43 of ECT;

2.2.16 “Electronic Communication” means a data message via electronic transmission including via Websites, WAP Sites, email and similar technology;

2.2.17 “Electronic Transaction” means business of either a commercial or non-commercial nature and includes the provision of information and the Datanamix Service;

2.2.18 “GSM” means the Global System for Mobile Communications;

2.2.19 “Information” means facts or details about something or somebody, and includes the facts and details on, Personal Information, credit, trace and deeds searches for Persons (natural and juristic), Third Party Service Providers and the Legal Notices published on the Datanamix Website. “Data” shall have the same meaning as Information;

2.2.20 “Intellectual Property” means the rights to copyright in any work in terms of the Copyright Act, 98 of 1978, to trade mark in terms of the Trade Marks Act, 194 of 1993, to design in terms of the Design Act 195 of 1993, to patents in terms of the Patents Act, 57 of 1978, including any applications for any of these and any names, licenses, know-how, trade secrets and data associated with these and, rights to domain names;

2.2.21 “Legal Notices” means this Agreement together with any other notices published on the Datanamix Website and Datanamix Blog located at www.datanamix.com/media, from time to time including, but not limited to the Datanamix Privacy Policy, Consumer Protection Rights Notice, Email Legal Notice and Terms and Conditions of Use;

2.2.22 “NCA” means the National Credit Act, 34 of 2005;

2.2.23 “Non-Consumer” means Juristic persons (bodies corporate, partnerships, associations or trusts) with an asset value or annual turnover at the time of the transaction equal to or more than two million (R2m) South African Rand (the current threshold).

2.2.24 “Parties” means Datanamix and You and “Party” means either one of these as the context requires;

2.2.25 “Datanamix” incorporating iNamix™ means the trade name of the Datanamix Service accessed via the Datanamix Website, Datanamix is a company part of the Flownamix Group of Companies;

2.2.26 “Datanamix Service” means Access to Information relating to natural and juristic persons and property provided by Third Party Service Providers via an API;

2.2.27 “Datanamix Website” mean the Websites owned and operated Datanamix located at http://www.pverify.co.za

2.2.28 “Person” means a natural or juristic person;

2.2.29 “Personal Information” for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation , personal information shall however include but not be limited to, information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including, but not limited to race, gender, sex, marital status, age, financial, criminal or employment history of the person, identifying number, symbol, email address, physical address, telephone number, location information, online identifier, biometric information of the person; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,

2.2.30 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including but not limited to collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination, merging, linking, and restriction, degradation, erasure or destruction of information;

2.2.31 “Record” means information required to be retained in compliance with South African law, Datanamix business or information that may be required as evidence;

2.2.32 “Service” means the things defined in CPA and includes but is not limited to the provision of access to, or right of access to information and/or communication infrastructure, and includes the Datanamix Service;

2.2.33 “Marks” means any trade marks, service marks, logos, domain names or other marks of Datanamix, whether registered or not;

2.2.34 “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002, and the RICA Amendment Act, 48 of 2008;

2.2.35 “Third Party Service Providers” means but is not limited to the Companies and Intellectual Property Commission of South Africa, the South African Revenue Services, the South African Department of Home Affairs, the South African Deeds Office and several of South Africa’s largest credit bureaus;

2.2.36 “Uncontrollable Event” means fire, flood, earthquake, acts of nature or of God, riots, civil disorder, rebellions or revolutions in any country or any other cause beyond the control of Datanamix including the disruption, suspension or termination of services provided by a third party to Datanamix that may result in the Datanamix Websites and/or Service not being available;

2.2.37 “User” means a Person who has agreed to these Terms and Conditions of Use, applied for and been granted Access to the Datanamix Service and whom if a Consumer, is over eighteen (18) years of age;

2.2.38 “Visitor” means a person accessing, viewing or browsing the Datanamix Website;

2.2.39 “Writing” means a written document executed by hand on paper and that excludes either wholly or partly any part of a data message as defined in ECT; and

2.2.40 “You” means Visitor or User and the party mentioned in 1.2 above.

2.3 Any reference in this Agreement to:

2.3.1 A “clause” will, subject to any contradiction, be interpreted to mean a clause in this Agreement; and

2.3.2 A “law” will be interpreted to include the common law, statute law, the 1996 Constitution of South Africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure.

