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Terms and conditions
The following terms and conditions are applicable to obtaining your credit score through Nedbank. Please read them carefully before signing and please obtain clarification from Nedbank regarding any provisions or terms you are uncertain of prior to accepting these terms.
There are important provisions below that may, among other things: limit our risk or liability; create risk or liability for you; compel you to indemnify us; and/or serve as an acknowledgement by you of a fact. These provisions will be highlighted for your benefit.
You, as the client, confirm that the information provided in the application form are both true and correct, to the best of your knowledge. If incorrect information is supplied, Nedbank Limited Reg No 1951/000009/06 (the 'bank') will have the right immediately to discontinue any/all of the services should such false information prejudice the bank.
None of the provisions below are intended to unlawfully restrict, limit or avoid any rights or obligations under the Consumer Protection Act.
1.1 These Terms, upon your acceptance, create a binding agreement between yourself and Nedbank, please ensure that you have read and understood the terms prior to accepting. A copy of these Terms can be made available to you upon request.
1.2 References in these Terms and on our website to “we”, “our” or “us” are references to Nedbank Limited and/or (where the context permits) our third-party service provider together with their subcontractors. References to “you” and “your” mean each natural or legal person who uses our website or the associated services.
1.3 Your contractual relationship in relation to the services is at all times with Nedbank Limited and not with any of our affiliates, third party service providers or their subcontractors.
1.4 We may change these Terms at any time. We will notify you of any such changes by sending you an email alert and/or by posting a notice on our website or in any other manner we deem appropriate. You may opt out of the services at any time, whether due to a change in the terms of otherwise.
1.5 Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
2. Using the Service
2.1 The purpose of the Service is to provide you with a free financial management tool which may assist you in managing your financial wellbeing by providing you with up to date information regarding your credit history and activities.
2.2 You agree that in order for us to provide this Service we will need to access your personal credit information maintained by a registered credit bureau on a continuous basis, and consent thereto. Your consent may be withdrawn at any time by unsubscribing from the Service. In this regard all information we receive will be provided by Experian (Pty) Ltd, a registered credit bureau with the National Credit Regulator, we will not source or obtain information from any other source in relation to these Services.
2.3 In order to provide you the most accurate information, the information that we access and obtain when you sign up for the Service may include your personal credit information held with the credit bureau for a period of no more than 6 months prior to the date you registered for this Service.
2.4 You further consent that we may also continue to monitor future credit bureau activity on your profile, including obtaining details on any new credit applications which you may make in future to other financial institutions and that we may contact you regarding any such new credit applications.
2.5 In order to access the Service, you must register and create an online user profile. Any registration information that you provide to us must be accurate, current and complete in order to ensure accurate information is provided to you.
2.6 We will also have to validate your identity in order to ensure that we obtain the correct information, if we are unable to successfully validate your identity, we will be unable to provide you with the Services.
2.7 You agree that we may use this information to provide you with offers for suitable Nedbank products in line with your credit profile. These offers will at all times be subject to the necessary assessments being performed in line with legislation and only in the event that you have given consent to us in order to review your report in and to provide you with offers.
2.8 By accepting these Terms, you authorise and mandate and consent to us to;
a. obtain on a monthly basis on your behalf, as your authorised agent and representative, copies of your credit report and credit score from the designated credit bureau registered as such with the NCR in terms of the NCA;
b. hold on our systems and make this credit information available to you through our website as well to communicate same to you via email.
c. validate your identity which we will do during the registration process. If your identity has been successfully validated, we will be able to provide you with the Services as set out herein.
d. send to you your credit report on a monthly basis via email. .
e. send to you on a monthly basis via email communication that may be helpful in assisting you managing your financial wellbeing as well as information that may affect your financial wellbeing.
f. process your information as set out in your credit report in order to present you with offers for suitable Nedbank products, for as long as you are an active user of the Service. This processing will only be performed on the information contained in the credit report and only to provide you with Nedbank products, we will not share this information with any third parties or process this information to present you with any product that is not aligned with your credit profile.
