Terms And Conditions

COMMENCEMENT AND DURATION

THE AGREEMENT SHALL COMMENCE ON THE DATE THAT THE REGISTRATION PAGE IS FORWARDED TO SWINDLED (“THE COMMENCEMENT DATE”) FOR AS LONG AS MEMBER PAYS THE MONTHLY MEMBERSHIP FEE.

FEES

FEES ARE AS SET OUT IN SWINDLED .CO.ZA SITE

EACH TRANSACTION PROCESSED THROUGH THE SWINDLED SITE IS FREE.

IN THE EVENT OF A CHANGE IN THE RATE OF VALUE ADDED TAX (VAT) OR ANY OTHER CHARGE THAT IS IMPOSED ON THE SWINDLED SERVICES BY THE SOUTH AFRICAN GOVERNMENT OR AN ORGAN THEREOF, SWINDLE.CO.ZA WILL BE IMMEDIATELY ENTITLED TO INCREASE THE FEE BY THE AMOUNT THAT THE CHARGE WAS INCREASED.

THE MEMBER HEREBY AGREES THAT A MAXIMUM OF THREE IP ADDRESSES WILL BE USED PER MEMBERSHIP FEE

THE MEMBER HEREBY AGREES THAT IT WISHES TO RECEIVE INVOICES ELECTRONICALLY.

SUBMISSION AND USE OF DATA SENT TO SWINDLED.CO.ZA

THE MEMBER UNDERTAKES TO ENSURE THAT DATA THAT IS SUBMITTED BY IT AND ITS USERS CONTAINS THE FOLLOWING INFORMATION IN RESPECT OF A DEFAULTER; AS MUCH INFORMATION AS POSSIBLE INCLUDING .

INITIALS AND SURNAME OR FULL NAMES AND SURNAME; OR BUSINESS NAME OR BOTH.

  • THE RESIDENTIAL ADDRESS.
  • TELEPHONE NUMBER.
  • EMAIL ADDRESS.

THE MEMBER UNDERTAKES THAT ANY DATA SUBMITTED TO SWINDLED SHALL BE ACCURATE, UP-TO-DATE , RELEVANT COMPLETE AND NOT DUPLICATED

THE MEMBER UNDERTAKES THAT ANY DATA SUBMITTED TO SWINDLED MAY BE UTILISED AS REFERENCE.

PLEASE NOTE

EMAIL ADRRES AND CONTACT NUMBERS MUST ACCOMPANIED ALL SUBMISIONS OF DEFAULTERS

REASON FOR LISTING DEFAULTER MUST BE COMPLETED.

FRANCHISES OR BRANCHES WILL PAY A MEMBERSHIP FOR EACH FRANCHISE OR BRANCH

USE OF MEMBER DATA SENT TO SWINDLED

THE MEMBER ACKNOWLEDGES AND AGREES THAT

  • THE DATA CONTAINED IN THE MEMBER APPLICATION FORM MAY BE CHECKED BY SWINDLED TO ENSURE THE ACCURACY THEREOF
  • SWINDLED MAY DISCLOSE INFORMATION RELATING TO THE MEMBERS USE OF THE SWINDLED SERVICES TO ANY CREDIT BUREAU OR TO SATISFY ANY REQUIREMENT IN LAW OR AS DIRECTED BY THE NATIONAL CREDIT REGULATOR.

USE OF DATA SENT TO A MEMBER

ANY INFORMATION RELASED BY SWINDLED TO A MEMBER SHALL IN NO WAY BE CONSTRUED AS AN OPINION OF SWINDLED ON THE SOLVENCY FINANCIAL STANDING, CREDITWORTHINESS, INTEGRITY OR MOTIVES OF ANY PARTY REPORTED UPON BUT MERELY REFLECTS A RECORDING OF INFORMATION RECEIVED BY SWNDLED.CO.ZA FROM VARIOUS SOURCESFROM TIME TO TIME . USE OF THE RECOMMENDATIONS AND THE INFORMATION CONTAINED WITHIN THE CREDIT REPORTS REQUIRES THE USE OF THE MEMBER SKILL AND JUDGEMENT. THE MEMBER SHALL BE SOLELY LIABLE FOR ALL OPINIONS RECOMMENDATIONS, FORECASTS OR COMMENTS MADE OR ACTIONS TAKEN IN CONNECTION WITH THE RECOMMENDATIONS AND INFORMATION CONTAINED IN THE REPORTS.