2.4 Unless inconsistent with the context, an expression which denotes:

2.4.1 Any one gender includes the other genders; and

2.4.2 The singular includes the plural and vice versa.

2.5 Any reference to an enactment in this Agreement is to that enactment as at the Acceptance Date and as amended or re-enacted from time to time.

2.6 The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.
2.2.16 “Electronic Communication” means a data message via electronic transmission including via Websites, WAP Sites, email and similar technology;

2.2.17 “Electronic Transaction” means business of either a commercial or non-commercial nature and includes the provision of information and the Datanamix Service;

2.2.18 “GSM” means the Global System for Mobile Communications;

2.2.19 “Information” means facts or details about something or somebody, and includes the facts and details on, Personal Information, credit, trace and deeds searches for Persons (natural and juristic), Third Party Service Providers and the Legal Notices published on the Datanamix Website. “Data” shall have the same meaning as Information;

2.2.20 “Intellectual Property” means the rights to copyright in any work in terms of the Copyright Act, 98 of 1978, to trade mark in terms of the Trade Marks Act, 194 of 1993, to design in terms of the Design Act 195 of 1993, to patents in terms of the Patents Act, 57 of 1978, including any applications for any of these and any names, licenses, know-how, trade secrets and data associated with these and, rights to domain names;

2.2.21 “Legal Notices” means this Agreement together with any other notices published on the Datanamix Website and Datanamix Blog located at www.datanamix.com/media, from time to time including, but not limited to the Datanamix Privacy Policy, Consumer Protection Rights Notice, Email Legal Notice and Terms and Conditions of Use;

2.2.22 “NCA” means the National Credit Act, 34 of 2005;

2.2.23 “Non-Consumer” means Juristic persons (bodies corporate, partnerships, associations or trusts) with an asset value or annual turnover at the time of the transaction equal to or more than two million (R2m) South African Rand (the current threshold).

2.2.24 “Parties” means Datanamix and You and “Party” means either one of these as the context requires;

2.2.25 “Datanamix” incorporating iNamix™ means the trade name of the Datanamix Service accessed via the Datanamix Website, Datanamix is a company part of the Flownamix Group of Companies;

2.2.26 “Datanamix Service” means Access to Information relating to natural and juristic persons and property provided by Third Party Service Providers via an API;

2.2.27 “Datanamix Website” mean the Websites owned and operated Datanamix located at http://www.pverify.co.za
Introduction and Background

3.1 Datanamix provides software, hardware and services that integrate physical and digital communications channels.

3.2 The Datanamix Service provides Access to Information provided by Third Party Service Providers via an API.

3.3 DATANAMIX DOES NOT PROVIDE THE INFORMATION. IT MERELY PROVIDES ACCESS TO THE INFORMATION.

3.4 IN PROVIDING ACCESS TO THE INFORMATION FROM THIRD PARTY SERVICE PROVIDERS, DATANAMIX DOES CREATE ITS OWN COPYRIGHT IN THE COMPILATION OF THE INFORMATION PRESENTED TO YOU AND IS A RESPONSIBLE PARTY AND A PROCESSOR OF PERSONAL INFORMATION AS ENVISAGED BY SOUTH AFRICA’S PROPOSED PROTECTION OF PERSONAL INFORMATION LEGISLATION.
This Agreement - Applicability

4.1 Datanamix grants You, a limited licence to use the Datanamix Websites and Service subject to the terms of this Agreement.

4.2 This Agreement is in compliance with legislation that affords You rights and serves to inform You of Your obligations when visiting the Websites or using the Datanamix Service. This Agreement derives legal force and effect from the Electronic Communications and Transactions Act 25, of 2002.

4.3 IF YOU DO NOT AGREE TO THIS WEBSITE AND SERVICE TERMS AND CONDITIONS OF USE AGREEMENT YOU SHOULD LEAVE THE WEBSITE AND NOT USE THE DATANAMIX WEBSITE OR SERVICE. PLEASE NOTE THAT CONTINUED USE CONSTITUTES AGREEMENT.

4.4 PLEASE NOTE THAT YOUR LEGAL RIGHTS AND REMEDIES WILL DIFFER DEPENDING UPON WHETHER YOU ARE A CONSUMER OR A NON-CONSUMER AS DEFINED IN THE CPA.

