By accessing or using the web application, any of its associated sites or the services (“the Services”), these terms of use (“the Terms”) and the terms of our Privacy Policy will automatically apply to all users – you should make sure therefore that you read them carefully before using the Services.

Section 1 -Introduction

Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services (“the User/s).

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Services.

The Services itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to WhoYou (Pty) Ltd , which we refer to as “we / us” throughout).

You are not allowed to copy or modify the Services, any part of the Services, or our trademarks in any way.

Any views or statements made or expressed on our site are not necessarily our views, or that of any of our related organisations, subsidiaries, affiliates, employees, or agents.

Definitions

“NCA” shall mean the National Credit Act, No 34 of 2005, as amended from time to time, including any regulations made under the Act;

“Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI and includes, but is not limited to a name, address, email address, telephone or fax number, fingerprints, criminal history and education or other personal credentials provided, or which is collected from the consumer/ data subject or other third Party, before and/or during the background screening process and/or thereafter, which shall be deemed to also include “Consumer Credit Information” as defined in section 70 of the NCA;

“POPI” shall mean the Protection of Personal Information Act, No 4 of 2013, as amended from time to time, including any regulations made under the Act.

Section 2 – Usage and Eligibility

In order to use the Services, you must:

• be at least eighteen (18) years old or legally assisted to enable you to enter into a legally binding contract;
• complete the account registration process;
• agree to these Terms;
• provide true, complete, and up-to-date personal, contact and billing information;
• give us permission to process your Personal Information and acknowledge that you understand the purposes for which it is required and for which it will be used and that we any or another third party may utilise your Personal Information for verification or other legitimate purposes as set out in the NCA;
• utilise them on smart device with at least the minimum capabilities as published on our site from time to time;
• have appropriate organisational, technical and security measures in place to keep your phone and access to the Application secure;
• have minimum internet connectivity and appropriate amounts of available data.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.

We may refuse service, close accounts of any Users, and change eligibility requirements at any time.

Consent

Account and Password

You are responsible for keeping your account name and password confidential.

You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity for which we are directly responsible and that isn’t performed in accordance with your instructions), whether or not you authorized that activity.

Your account may not be named in a manner that misleads other Users into thinking that you are another person or organization. For example, your account’s URL or name is not the name of a person other than yourself or your organization.

You must immediately notify us of any unauthorized access or use of your account.

We are not responsible for any losses due to stolen or hacked passwords. We don’t have access to your chosen password, and for security reasons, if we receive a request to reset your password you must take steps to change it to a unique password, that only you know, immediately.

We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate

Section 3 – Nature and Duration

When you create an account and agree to these Terms, the Agreement between us commences.

The Terms will remain effective, as long as you have an account with us or until you or we terminate the Terms in accordance herewith, whichever happens first, subject to the provisions of Section 6 which shall remain in operation indefinitely.

If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Either of us may terminate the Terms at any time and for any reason by terminating your account with us or by giving notice to the other party.

We may also suspend the Services to you at any time, in our sole discretion.

We reserve the right to charge a reactivation fee if your account is suspended or terminated for any reason.

Section 3 – Acceptable Use

You agree not to use the Services to collect, upload, transmit, display, or distribute any content that:

• violates any third-party right, including any personality right, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy or publicity rights, defamatory, false, intentionally misleading, patently offensive, promotes harm of any kind against any group or individual or is otherwise objectionable;
• is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

• utilise any device which has been modified, adapted, exploited to remove any software restrictions or limitations imposed by the official operating system of the device, or undergone any other practice to gain root access;
• utilise the Services to upload any Personal Information which you know to be untrue or inaccurate and to have taken reasonable steps to ensure that all the Personal Information reported to us is accurate, up-to-date, relevant, complete, valid and not duplicated;
• utilise the Services to upload any Personal Information that forms part of a pending dispute;
• upload, transmit, or distribute to or through the Services any computer viruses, worms, Trojan Horse or any software intended to damage or alter a computer system or data;
• use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
• use the Services for a purpose other than a prescribed purpose, or a purpose permitted in terms of the NCA, POPI or any other Applicable legislation;
• interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);
• harass or interfere with any other User’s use of the Services.

We reserve the right, but shall not be obliged to review any content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your content, terminating your Account and/or reporting you to the relevant law enforcement authorities.

Section 4 – Fees and Payment.

By using our Services you agree to pay us the subscription fees published on our site for your selected service.

Payments will be charged and processed directly through us or through our third-party payment provider, as nominated from time to time. The fees will be debited on the day you sign up for a service and will cover the use of that service for a monthly or other period, as indicated or agreed.

Any monthly fee shall be due and payable to us in advance on the billing date as displayed. We reserve the right to suspend the accounts of Users who fail to make payments on their selected subscription plan. All fees are non-refundable, in whole or in part, even if the service is suspended, cancelled or transferred prior to the end of your then current service month.

Section 5 – National Credit Act, POPI and other legislation

In order for your use and reliance on the Personal Information, including Confidential Information as defined by the NCA and POPI, and/or our Services, you make the following material warranties in our favour:

• you are lawfully entitled to submit the Personal Information to us;
• if you store the Personal Information, it shall be for the same purpose as agreed to herein. Alternatively, purely for audit purposes and shall not be re-used at any time after the date of enquiry for any other purposes whatsoever;
• in the event that you re-use any information that you have received from us, you agree that you may become the responsible party in respect of the Personal Information as set out in POPI and you agree to any accompanying duties and obligations in respect thereof;
• any Personal Information shall be used by you solely and exclusively for purposes required or permitted by the NCA and other applicable legislation;
• you shall, as required by s 68 of the NCA, protect the confidentiality of any Personal Information and in particular shall only release such Personal Information to us in accordance with the NCA, which includes only releasing such Personal Information as directed by the instructions of the Consumer or prospective Consumer, as the case may be;
• you shall ensure that your staff who use our Personal Information are suitably trained and skilled in such use;
• you shall only use the Personal Information on equipment owned, operated or controlled by you or on such other site as agreed by the Parties;
• you shall not allow any third party to amend, modify or otherwise alter the Personal Information without our prior written consent;
• before submitting any adverse credit information to us, you will (as required by Regulation 19(4) of the NCA) give the Consumer twenty (20) Business Days’ written notice of your intention to submit the adverse Consumer Credit Information to us;
• you will not submit adverse information on Consumers relating to debts that have prescribed (and are therefore unenforceable) in terms of the Prescription Act, No. 68 of 1969;
• you shall not submit adverse consumer credit information to us unless the required minimum monthly or such other instalment payments have not been paid for a minimum period of at least three (3) consecutive billing cycles;
• you shall not submit adverse consumer credit information to us if any arrears owing on an account are settled within the 20 business days’ notice period contemplated in Regulation 19(4) or if the consumer has disputed liability for the outstanding amounts, within the 20 business days’ period prescribed in Regulation 20(2);
• upon settlement of the amount in arrears which forms the subject matter of any adverse information you submitted to us, you shall in your next data submission advise us that the arrears have been settled;
• unless legally entitled to do so, you do not and shall not take an upfront fee in order to remove any Personal Information appearing on a Consumer’s credit bureau records;
• where you have obtained default judgment against a consumer, upon settlement of the capital amount of the judgment debt you shall notify us of the settlement within seven days of such settlement;
• if you are an employment agency, recruitment consultant, staffing company or employer and you access Personal Information from us for employment purposes you certify (that in addition to having consent of the job applicant/ prospective employee to conduct the enquiry per Regulation 18(5)) that any and all such requests relate to positions requiring honesty in dealing with cash or finances and the job description of such positions are clearly outlined;
• if you are a credit provider, as regulated by the NCA you shall submit consumer Personal Information to us in the manner and form prescribed by the National Credit Regulator through conditions of registration and guidelines issued by the National Credit Regulator;

Section 6 – Liability

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that:

• you assume full responsibility for any loss that results from your use of the application, including any downloads from our site;
• you assume full responsibility for your use and reliance on the credit information, Personal Information and/or our Services;
• we are not liable for any delay or failure in delivering the Services, for any reason whatsoever, which may include the downtime of or availability of any communications lines, telecommunications service or infrastructure or power utility lines, or an event of force majeure;
• we will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and
• in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, delict (including negligence), or otherwise—will be no more than what you paid to us in the preceding month.

For the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Services in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

No Warranties

To the maximum extent permitted by law, we provide the Services on an “as-is” basis.

This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Services, either express or implied.

This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement.

Indemnity

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.

You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, on an attorney and own client scale, that directly or indirectly result from any of the following:

• your Content;
• your use of the Services;
• any data protection breach, not reasonably foreseeable by us;
• your violation of any laws or regulations;
• third-party claims that you or someone using your password did something that, if true, would violate any of these Terms;
• any misrepresentations made by you; and
• a breach of any representations or warranties.

Disclaimers

We are not responsible for the behaviour of any third parties, agencies, linked websites, or other Users, including third-party applications, products, or services for use in connection with the Service ( “Third-Party Integration”). Your use of any Third-Party Integration and rights in respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

Section 7– General

Changes to these Terms and Conditions

These Terms are subject to change without notice. Unless you terminate your account, the new Terms will be effective immediately upon publication on our site and apply to any continued or new use of the Services. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

Application of the Electronic Communications and Transactions Act

No information or data on our site is an offer, but merely an invitation to become a User and make use of the Services.

Data messages, such as e-mail, are only deemed to have been received by us once replied to and such a reply does not include an auto-reply.

The full name and legal status of the application and or website owner is WhoYou (Pty) Ltd.

The full mobi/ website address is https://www.whoyou.co.za

Severability

These Terms constitute the entire agreement between us, the user of this Services. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.

In the event that any of these Terms are not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.

The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

Data charges

Utilisation of the Services through the Application may incur data charges, in terms of your agreement with mobile network provider. You assume liability for any and all charges levied by your mobile network provider.

Applicable and Governing Law

The Services are operated from the Republic of South Africa, and therefore the South African Law governs the use or inability to use this application, its site and services.

You consent to the jurisdiction of the South African courts for any dispute that may arise out of these Terms.

Contact Us

If you have any questions or suggestions about our Terms, please contact us at:

support@whoyou.co.za