terms and conditions
VeriBiz™ | STANDARD TERMS AND CONDITIONS OF USE. | By making use of any of our Services you accept the following terms and conditions:
VeriBiz and VeriBiz group websites, including Veriid.com, Verizone.co.za and VeriCredit.co.za ("VeriBiz") renders the services offered at www.VeriBiz.co.za ("the service(s)" or sub locations and domains "site/s") subject to the following standard terms of business. If you have any questions, submit a support ticket.
:. By digitally accepting the TERMS AND CONDITIONS contained herein, the Internet subscriber hereby legally accepts and binds to all conditions of this service and agrees to all acknowledgements and conditions in this document. The Internet subscriber will also be refered to herein after as "The Client", whose details are set out in the Account holder's digital profile on the VERIBIZ database of clients;
:. CURRENCY AND TRANSACTION SECURITY: All transactions are conducted in South African RAND (R) through PayGate (Pty) Ltd. When PayGate processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The paygate security policy can be found at http://www.paygate.co.za/securitypolicy.html. Please also read the PayGate Terms and conditions, located at http://www.paygate.co.za/Terms.html.
:. TERMS AND CONDITIONS OF SERVICE: By submitting an order through any of our services, you warrant that you have the required legal capacity to do so. This includes that you have obtained the express permission of the person who's ID number you are validating and that you are not in breach of the Consumer protection ACT. You indemnify us from any CLAIM AND/OR liability FROM any third party arising out of your instructions and/or use of the service/s.
:. ACKNOWLEDGEMENT BY THE CLIENT
:. The Client acknowledges and agrees, that it will at all times comply with the requirements of the Act and any other applicable legislation (to the extent that it is relevant to the Client) for the receipt, compilation and reporting of information. Without limiting the generality of the aforegoing, the Client specifically acknowledges and agrees that, when reporting Consumer Credit Information to VERIBIZ;
:. such information will include all mandatory data, prescribed in Section 19 (1) and Section 19 (2) of the Regulations;
:. it will have taken all reasonable steps to ensure that the information being reported, is accurate, up-to-date, relevant, complete, valid and not duplicated (as contemplated in Section 19 (3) of the Regulations), prior to such reporting;
:. of the nature contemplated in Section 19 (4) of the Regulations, such adverse information will not be submitted, unless and until the Client has given the consumer at least 20 business days notice of its intention to submit such information;
:. where the accuracy of such information, submitted by the Client to VERIBIZ is challenged, the Client shall not resubmit such information to VERIBIZ, until such time as the challenge has been finally resolved (in accordance with the procedure enumerated in Section 72 (3) (a) and (b) of the Act);
:. it will take all reasonable steps to ensure that, the information is not in respect of a debt that has prescribed in terms of the Prescription Act 68 of 1969 (as contemplated in Section 19 (5) of the Regulations); and
:. VERIBIZ may, at any time, and at its sole discretion:
:. remove any information (reported by the Client) from the VERIBIZ database with immediate effect; and
:. verify the accuracy of any statement or information obtained from the Client.
:. The Client acknowledges that it has an election to provide VERIBIZ with Consumer Credit Information, in so far as, such Consumer Credit Information is excluded by the Act, should the Act require Consumer Credit Information to be reported to VERIBIZ, the Client shall report such Consumer Credit Information to VERIBIZ.
:. The Client acknowledges that it has obtained Consent, in so far as the Act requires such consent to be obtained, from its customer and/or the consumer (in respect of whom it is submitting information to VERIBIZ), that any information conveyed by the Client to VERIBIZ, in respect of such customer or consumer, may be used by VERIBIZ, in the normal course of its business.
:. The Client acknowledges and agrees that, it may only request and receive Consumer Credit Information, for purposes contemplated in the Act and the Prescribed Purposes enumerated in Section 18 (4) of the Regulations (read in conjunction with Section 18 (5) where required). As such the Client undertakes to fill in all the required fields in Annexure C, diligently.
:. The Client acknowledges and agrees that, where the Client is a registered credit provider and enters into, amends or terminates credit agreements, or such credit agreements are satisfied, it shall (where it has elected to disclose same to VERIBIZ) disclose the information prescribed in Section 69 (2) of the Act, to VERIBIZ in accordance with the manner, form and times prescribed by the Act. Such information shall thereafter be transmitted by VERIBIZ to the National Credit Regulator.
:. The Client acknowledges that it is entitled to submit the Consumer Credit Information and Prescribed Information to VERIBIZ, for the purpose of VERIBIZ making such information available to its customers, and that such information is not subject to a duty of confidentiality between the Client and the consumer;
:. The Client shall immediately bring to the attention of VERIBIZ any breach or attempted breach of security of which it becomes aware. VERIBIZ may fully investigate such breach or attempted breach and the Cleint shall give its full cooperation with such investigation.
:. Save as specifically set out herein, VERIBIZ makes no representations and gives 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, as the case may be, or any part thereof.
:. Any information received on our registered SMS numbers constitute an irrevocable order and acceptance of the terms and conditions contained in this document.
:. Incorrect detail sent by anyone from your cellular account to any of our SMS numbers that cannot be used due to any reason whatsoever or that restrict us in any way from delivering the service/s are subject to non refundable billing by the service provider and are non refundable in any way by VeriBiz.
:. We cause applications to be made in accordance to the instructions given on our sites and then pursue them up to registration with the particular database owners and services which in turn constitutes an irrevocable registration and initial subscription with us.
:. While we endeavour to have a fast, efficient service, our turnaround time is in most instances determined by that of the various registrar's we work with. We can not accept responsibility for delays occasioned as a result of this.
:. The nature of the registration process dictates that we can not guarantee a successful registration. For a number of reasons outside of our control, an application may fail.
:. If you proceed to place an order with us without first reviewing the information published on our site, you do so at your own risk. Any information published on our site is however not intended as legal advice or advise of any other nature.
:. You irrevocably authorise us to act on the instructions that are given to us electronically through our site by any person logged in with your username and password or through your cell phone service provider by any person using your cell phone. Accordingly, the responsibility with regards to the secrecy of your username and password and also the use of your cell phone rests with you and we are not responsible for any liabilities in this regard.
:. We rely on the accuracy of various computerised records (such as the database operates by registrar's) and do not accept liability for any deficiency in this regard.
:. Monthly services can be cancelled on one month's prior notice in writing (which includes e-mail) or via the cancellation of services on our websites (where applicable).
:. If an application becomes subject to an objection or other complication, we will liaise with you regarding the proper course of action to be taken in the circumstances. Our fees are only in respect of registrations in the normal course (i.e. without objections or other complications). You may well need professional, legal advice should this occur, which is not included in the fee and should you decide to further any legal actions against any parties it will be at your own expense.
:. All the material (including the specific composition and concept thereof) available via the services are copyright protected in terms of applicable local and international copyright law. Copyright infringement is a criminal offence.
:. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the ABC bank account, the details of which will be provided on request
:. Credit card transactions will be acquired for VeriBiz via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
:. Customer details will be stored by VeriBiz separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
:. VeriBiz takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods .
:. This website is governed by the laws of South Africa and VeriBiz chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
:. LIMITATION OF LIABILITY
:. VERIBIZ shall not be liable for any actual or contingent loss, liability, expense, costs (including legal costs on the scale as between attorney and own client and any additional legal costs), or damage of whatsoever nature (whether direct, indirect, consequential or otherwise) suffered by the Client as a result of, or which may be attributable to or caused by –
- the breach by the Client of any of its obligations as set out in the Agreement;
- any mistake, error or omission in the Information, including mistakes, errors and omissions originating from Information submitted to VERIBIZ by the Client or any other third party, provided that the error and/or mistake is not as a result of VERIBIZ’s gross negligence or wilful misconduct;
- any delay or failure in delivering or in any manner communicating or making available the information to the Client, where such failure is not reasonably foreseeable by VERIBIZ;
- the downtime of any telecommunications line and/or infrastructure and/or facilities.