4.5 Where you have signed an agreement with Datanamix, such as but not limited to an Information Processing Agreement or Master Services and Data Agreement, the terms and conditions of this website will be read and agreed to in conjunction with such an agreement.
Commencement, Availability and Termination

5.1 This Agreement will commence on the Acceptance Date and continue indefinitely until amended or terminated by Datanamix or, you stop using the Service.

5.2 Cancellation Policy

5.2.1 The use of Datanamix services, in the event where any option except pay-as-you-go is chosen, can be cancelled by giving 30 days written notice.

5.2.2 Credits are not refundable.

5.2.3 Where any option other than pay-as-you-go is applied, the full monthly minimum billing amount outstanding for the remaining period will be become payable immediately upon cancellation.

5.3 DTANAMIX RESERVES THE RIGHT TO CORRECT, AMEND AND REVISE THIS AGREEMENT AND THE SERVICES AS AND WHEN NECESSARY IN THE SOLE AND ABSOLUTE DISCRETION OF DATANAMIX. EACH TIME AN AMENDMENT IS MADE, DATANAMIX WILL PLACE A PROMINENT NOTICE ON THE DATANAMIX WEBSITES BRINGING THE AMENDMENT TO YOUR ATTENTION. WHERE MATERIAL AMENDMENTS AFFECT YOU, DATANAMIX WILL ALWAYS GIVE YOU 14 DAYS NOTICE PRIOR TO THE CHANGES TAKING EFFECT. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE AWARE OF AND UNDERSTAND ALL THE PREVAILING TERMS AND CONDITIONS.

5.4 Subject to clause 5.3 each amended version of this Agreement current when You visit the Website and/or use the Service will be the version of the Agreement applicable between Datanamix and You and will govern the Electronic Transaction which took place at that time.
How the Datanamix Service Works

6.1 Before You register and use the Datanamix Service, You should familiarise yourself with how the Datanamix Service works.

6.2 Prior to participating in the Datanamix Service You are required to register by clicking on this link https://secure.pbverify.com/signup/step1.php where you will be required to opt-in to the Datanamix Service and to provide Personal and other Information, including but not limited to Your:

6.2.1 First and family names as recorded in Your South African identity book;

6.2.2 South African identity number where You act for Yourself as a natural person or as a sole proprietor of a juristic person;

6.2.3 Position, where You are authorised to represent a juristic person;

6.2.4 Email address;

6.2.5 Mobile telephone number;

6.2.6 Registered company name and number and, Value Added Tax number;

6.2.7 Company phone and facsimile number; and

6.2.8 Your company’s physical and postal address.

6.3 Prior to confirmation of registration and access to the Datanamix Services, Datanamix will conduct an online identity verification on You by running Your identity number through the Datanamix Service identity verification system, matching Your name and the information provided to the database record of the South African Department of Home Affairs.

6.3.1 By continuing to use this website, or other websites mentioned in these terms and conditions, or the products and services offered, you agree that your information may be collected, used and stored for the purposes as described in 6.3

6.4 If You have provided incorrect information about Yourself or your company, the verification will fail and You will be denied access to the Datanamix Service. In such an event, it may be possible for you to register through a manual verification process.

6.5 Once Your information has been provided and validated, Datanamix will auto- generate a random One Time Password (OTP) and send it to the mobile telephone number you provided via a Short Message Service (SMS).

6.6 When You receive the OTP by SMS, You will be prompted to insert the OTP into the second step of the registration process (double opt-in). If the OTP You insert matches the OTP sent to Your mobile telephone number, Datanamix will email Your login credentials to You for authentication to the Datanamix Service.

6.7 For iNamix registrations; When You receive the OTP by Email, You will be prompted to insert the OTP into the second step of the registration process (double opt-in). If the OTP You insert matches the OTP sent to Your registered Email address, You will be permitted to finalise Your order on the iNamix order form.
Time, Place and Validity of Electronic Transactions

7.1 In accordance with ECT, Data Messages are deemed received from You only when receipt is confirmed by a response from Datanamix. Data Messages are deemed sent as and when reflected in Datanamix server logs.

7.2 Data Messages are deemed as having been sent from and received at Datanamix’s usual place of business and as having been sent from and received at Your usual place of residence or business.

7.3 A data message from You will be deemed as having been sent by You personally or a person who had authority to act on Your behalf.
Cooling-off rights

8.1 You have no cooling off rights in terms of ECT.

8.2 You may have rights under the CPA, depending upon your status as a Consumer. If you are uncertain as to your rights, please contact us via the process outlined in section 21 below and Datanamix will assess each enquiry on a case-by-case basis.
Privacy Policy

9.1 All confidential and Personal Information obtained from or about You will be maintained and secured in accordance with the Datanamix Privacy Policy, this Agreement and the other Legal Notices.
Security and Acceptable Use of the Website, Email and Electronic Communication Functionality

10.1 The Datanamix Website and Service includes functionality that enables Electronic Communications and Transactions between You and Datanamix that facilitate Your participation in the Datanamix Service. Other Electronic Communication functionality exists to support voice and email communications, support services, Direct Marketing and social media participation.

10.2 The Datanamix Service includes a secure payment gateway employing technologies appropriate to online financial transactions including, but not limited to, 256-bit Secure Sockets Layer (SSL) encryption and authentication services verifying that Datanamix controls the Website.

10.3 The Datanamix Service employs GSM for inter alia, the communication of SMS messages, the most popular standard for mobile phones and mobile security in the world.

10.4 YOU SHOULD NEVERTHELESS BE AWARE THAT EVEN THOUGH DATANAMIX EMPLOYS TECHNOLOGIES AND PAYMENT SYSTEMS THAT ARE SUFFICIENTLY SECURE WITH REFERENCE TO INTERNATIONAL STANDARDS, SSL AND GSM ARE INHERENTLY INSECURE. YOU, AS THE USER, ARE REQUIRED TO ACTIVELY PROTECT YOUR OWN SECURITY, THAT OF THE DATANAMIX SERVICE AND THE INFORMATION.

10.5 You hereby agree to generally acceptable Website and Electronic Communications etiquette. In this regard you will be deemed to have read the Datanamix Email Legal Notice and other Legal Notices published on the Datanamix Websites and incorporated into this Agreement by reference.

10.6 You hereby agree to further acquaint yourself with the risks associated with the use of the Internet and information technologies and to abide by generally acceptable security standards. Datanamix will take all reasonable precautions as required from a service provider of online services, but YOU, AS THE USER, NEED TO BE AWARE THAT THE SECURITY OF YOUR COMMUNICATIONS CANNOT BE GUARANTEED.

10.7 Datanamix is committed to complying with legislation and ensuring the availability of the Datanamix Websites and Service to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, You agree not to use the Website or Service in a manner that:

10.7.1 Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of Datanamix systems and networks or those of Third Party Service Providers;

10.7.2 Interferes with the use or enjoyment of other Persons Access to or use of the Website or Service;

10.7.3 Infringes Intellectual Property rights;

10.7.4 Results in the publication of threatening or offensive material that is disrespectful of the rights of others;

10.7.5 Results in unsolicited communications (spam);

10.7.6 Introduces unwanted scripts, bots, backdoors or any kind of security risk;

10.7.7 Leads to a compromise of Your access credentials (user name or password);

10.7.8 Constitutes any form of social engineering;

10.7.9 Breaches confidentiality; or

10.7.10 Is a violation of privacy.

10.8 YOU REMAIN PERSONALLY LIABLE FOR THE CONSEQUENCES OF CONTRAVENTION OF THESE SECURITY PROVISIONS AND / OR FAILURE TO COMPLY WITH LAW, MOST SPECIFICALLY, THOSE THAT REGULATE CREDIT.

10.9 Datanamix reserves the right to restrict or to refuse Access to Persons whose behaviour repeatedly disrupts the Datanamix Service, who act unlawfully, in contravention this Agreement or who fail to meet reasonable security standards appropriate to the circumstances.

10.10 IF YOU ARE FOUND TO HAVE CONTRAVENED THE SECURITY AND ACCEPTABLE USE PROVISIONS OF THIS AGREEMENT DATANAMIX MAY DISABLE, BLOCK OR TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME WITHOUT HAVING TO GIVE REASONS OR EXPLANATIONS FOR DOING SO.

