|
ADG Guru Development cc ("Guru Development") provides the information contained
on this website and the pages comprising the website ("website") and advertises
and offers the service/s advertised on this website from time to time ("service/s")
to users ("you"), subject to the terms and conditions set out herein ("the terms").
Acceptance of the terms. By accessing the website and/or using
the service/s offered via the website, you are deemed to have read, understood and
agreed to the terms. Guru Development may at any time modify any of the terms and
such modification will supersede and replace any previous terms. The amended terms
will be made available on the website. Each time you access the website, you agree
to be bound by the terms, as modified from time to time.
Content of the Website. While Guru Development makes every
effort to update the information provided on the website on a regular basis, Guru
Development makes no representations or warranties, whether express, implied in
law or residual, as to the accuracy, completeness or reliability of any information,
data and/or content on the website from time to time. Guru Development reserves
the right at any time to change or discontinue without notice, any aspect or feature
of the website and any service, information, data and/or content on the website.
Use of the website and indemnification. By accessing the website,
you warrant and represent to Guru Development that you are legally entitled to do so. By subscribing for any of the service/s, you warrant and represent to Guru Development
that you are legally authorised to subscribe for such service/s and have the requisite
capacity to conclude legally binding transactions with Guru Development. You further
warrant that you will not use the website, the service/s, or any information made
available/sent to you by Guru Development pursuant to your use of the website for
any purpose that is unlawful or prohibited under South African or international
law or is in contravention of the terms. You hereby indemnify Guru Development against
any loss, liability, damage or expense of whatever nature which Guru Development
or any third party may suffer which is caused by or attributable to, whether directly
or indirectly, a breach by you of any of the warranties in this clause.
You understand and agree that Guru Development does not review, or purport to review,
any submitted content and it reserves the right to remove any content from the website
that it deems in its sole discretion to be harmful in any way. Guru Development
reserves the right to suspend or terminate your access to all or parts of the site,
without any further notice to you.
Application process. To subscribe for the service/s, you must complete
the online application form ("application form"). By using the services, you agree
to be bound to Guru Development's Standard Subscriber Terms and Conditions [create
a hyperlink to the application form and the Standard Subscriber Terms and Conditions].
On receipt of your application form, Guru Development will takes such steps,
as in its sole discretion it deems necessary, to evaluate your application and to
verify whether, in completing the application form, you have provided Guru Development
with complete and accurate information about yourself and your credit card information
for payment; and insofar as you are requesting Guru Development to provide you with
personal and/or business credit profiles, the information contained in the application
form pertains to you personally. The application process will not be completed
before you have been given the opportunity to review the entire transaction and
correct any mistakes, or to withdraw from the transaction completely. By clicking
on the "submit" button you are deemed to have submitted an offer to subscribe for
the service/s selected ("order") and you will not thereafter be able to cancel the
order unless Guru Development expressly agrees thereto. You understand that
once you receive the information/data requested in your order, you will have no
right to cancel the order or attempt to rely on a "cooling-off" period as the service/s
will already have been rendered by Guru Development in terms of the agreement.
Payment. You agree to pay Guru Development the fees stipulated
on the website as the price for the service/s ordered. You hereby authorise Guru
Development to charge the payment for such fees to your credit card, using the credit
card information provided in your application form, effective from the date of receipt
of your order by Guru Development. You hereby agree that Guru Development will not
be obliged to refund any payment made by you in this manner, nor shall you be entitled
to reverse such payment, for any reason whatsoever, including your failure to pass
Guru Development's verification processes.
Verification. You hereby agree that all orders and any other communications
which purport to originate from you, or a person who had authority to act on your
behalf in respect of such order or communication, or an information system programmed
by or on your behalf to operate automatically (unless it is proved that such information
system did not properly execute such programming) (collectively "the originator")
and which are sent to Guru Development electronically and which may (as a result
of interception, equipment malfunction, the distortion of communication links or
any other reason whatsoever) be different from the instructions actually sent or
given, or may not have been given by you at all, shall be deemed to have been given
by the originator in the form actually received by Guru Development and you will
be bound by such communication with no liability of whatever nature attaching to
Guru Development in regard thereto.