THE MEMBER UNDERTAKES THAT IT WILL ONLY USE THE DEFAULTERS CREDIT INFORMATION PROVIDED FOR THE PRESCRIBED PURPOSE AS INDICATED BY SWINDLED.CO.ZA BY MEANS OF THE WEB SITE

TECHNICAL SPECIFICATIONS AND SECURITY

SWINDLED WILL PROVIDE MEMBERS WITH TECHNICAL SPECIFICATIONS FROM TIME TO TIME IN ORDER TO ENSURE THAT THE SECURITY OF ITS SYSTEM AND RELATED SYSTEMS ARE NOT COMPROMISED AND FOR OPERATIONAL REASONS. THE MEMBER UNDERTAKES TO ABIDE BY THESE TECHNICAL SPECIFICATIONS AND TO IMPLEMENT THEM AS SOON AS POSSIBLE AFTER THEY HAVE BEEN RELEASED BY SWINDLED. FAILURE TO ABIDE BY THESE TECHNICAL SPECIFICATIONS COULD RESULT IN INCORRECT DATA BEING RECEIVED AND/OR SUBMITTED BY THE MEMBER AND/OR DAMAGES SUSTAINED BY THIRD PARTIES FOR WHICH THE MEMBER WILL BE HELD STRICTLY LIABLE

THE MEMBER UNDERTAKES TO ENSURE THAT.

  • THE USERNAME AND PASSWORD OF EACH USER IS EXCLUSIVELY USED BY THAT PARTICULAR USER.
  • NOT TO PROVIDE THE USERNAME AND PASSWORD OF ANY USER TO ANY PERSON WHATSOEVER ASIDE FROM THE PRIMARY CONTACT.
  • IT WILL NOTIFY SWNDLED AS SOON AS POSSIBLE AFTER IT BECOMES AWARE OF ANY SECURITY BREACH;
  • IT WILL NOT TAMPER WITH REVERSE-ENGINEER OR DISCLOSE CONFIDENTIAL INFORMATION ABOUT THE SECURITY SYSTEMS OF SWINDLED
  • IT WILL BE RESPONSIBLE FOR THE ACTIONS OF ANY OF THE USERS THAT IT ALLOWED TO HAVE ACCESS TO SWINDLED.CO.ZA

INTELLECTUAL PROPERTY

THE MEMBER AGREES THAT

  • NO UNAUTHORISED USE OF SWINDLED AND/OR OTHER MEMBERS INTELLECTUAL PROPERTY – WHICH INCLUDES ITS DESIGNS, TRADEMARKS COPYRIGHTED WORKS OR PATENTS – IS PERMITTED; AND
  • ALL RIGHTS TITLE AND INTEREST IN AND TO THE INTELLECTUAL PROPERTY VESTS IN SWINDLED .CO.ZA RESPECTIVELY AS APPROPRIATE. NOTHING IN THIS AGREEMENT TRANSFERS OWNERSHIP IN ANY OF THE INTELLECTAUL; PROPERTY TO ANY PARTY.

CONFIDENTIALITY AND PRIVACY

THE PARTIES HEREBY WARRANT THAT THEY WILL NOT DISCLOSE THE CONFIDENTIAL INFORMATION TO ANY UNAUTHORIZED THIRD PARTY AND WILL USE THEIR UTMOST EFFORTS AND DILIGENCE TO GUARD AND PROTECT THE CONFIDENTIAL INFORMATION.

IN THE EVENT THAT ANY CONFIDENTIAL INFORMATION IS DISCLOSED, WHETHER INTENTIONALLY, NEGLIGENTLY OR OTHERWISE, THE PARTY WHO BECOMES AWARE OF THIS DISCLOSURE WILL INFORM THE OTHER PARTY IN WRITING AS SOON AS POSSIBLE.

ALL PAYMENT INFORMATION AND PERSONAL INFORMATION PROVIDED TO SWINDLED.CO.ZA IS STORED ELECTROICALLY AND IS ONLY ABLE TO BE ACCESSED BY SWINDLED EMPLOYEES. IF SPECIFICALLY REQUIRED SWINDLED IS OBLIGED TO PROVIDE PERSONAL DATA TO A CREDIT BUREAU/CREDIT REGULATOR IN ORDER FOR THE CREDIT BUREAU/CREDIT REGULATOR TO FULFILL ITS FUNCTIONS IN TERMS OF THE NCA. THIS INFORMATION IS ENCRYPTED AND PROTECTED BY AUTHENTICATION MECHANISMS TO ENSURE THAT THIS INFORMATION IS NOT DISCLOSED TO UNAUTHORIZED PERSONS.

WARRANTIES

SAVE AS SPECIFICALLY SET OUT HEREIN SWNDLED MAKES NO REPRESENTATIONS AND WARRANTIES AND/OR GUARANTEES OF WHATEVER NATURE, WHETHER EXPRESS, IMPLIED IN LAW OR RESIDUAL, IN RESPECT OF THIS AGREEMENT, THE SWINDLED SERVICES AND/OR THE ACCURACY OR CORRECTNESS OF THE REPORTS AND/OR THE RECOMMENDATIONS.

THE MEMBER HEREBY WARRANTS THAT

  • IT WILL ABIDE BY THE TERMS OF THIS AGREEMENT AND IN PARTICULAR WARRANTS THAT IT WILL HONOUR THE UNDERTAKINGS AS SET OUT IN THIS AGREEMENT.

INDEMNITY

THE MEMBER HEREBY INDEMNIFIES SWINDLED.CO.ZA FROM ANY CLAIMS OF WHATEVER NATURE ARISING AS A RESULT OF ANY ACTIONS TAKEN OR RELIANCE MADE ON INFORMATION PROVIDED BY SWINDLED.CO.ZA MEMBERS

SWINDLED .CO.ZA WILL NOT BE LIABLE FOR AN ACTUAL OR CONTINGENT LOSS, LIABILITY EXPENSE, COSTS OR DAMAGE OF WHATSOEVER NATURE (WHETHER INDIRECT, DIRECT, CONSEQUENTIAL OR OTHERWISE) SUFFERD BY THE MEMBER AS A RESULT OF.

  • A BREACH OF THIS AGREEMENT BY THE MEMBER;
  • THE USE OF ANY DATA PROVIDED BY SWINDLED.CO.ZA AFTER THE TERMINATION OF THIS AGREEMENT ;
  • ANY MISTAKE, ERROR OR OMISSION RELATED TO DATA SUBMITTED TO OR RECEIVED FROM SWINDLED.CO.ZA
  • ANY DELAY OR FAILURE TO COMMUNICATE WITH SWINDLED.CO.ZA AND
  • AN EVENT OF AN ACT OUT OF GOD

WITHOUT PREJUDICE TO ANY OF THE RIGHTS OF SWINDLED.CO.ZA AT LAW OR IN TERMS OF THIS AGREEMENT THE MEMBER INDEMNIFIES SWINDLED AGAINST ALL ACTUAL OR CONTINGENT LOSSES; LIABILITIES, DAMAGES COSTS (INCLUDING LEGAL COSTS ON THE SCALE AS BETWEEN ATTORNEY AND CLIENT AND ANY ADDITIONAL LEGAL COSTS) AND EXPENSES OF ANY NATURE WHATSOEVER WHICH SWINDLED MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH THE NEGLIGENT ACTS OR OMISSIONS OF THE MEMBER IN CARRYING OUT ITS OBLIGATIONS IN TERMS OF THIS AGREEMENT.

DISCLAIMER

ALL INFORMATION PROVIDED TO THE MEMBER IS PROVIDED ON AN “AS IS” BASIS. SWINDLED.CO.ZA DOES NOT HAVE CONTROL OVER THE DATA PROVIDED BY THE MEMBER AND WILL NOT BE HELD RESPONSIBLE FOR ANY ERROR OR OMISSION RELATED TO THE DATA. IN ADDITION SWINDLED.CO.ZA DOES NOT WARRANT THAT THE SWINDLED.CO.ZA SERVICES WILL BE UNINTERRUPTED, ERROR – FREE, FREE OF VIRUSES OR DESTRUCTIVE CODE OR THAT DEFECTS WILL BE CORRECTED.

CESSION

THE MEMBER SHALL NOT BE ENTITLED TO CEDE OR ASSIGN ANY OF THE RIGHTS CONTAINED HEREIN WITHOUT THE EXPRESS WRITTEN PERMISSION OF SWINDLED.CO.ZA SWINDLED.CO.ZA MAY CEDE THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO YOU WHICH NOTICE MAY BE COMMUNICATED ELECTRONICALLY

LEGAL COSTS

IN THE EVENT THAT THE MEMBER BREACHES THIS AGREEMENT, IT SHALL BE LIABLE FOR ANY LEGAL PROFESSIONAL AND/OR OTHER COSTS AND/OR DISBURSEMENTS (INCLUDING THE COSTS OF ANY LETTER OF DEMAND TRACING AGENTS FEES AND COLLECTION COMMISSIONS) THAT ARE INCURRED DUE TO THIS BREACH ON THE SCALE AS BETWEEN ATTORNEY AND OWN CLIENT.