10.11 Should You become aware of any unacceptable use of the Datanamix Website or Service, please contact [email protected]
English Language

11.1 THE DATANAMIX SERVICE IS CURRENTLY CONDUCTED ONLY IN ENGLISH.

11.2 IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU PROPERLY UNDERSTAND THIS AGREEMENT AND THE LEGAL NOTICES.

11.3 Neither Datanamix nor its personnel, consultants, advisers, partners or affiliates shall be liable for losses or claims arising from Your inability to understand English.
Intellectual Property

12.1 The Datanamix Website, Service and the Information provided to You, comprise Intellectual Property protected under South African law and international treaties. Unless otherwise indicated, Datanamix reserves all rights in and to the Intellectual Property owned by or licensed to Datanamix or the Flownamix Group.

12.2 You may make a temporary copy of part or all, of the Website on Your computer or mobile device for the purpose of viewing it. You may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to Datanamix. Subject to the limited license granted to You by Datanamix, You may not in any form or by any means, without the prior written consent of Datanamix:

12.2.1 Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any Website content or Information;

12.2.2 Claim ownership of all or any part of the Website content or Information;

12.2.3 Modify or repost the Website content or Information;

12.2.4 Create a link to https://www.datanamix.com, http://www.MypbVerify.co.za or the Datanamix Blog from another Website; or

12.2.5 Copy, incorporate, store, frame or embed all or any part of the Datanamix Websites content on another website or retrieval system.

12.3 Marks referenced on the Datanamix Websites are the registered or unregistered Intellectual Property of Datanamix. Any unauthorised use of these assets is strictly forbidden.

12.4 Third party Intellectual Property assets, including but not limited to patents, designs, names, goods and services referenced on the Datanamix Websites are the Intellectual Property of various third parties. Any unauthorised use of these assets is strictly forbidden.
Information and Record Retention

13.1 Datanamix is committed to complying with legal, business and evidential requirements for information and record retention.

13.2 Other than the records that you provide to Datanamix through use of the registration process, “Contact Us”, email and other Electronic Communication functionality, Datanamix does not keep records of Information provided to you through the Service.

13.3 IT IS YOUR RESPONSIBILITY TO KEEP RECORDS AND BACKUPS OF YOUR INFORMATION AND TO ENSURE THE CONFIDENTIALITY AND SECURITY OF THE INFORMATION.

13.4 It is your responsibility to keep all information updated and to notify us if your information has changed.
Access to Information

14.1 Should you require a record relating to yourself, please send an email to [email protected] or access the Datanamix Promotion of Access to Information Manual available on the Datanamix Websites.
National Credit Act 34 of 2005 and the Regulations in terms of the National Credit Act, No. 489 of 31 May 2006

15.1 The NCA the NCA Regulations and various consumer and privacy laws govern the provision and use of credit related Information.

15.2 PRIOR TO REGISTERING FOR THE SERVICE YOU ARE REQUIRED TO GIVE THE SPECIFIC UNDERTAKINGS IN SECTION 16 BELOW. YOUR USE OF THE SERVICE IS CONDITIONAL UPON PROVIDING DATANAMIX WITH THESE UNDERTAKINGS.

15.3 Where a credit agreement, or credit application is relevant, you agree to comply with the terms and conditions of such credit agreement along with these terms and conditions and any other relevant rules and regulations that may be provided to you in order to continue using this website of the Datanamix services and product.

15.4 It is important to note that any credits bought will expire after 12 months from the date of purchase and are non-refundable.

15.5 Effective from 10 September 2021, in terms of Section 49 (1)( e) of the NCA, all search results from a Credit Bureau will be removed 72 hours after the search result was issued. This affects historical searches that were carried out prior to 10 September 2021.
User Registration Undertakings

16.1 THIS UNDERTAKING IS GIVEN BY THE USER AS A NATURAL PERSON AND / OR AS THE AUTHORISED REPRESENTATIVE OF A JURISTIC PERSON ORGANISATION (COMPANY DIRECTOR, CLOSE CORPORATION MEMBER, TRUSTEE OF TRUST)

16.1.1 I, THE USER, WARRANT THAT I AM LIABLE IN MY PERSONAL CAPACITY AND FULLY AUTHORISED TO ACT ON BEHALF OF THE ORGANISATION IN SEEKING ACCESS TO CREDIT BUREAU AND RELATED INFORMATION AND TO BIND THE ORGANISATION TO FORM VALID LEGAL RELATIONSHIPS;