You waive any rights you may have or obtain against Guru Development arising directly
or indirectly from any loss or damage of whatsoever nature which you may suffer
as a result of the fact that Guru Development acts on your orders or communications,
or orders communications that purport to emanate from you and you indemnify Credit
Data against all and any claims, liabilities, losses, costs, fines, damages and
expenses, arising as a result of the fact that we acted on your instructions/orders
or instructions/orders which purport to emanate from you.
Confirmation of orders and conclusion of the transaction. The advertising of service/s
via the website merely constitutes an invitation by Guru Development for you to
make an offer to subscribe for the service/s. Guru Development reserves the
right not to accept and/or comply with the order for any reason whatsoever on notice
to you. Should Guru Development accept your order, we will, as soon as is
reasonably possible thereafter, send you a copy of the information you requested
in the application form by e-mail, facsimile or SMS, using the contact information
you provided in the application form and the preferred mode of delivery you selected.
You hereby confirm and agree that the transaction between yourself and Guru Development
will be deemed to have been concluded at the place where and the time when Guru
Development transmits the information to you.
Consumer protection information. In compliance with section 43(1) of the
Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention
is drawn to the following
- Full name and legal status : ADG Guru Development cc a close corporation in accordance
with the laws of the Republic of South Africa ;
- Registration number: 2003/051033/23;
- Vat registration: 4790231783
- Place of registration : Johannesburg , South Africa ;
- 34 Pieter Wenning Street , Roosevelt Park , 2195, Johannesburg , South Africa ;
- Telephone number +27 (0) 462 6008;
- Facsimile number: 086 678 3434
- Website address : www.guru-develop.co.za;
- e-mail address : info@guru-develop.co.za;
- Trading address: 28 Scheepers Road, North Riding Ext 4, 2162, Johannesburg , South
Africa ;
- Manner of payment : electronically by credit card, electronic bank transfer, or
direct bank deposit, debit order or 30 day terms;
Use of Information
Guru Development conducts its business in accordance with the consumer code for
Credit Bureaus and considers it imperative to protect the privacy interests of consumers
and consumers alike. Please see our detailed Privacy and Security Policy available
on our website in this regard.
By accepting these terms and condition, you expressly acknowledge, agree and consent
to Guru Development using your confidential information, for the following purposes,
which specifically includes, but is not limited to:
- create a new credit record;
- update an existing credit record;
- monitor and subsequently update the current and future credit activity on my records;
- create and maintain new products (viz. scoring and other statistical models);
Communications from Guru Development to you. By placing an order
for service/s, you agree that Guru Development may deliver the information you ordered
telephonically, by e-mail, facsimile or SMS, using the contact information
you provided in the application form. You hereby agree that Guru Development may
before or after delivery send you electronic communications relating to your order
and/or the service/s offered via the website from time to time, provided that you
will be given the opportunity to cancel your subscription to Guru Development's
mailing list at any time upon providing Guru Development with written notification
to that effect.
Copyright and all intellectual property rights in all materials, texts, drawings
and data made available on the website (collectively "the materials") are owned
by Guru Development, alternatively Guru Development is the lawful user thereof,
and are protected by both South African and international intellectual property
laws. Accordingly, any unauthorised copying, reproduction, retransmission,
distribution, dissemination, sale, publication, broadcast or other circulation or
exploitation of such material or any component thereof will constitute an infringement
of such copyright and other intellectual property rights; save that you may use
the materials or any component thereof for your own internal purposes and for the
purposes of ordering service/s from Guru Development. The trademarks, names, logos
and service marks (collectively "trademarks") displayed on this website are registered
and unregistered trademarks of Guru Development. Nothing contained on this
website should be construed as granting any licence or right to use any trademark
without the prior written permission of Guru Development.