TERMINATION

MEMBERSHIP WILL BE TERMINATED

  • IF A MEMBER DOES NOT PAY MONTHLY MEMBERSHIP FEE
  • IF A MEMBER SUPPLIES FALSE INFORMATION
  • IF A MEMBER DOES NOT REMOVE DEFAULTERS THAT HAVE PAID TIMEEOUSLY
  • IF A MEMBER USES THIS SITE FOR PERSONAL GAIN OR VENDETTA
  • IF MEMBER HAS MORE THAN THREE IP ADDRRESES PER MEMBERSHIP CONTRIBUTION

BREACH OF AGREEMENT

IN THE EVENT THAT THE MEMBER BREACHES ANY TERM OF THIS AGREEMENT SWINDLED.CO.ZA WILL BE ENTITLED TO CANCEL THIS AGREEMENT IMMEDIATELY BY NOTICE IN WRITING OR VIA EMAIL WITHOUT PREJUDICE TO ANY OF ITS OTHER RIGHTS AND REMEDIES WHICH INCLUDE ANY RIGHT TO CLAIM DAMAGES AND INDEMNIFICATION.

WAIVER AND FAILURE TO ENFORCE RIGHTS

NO EXTENSION OF TIME OR INDULGENCE GRANTED BY EITHER PARTY TO THE OTHER SHALL BE DEEMED IN ANY WAY TO AFFECT PREJUDICE OR DEROGATE FROM THE RIGHTS OF SUCH PARTY IN ANY RIGHTS HEREUNDER OR A NOVATION OF THIS AGREEMENT.

GOVERNING LAW

THIS AGREEMENT SHALL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA AND THE PARTIES SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE HIGH COURT OF SOUTH AFRICA.

GENERAL

THE EXPIRATION OR TERMINATION OF THIS AGREEMENT SHALL NOT AFFECT SUCH OF THE PROVISION OF THIS AGREEMENT AS EXPRESSLY PROVIDE 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 NO EXPRESSLY PROVIDE FOR THIS.

IF ANY PROVISION OF THIS AGREEMENT IS UNENFORCEABLE OR INVALID UNDER LAW THE REMAINING SUBSTANCE OF SUCH PROVISION AND REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE TO BE BINDING AND IN FULL FORCE AND EFFECT PROVIDED THE ESSENTIA ECONOMIC BENEFITS OF THIS AGREEMENT ARE RETAINED..

CONTACT INFORMATION

THE PARTIES CHOOSE THEIR CONTACT INFORMATION AND DOMICILIUM CITANDI EXECUTANDI AS FOLLOWS;

  • THE MEMBER – AS FOUND IN THE REGISTRATION FORM ;
  • SWINDLED.CO.ZA – AS SET OUT IN THE MEMBER APPLICATION FORM AND THE WEB SITE IN THE EVENT OF A DISCREPANCY BETWEEN THESE DETAILS THE DETAILS AS FOUND ON THE WEB SITE WILL PREVAIL.
  • EITHER PARTY MAY VARY ITS DOMICILIUM CITANDI ET EXECUTANDI BY PROVIDING WRITTER NOTICE TO THE OTHER WHICH MAY BE PROVIDED ELECTRONICALLY.

ENTIRE AGREEMENT AND VARIATION

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN SWINDLED AND THE MEMBER AND SUPERSEDES ANY EXPRESS OR IMPLIED ORAL REPRESENTATION OR ANY ADVERTISING BY A PARTY NO VARIATION OF THIS AGREEMENT IS VALID UNLESS REDUCED TO WRITING AND AGREED TO BY SWINDLED.CO.ZA

NOTWITHSTANDING CLAUSES ABOVE THIS AGREEMENT MAY BE AMENDED BY SWINDLED.CO.ZA POSTING AN AMENDED AGREEMENT ON THE WEB SITE WHICH SHALL BE DEEMED TO BE EFFECTIVE AND BINDING ON THE PARTIES ON THE DATE AS SET OUT THEREIN .IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE CURRENT VERSION OF THE AGREEMENT AND THE PREVIOUS VERSION..THE PREVIOUS VERSION POSTED ON THE WEB SITE SHALL PREVAIL.
 


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