16.1.2 I WARRANT AND CONFIRM THAT THE ORGANISATION AND I, IN MY PERSONAL CAPACITY, ARE AWARE OF AND COMPLY, IN ALL MATERIAL RESPECTS, WITH THE NATIONAL CREDIT ACT 34 OF 2005 AND THE REGULATIONS IN TERMS OF THE NATIONAL CREDIT ACT, NO. 489 OF 31 MAY 2006, IN SO FAR AS THESE ARE RELEVANT TO THE ORGANISATION’S ACTIVITIES, SPECIFICALLY, SECTION 70(2)(G) OF THE ACT, AND SECTION 18(4) AND (5) OF THE REGULATIONS;

16.1.3 I WARRANT AND CONFIRM THAT THE ORGANISATION AND I, IN MY PERSONAL CAPACITY, ARE AWARE OF THE SOUTH AFRICAN REGULATORY FRAMEWORK FOR CREDIT RELATED INFORMATION, INCLUDING CONSUMER RIGHTS (CONSUMER PROTECTION ACT 68 OF 2008), ACCESS TO INFORMATION (THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000) AND PRIVACY (THE CONSTITUTION OF SOUTH AFRICA 1996 AND THE PROPOSED PROTECTION OF PERSONAL INFORMATION ACT) AND THAT I COMPLY WITH THE PROVISIONS OF THESE LAWS; AND

16.1.4 I FURTHER WARRANT AND CONFIRM THAT ALL INFORMATION PROVIDED BY ME IN ORDER TO ACCESS THE DATANAMIX SERVICE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

16.1.5 SERVICE DESCRIPTION: Public Trace and Credit Bureau information will be provided to me as the User of the Service by Datanamix via an online web interface located at secure.pbverify.com or by means of batch submission.

16.1.6 DISCLAIMER: Nothing in the Service provided constitutes legal, tax or financial advice nor does it necessarily reflect the views of Datanamix. I, the User shall bear the full risk and responsibility of using the service.

16.1.7 INDEMNITY: To the fullest extent permissible in law, I the User unconditionally and unreservedly indemnify and hold Datanamix, its affiliates, public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and / or costs, of whatsoever nature, howsoever and whensoever arising, as a result of and without limitation, from the use of the Datanamix Service.

16.1.8 CONSENT TO ACCESS CREDIT AND CREDIT RELATED INFORMATION: I, the User, warrant and confirm that the prior written consent has been given for a report required for a purpose set out in regulation 18, sub-regulation (4)(c) or (e) to (g) of the Regulations to the National Credit Act.

16.1.9 RIGHT TO AUDIT: Within 24 hours of a written request by Datanamix, which request may be given electronically, I, the User will furnish Datanamix with proof of consent in terms of 16.1.8 above

16.1.10 CONFIDENTIALITY AND RECORD-KEEPING: I, the User warrant and confirm that I shall keep all confidential information confidential and that I shall comply with legal record keeping obligations.

16.1.11 AUTHORISATION: I, the User authorise Datanamix to forward Personal and other Information, including biometric information, provided by me in support of this registration to Third Party Service Providers (including but not limited to the South African Department of Home Affairs, the South African Revenue Services, educational institutions, credit bureaus and fraud prevention organisations) for verification purposes in order to gain access to the Datanamix Service.
Monitoring, Interception and Access to Information

17.1 To comply with law and in line with international standards and best practice relating to the use of information technology in its business, Datanamix monitors and intercepts live communications such Website activity, email and Electronic Communications in compliance with RICA.

17.2 Subject to the provisions of ECT, South African and international privacy principles, Datanamix will where necessary and if required by law, access static information created, received, communicated and stored by Datanamix as part of its business.

17.3 Subject to the provisions of RICA and ECT, You agree to monitoring, interception and access to information relating to the use of the Datanamix Websites, Blog Sites and related Electronic Communications.
Governing Law

18.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Communication

19.1 You agree that Datanamix may from time to time send you communications regarding, but not limited to the Datanamix Service.