External links. External links may be provided for your
convenience, but they are beyond the control of Guru Development and no representation
is made as to their content. Use or reliance on any external links provided is at
your own risk.
When visiting external links you must refer to that external
terms and conditions of use. No hypertext links shall be created from any website
controlled by you or otherwise to this website without the express prior written
permission of Guru Development.
Framing. No person ,business or website may frame the site of Guru
Development or any of the pages on this site in any way whatsoever.
Crawlers and Spiders. No person, business or website may use any
technology to search and /or gain information from Guru Development's website without
its prior written consent.
Warranties, disclaimers and limitation of liability.
- Save as set out in the terms, Guru Development makes no warranties, representations,
statements or guarantees (whether express, implied in law or residual) regarding
the website and the service/s and the website and service/s made available via the
website are provided "as is". Guru Development does not make any warranty or representation
that information and service/s advertised on the website are appropriate for use
in any jurisdiction.
- Neither Guru Development or its employees shall be responsible for and disclaims
all liability for any loss, liability, damage (whether direct, indirect or consequential)
and/or expense of any nature whatsoever which may be suffered by you or any third
party, as a result of or which may be attributable, directly or indirectly, to your
access and use of the website and/or any information contained on or received via
the website, your use of the service/s and/or your reliance on any information offered
via the website and service/s.
- Without limiting the generality of the a foregoing, neither Guru Development nor
its employees/directors shall be liable for any loss of business, loss of data and/or
loss of profits, any failure and/or unavailability of the website for any reason
whatever and/or the failure/delay by any third party service provider to render
any service/s which are necessary to ensure the availability of the website.
You hereby indemnify Guru Development or its directors against any loss, liability,
damage (whether direct, indirect or consequential) or expense of any nature whatsoever
which may be suffered by you or any third party as a result of or which may be attributable
directly or indirectly to the aforesaid.
- Without limiting the generality of the a foregoing, Guru Development shall not be
liable to you or any third party for any loss or damage of whatsoever nature in
the event that you request that an order is stopped or cancelled.
General
- Guru Development shall be entitled to cede, assign and delegate all or any of its
rights and obligations in terms of these terms.
- All provisions of these terms and conditions are, notwithstanding the manner in
which they have been grouped together or linked grammatically, severable from each
other. Any provision of these terms and conditions which is or becomes unenforceable
in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness
or for any reason whatever, shall, in such jurisdiction only and only to the extent
that it is so unenforceable, be treated as pro non scripto and the remaining provisions
of these terms and conditions shall remain in full force and effect.
- Should Guru Development be prevented from fulfilling any of its obligations to you
as a result of any event of force majeure, then those obligations shall be deemed
to have been suspended to the extent that and for as long as Guru Development is
so prevented from fulfilling them and your corresponding obligations shall be suspended
to the corresponding extent. In the event that force majeure continues for
more than fourteen days after it has fist occurred then Guru Development shall be
entitled (but not obliged) to terminate all of its rights and obligations in terms
of or arising out of these terms by giving notice to you. An "event of force
majeure" shall mean any event or circumstance whatsoever which is not within the
reasonable control of including, without limitation, vis major, casus fortuitus,
any act of God, strike, theft, riots, explosion, insurrection or other similar disorder,
war (whether declared or not) or military operations, the downtime of any external
telecommunications line, power failure, international restrictions, any requirement
of any international authority, any requirement of any government or other competent
local authority, any court order, export control or shortage of transport facilities.
- These terms shall be governed by and construed in accordance with the laws of the
Republic of South Africa without giving effect to any principles of conflict of
law. You hereby consent to exclusive jurisdiction of the Witwatersrand Local Division
of the High Court of South Africa in respect of any disputes arising in connection
with the service/s referred to herein, or the terms or any matter related to or
in connection therewith.
|