:. The Client shall be solely liable for any claims of whatever nature arising as a result of:
- all actions taken or decisions made in reliance on any information and/or the information contained in any Reports;
- the use of the Information (by the Client) for a purpose other than a Prescribed Purpose or a purpose contemplated in the Act;
- the Client breaching a duty of confidentiality to its customer and/or consumer, as the case may be.
REFUND POLICY
Credit Card transactions
If you are dissatisfied with any aspect of our service and we are unable to rectify matters to your satisfaction, we will refund you 100% to a maximum of ONE CREDIT at the rate you paid for it. To claim on this guarantee you must notify us by means of a support message sent to support@veribiz.co.za detailing your transaction and dissatisfaction of our service within 7 (seven) days of the transaction. Please supply us with the 13 digit ID number, your Email address, telephone number, banking details and why you are dissatisfied with the transaction.SMS Transactions
If you are dissatisfied with any aspect of our service and we are unable to rectify matters to your satisfaction, we will refund you, because of network charges, 50% to a maximum of ONE SMS at the rate you paid for it. To claim on this guarantee you must notify us by means of a support message sent to support@veribiz.co.za detailing your transaction and dissatisfaction of our service within 7 (seven) days of the transaction. Please supply us with the 13 digit ID number, the cell number used to send the SMS, your Email address, banking details and why you are dissatisfied with the transaction. No refunds can be made back into the cellular phone account, only into your nominated bank account.
Exclusions:
1. Any errors made (including incorrect number sequences, incorrect SMS formats or incorrect identity numbers) whilst sending the SMS will not be refunded.
2. Claims that the SMS was not send by you will not be refunded.
3. Claims that the SMS was not send by you, but by someone unauthorised to use your cellular phone account will not be refunded.
GENERAL TERMS AND CONDITIONS OF OUR SERVICES - continue
:. We are able to offer our services at the rates we do because the maximum liability of VeriBiz for any claims from whatsoever cause arising out of the services provided in connection with thIS/THESE site/S, or any other service/S, shall be limited to the amount of fees ACTUALLY paid FOR REGISTRATION in respect of any particular order. This liability shall be an aggregate liability for all claims from whatsoever source or nature and however arising, whether in contract, delict or otherwise AND WILL EXCLUDE the refunding of ANY MONTHLY FEES PAID FOR CONTINUAL SUBSCRIPTION FEES AFTER THE INITIAL REGISTRATION FEE.
:. You indemnify us from any CLAIM AND/OR liability FROM any third party arising out of your instructions and/or use of the service/s.
:. YOU INDEMNIFY US FROM ANY CLAIM AND/OR LIABILITY THAT MAY ARISE FROM ANY CAUSE WHATSOEVER AS A RESULT OF USING by ANY FORM OF ACTION OR TRUSTING IN ANY MANNER IN THE INFORMATION PROVIDED TO YOU OR TO ANYONE ELSE BY OUR SITE/S OR REPRESENTATIVES OF OUR SITE/S AND/OR FROM THE INFORMATION OBTAINED on our site/s in any means or ways.
:. YOU INDEMNIFY US OF FROM ANY CLAIM AND/OR LIABILITY FROM ANY THIRD PARTY OR YOURSELF ARISING FROM THE LOSS OF INFORMATION OR DATA DUE TO ANY FORM OF SECURITY BREACH/ES OF OUR DATABASE OF ANY KIND.
:. YOU INDEMNIFY US OF FROM ANY CLAIM AND/OR LIABILITY FROM ANY THIRD PARTY OR YOURSELF ARISING OUT OF DEFECT, ERROR OR INACCURACY OF ANY INFORMATION DISPLAYED ON ANY OF OUR SITES THAT WAS/IS OBTAINED FROM USERS OF THE SITE, ANY/ALL DATABASE RECORDS, DATABASE API'S, DATABASE ADMINISTRATORS, THIRD PARTY AFFILIATES, REGISTRAR'S OR BY ANY OTHER MEANS THAT WERE USED TO OBTAIN SUCH INFORMATION IN ANY WHICH WAY.
:. VeriBiz IS USED AT YOUR OWN RISK. Contact Us: 013-757 4000 EXT 4101 or by submitting a SUPPORT TICKET