19.2 You will always have the choice to:

19.2.1 Inform Datanamix that you do not wish to continue receiving communications;

19.2.2 Opt –out of receiving communications by using the functionality provided; or

19.2.3 Block any communications by registering on the DNC Registry as contemplated in CPA.
Complaints

20.1 YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO DATANAMIX FIRST, IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT BEFORE YOU PROCEED TO ANY RELEVANT AUTHORITY.

20.2 In this regard, please direct all complaints to [email protected]
Enquiries

21.1 All enquiries must be made by contacting our call support desk by email to [email protected]

21.2 Depending on the nature of the enquiry Datanamix will endeavour to deal with enquiries within forty-eight (48) hours of receiving them. Datanamix does not, however, warrant that enquiries will be responded to within this timeframe.
Alternative Dispute Resolution

22.1 SUBJECT TO CLAUSE 20 ABOVE, AND WITHOUT RESTRICTION ON ANY OF YOUR RIGHTS TO APPROACH A COMPETENT COURT OR FORUM OF YOUR CHOICE, RELATING TO A DISPUTE ARISING FROM THIS AGREEMENT, YOU AGREE TO CONFIDENTIAL ARBITRATION PRIOR TO PROCEEDING TO COURT OR OTHER FORUM.

22.2 YOU AGREE THAT ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT SHALL BE FINALLY RESOLVED IN ACCORDANCE WITH THE RULES OF THE AFSA BY AN ARBITRATOR OR ARBITRATORS APPOINTED BY THE FOUNDATION AND THAT SUCH PROCEEDINGS SHALL BE HELD IN JOHANNESBURG IN ENGLISH.

22.3 YOU EXPRESSLY ACKNOWLEDGE THAT THE ARBITRATION PROCEEDING AGREED TO IN 22.1 ABOVE PREVENTS YOU FROM ENTERING INTO A CLASS ACTION LAWSUIT AGAINST DATANAMIX IN RELATION TO ANY DISPUTE ARISING FROM THIS AGREEMENT.

22.4 Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
Enforceability

23.1 This Agreement constitutes the entire agreement between Datanamix and You in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of this Agreement shall be of any force or effect unless recorded in a Written document and Signed by or on behalf of the duly authorised representatives of the Parties.

23.2 Any data message as defined in ECT, or a copy, printout or extract of such a message Signed by an authorised Datanamix officer will be absolute proof of the contents of the copy, printout or extract of such a message.

23.3 No failure or delay on the part of either Party in exercising any right in terms of this Agreement shall operate as a waiver nor, shall any single or partial exercise of any right prevent any other or further exercise thereof, or the exercise of any other right.

23.4 Should any clause or term of this Agreement be invalid, unenforceable or illegal, the remaining terms and provisions of the Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this Agreement.
Limitation of Liability

24.1 TO THE FULLEST EXTENT PERMITTED IN LAW, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE DATANAMIX WEBSITE AND SERVICE ARE AT YOUR SOLE DISCRETION AND RISK. DATANAMIX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES SUFFERED BY YOU, WHETHER ARISING FROM A VISIT TO THE WEBSITE, THIS AGREEMENT, THE DATANAMIX SERVICE OR OTHERWISE.
Uncontrollable Events

25.1 DATANAMIX SHALL NOT BE HELD RESPONSIBLE FOR ANY UNCONTROLLABLE EVENTS OR FOR OUTAGES OR FAILURERS ON ITS SYSTEMS, THE INTERNET OR BY THIRD PARTY SERVICE PROVIDERS.

25.2 USE OF THE SERVICE NOT TIMEOUSLY MADE OR OPPORTUNITIES PERCEIVED TO BE LOST DUE TO OUTAGES AND FAILURES WILL NOT BE REFUNDED UNDER ANY CIRCUMSTANCES.

25.3 Datanamix provides no guarantee for nor warrants the constant and uninterrupted availability of its Website, Service and / or technical systems.
Links to external Third Party Web and WAP Sites

26.1 Datanamix may provide links from the Datanamix Websites to external third party websites. Any such link, is provided for Your use and convenience and does not constitute an endorsement, recommendation or certification by Datanamix of the external link. The presence of links should not in any way be construed as a suggestion that the external link has a relationship with Datanamix. Datanamix is not responsible for the content or practices of any third party website accessed through these external links.
No Warranty

27.1 THIS WEBSITE HAS NOT BEEN CUSTOMISED FOR ANY SPECIFIC INDUSTRY OR INDIVIDUAL NEED AND IS PROVIDED TO THE PUBLIC AS A WHOLE WITH THE RESULT THAT THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF RELIABILITY, FITNESS FOR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DATANAMIX WILL ENDEAVOUR TO TAKE ALL REASONABLE CARE TO ENSURE THE ACCURACY OF INFORMATION AND THE AVAILABILITY OF THE WEBSITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES. AS SUCH, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Indemnity

28.1 TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD DATANAMIX, ITS AFFILIATES, PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:

28.1.1 VISITING OR USING THE WEBSITE AND/OR DATANAMIX SERVICE AND ELECTRONIC COMMUMICATIONS;

28.1.2 DOWNLOADING SEARCH CONTENT AND INFORMATION;

28.1.3 RELIANCE ON THE WEBSITE, SEARCH CONTENT AND/OR INFORMATION;

28.1.4 LINKS TO OTHER DATANAMIX OR THIRD PARTY WEBSITES OR EXTERNAL LINKS;

28.1.5 HARDWARE, SOFTWARE, SYSTEM OR NETWORK MALFUNCTION; OR

28.1.6 ANY OTHER CAUSE WHATSOEVER ARISING FROM OR RELATING TO VISITING OR USING THE DATANAMIX WEBSITE AND/OR DATANAMIX SERVICE.
Skill, Diligence and Care

29.1 Datanamix will exercise reasonable skill, diligence and care as may reasonably be expected from a similar Website provider.
Service Suspension

30.1. In the event that the terms and conditions as agreed to or the payment terms are not met, Datanamix will be allowed to suspend the services provided.
30.2. This will entail that 5 days’ written notice, by means of email, will be given where after all services provided will be disconnected.
30.3. In order for the services to be continued all outstanding fees will need to be paid in full
30.4. A reconnection fee of one thousand five hundred rand will also be applicable if services were suspended due to non-payment.
30.5. Such reconnection fee must be paid along with the outstanding amount before services will be reconnected and continued.
Pricing

31.1. All Datanamix Credits purchased on Datanamix are NON-REFUNDALE.
31.2. All credits purchased expire after 12 months.
31.3. Datanamix reservices the right to update/change pricing at any time.
31.4. All pricing excluded VAT
Payment options accepted

32.1 Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (Your Company) bank account, the details of which will be provided on request.

32.1.1 Card acquiring and security

32.1.1.1 Card transactions will be acquired for Datanamix via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.

32.1.1.2 Users may go to www.paygate.co.za to view their security certificate and security policy.

32.1.2 Customer details separate from card details

32.1.2.1 Customer details will be stored by Datanamix separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to

32.1.3 Merchant Outlet country and transaction currency

32.1.3.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

External Document references

Consumer Protection ACT 
PDF/ECT Act 25 of 2002.pdf 
PDF/NATIONAL CREDIT ACT REGULATIONS.pdf 
PDF/National Credit Act.pdf 
PDF/PAIA 2 0f 2000.pdf 
PDF/PAIA-Reg187.pdf 
PDF/_32186_467.pdf 
PDF/RICA Act 70 of 2002.pdf

ECT Required Information

Name:	DATANAMIX (Pty) Limited
Legal status:	Privately held company
Physical address and the address  for receipt of legal service of  documents	Building 39, Waterford Office Park, Maroeladal, Fourways, Johannesburg, 2191
Postal address:	Building 39, Waterford Office Park, Maroeladal, Fourways, Johannesburg, 2191
Phone numbers:	+27 10 823 5194
Facsimile number:	+27 (0) 11 466 2678
Website address:	https://datanamix.com
Email address:	[email protected]
Company registration number:	2018/528728/07
VAT registration number:	4670307455
Place of registration:	South Africa
Directors and office bearers:	Leon van der Merwe,  Eugene Smit,  Sean Bennett
Full price of goods and services:	https://datanamixdev.com/datanamix-pricing/
Manner of payment:	Electronic Funds Transfer, Credit card,  Debit Card and 30Day Account
Terms of agreement and URL to access terms:	https://datanamix.com/terms-conditions/
Security procedures and privacy policy:	https://datanamix.com/terms-conditions/

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