2.9 In order to ensure that the information provided to you in terms of the Service is accurate, we will have to share your personal information with the credit bureau, we will however not share any information with the credit bureau that is not relevant to the Service;
2.10 You acknowledge and agree that when we access and retrieve information from the credit bureau we are doing so as your agent and representative. You agree that the credit bureau shall be entitled to rely on the foregoing authorisation and agency granted by you.
2.11 You will only receive monthly updates to your credit score and credit report while you remain an active user of our services.
2.10 The information we obtain from the credit bureau is specifically designed to not leave a “footprint” on your credit file. The information we obtain will not be seen by banks and issuers or providers of credit when you apply for their products.
3. Access to the Service
3.1 You must be at least 18 years of age and have a valid South African Identity Document to access the services. Additionally, you warrant that you do have the necessary legal and mental capacity to agree to and be bound by these terms.
3.2 This service is personal to you and may not be accessed to obtain reports on behalf of another person or used to obtain reports for other people or be used for any commercial purpose.
3.3 Should it appear that you are using the services in contravention of the above provisions or these Terms in general we may suspend and/or terminate your access to the Service.
3.4 We will not be obliged to restore any of your data which may be deleted in the course of suspending, withdrawing or restricting your access to our website or our services. You understand and acknowledge that it is your responsibility to print out and/or save any materials or data which you may require in the future.
4.3 You have the right to ask for a record or a description of your personal information (if we have it) and for the details of the third parties who have, or have had, access to your personal information, at no charge to you. If some of your information is not accurate, you may ask that we correct or delete your information. You may also withdraw your permission by notifying us, object to us having your personal information and complain to the Information Regulator.
5. Intellectual property rights
You acknowledge that in rendering the Service, we may be divulging our Confidential Information to you, including our Intellectual Property (“IP”). You agree that this information and its associated goodwill belongs to us.
You agree that your right to use the Confidential Information is limited to your subscription to the Service and you will not –
- publish or otherwise reproduce, repackage, modify, adapt, disseminate any of the Confidential Information, in whole or in part to any third party;
- transmit, transfer, distribute, re-distribute, copy, sell, re-sell, lease, rent, license, sub-license any of the Confidential Information, in whole or in part to any third party;
- allow any third party to link to the Confidential Information, in whole or in part in any way whatsoever; or
- use the Confidential Information, in whole or in part, in any form or manner or by any means whatsoever without our express prior written consent.
6. Limitation of our liability
We will take all reasonable steps to ensure that the information provided through the Service is correct. You acknowledge that if you rely on the information for any reason, such action is taken at your own risk.
Information, ideas and opinions provided as part of the Service should not be regarded as professional advice and we recommend that professional advice should be obtained prior to making any financial decisions based on information provided as part of the Service.
As part of the registration process, we will provide you with login details to use the service. You are obliged to keep your login details secure and we assume no responsibility should you profile be compromised due to you failing to keep these details secure.
Accordingly, as permitted in law, you hereby indemnify us and our members, directors, employees, or business partners against all claims, loss, demands, actions, damages and causes of action whatsoever that you or anyone related to you in any way may suffer arising directly or indirectly as a result of your use of the service.
7. Duration of the Services
If you no longer wish to receive the Service, you can unsubscribe at any time on our website.
Please note that if you withdraw consent to the processing of your personal data, access to our website and the services will be suspended or terminated. We will keep an archived record of your personal data for a period of up to 5 years after termination (unless a longer period is prescribed by law) for the purposes of responding to legal disputes and legal or regulatory enquiries or investigations only, but will not use this data for any other purpose.
The headings used in these Terms are for convenience only and shall not affect their interpretation. In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
You may contact us by calling:
0860 555 111
You may contact Experian by calling: 0861 105 665
Disputes and applicable law
If you have a query or dispute in respect of the Services, please contact us directly using the details provided in the section Contact Us below. If the query or dispute relates to any information, we have obtained from the credit bureau or third party service provider, you may contact the credit bureau directly by using the details provided above.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with South African law, without reference to any conflict of laws provisions.
Use of the words includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
We shall not be liable for any delay or failure to provide our services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.
Each of the provisions of these Terms (or part of any provision) is severable (ie each provision may be severed or cut from the Terms in order to leave the remainder of the Terms valid and standing). If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.
You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing.