Terms & Conditions
Revised 10 March 2021
OVERVIEW AND ACCEPTANCE OF TERMS
The term “you” or “User” refers to a Visitor or a Customer. For purposes of this Agreement, the terms “we,” “us” or “ESA” refer to Experian South Africa (Pty) Ltd and referred to as “Experian” on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers (including, without limitation, cloud service providers) who ESA uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement, you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement.
For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Websites; (b) any and all transactions between you and ESA through the Websites, including for the provision of any Services or of any or other information delivered as part of or in conjunction with Services related, including any such information that may be archived to the extent made available on the Websites, such as (i) for your purchase of non-membership based Services in an Experian My Identity Check, (ii) enrollment, purchase and use of membership based Services in an Experian My Identity Check account; and (iii) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites.
You may not browse the Websites, or create an Experian My Identity Check account or register with ESA, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with ESA. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records.
THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE (TO THE EXTENT APPLICABLE), AND CALL CUSTOMER CARE AT 0861 105 665 OR EMAIL CUSTOMER CARE AT [EZA.firstname.lastname@example.org]TO CANCEL YOUR ACCOUNT WITH ESA. NOTE, YOU MAY ALSO BE ABLE TO DEACTIVATE YOUR PAID SERVICE AND RETAIN YOUR ACCOUNT WITH ESA ONLINE, AS AND TO THE EXTENT EXPLAINED IN FURTHER DETAIL BELOW.
PERMISSIBLE PURPOSE AND CONSENTS
You understand and agree that, pursuant to such authorization, ESA, and its service provider, CS Identity Corporation (“CSID”), may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity You understand and agree that ESA, and its service provider, CSID, may, from time to time, provide additional products, services, features and/or functionality to you on a recurring basis to provide them to you to review while you have an account with ESA.
This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website (or any of the Websites, to the extent applicable to you), delivered to you, or reasonably made available to you in writing by ESA. However, no unilateral amendment will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection (g) of the Agreement’s “Dispute Resolution By Binding Arbitration” Section below.
MODIFICATION OF SERVICES OR WEBSITES
ESA may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that ESA will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites.
GENERAL DESCRIPTION OF SERVICES
The Services and Websites are meant to provide monitoring of your specific personal information, as requested by you, on various websites and data points and alert you if your specific personal information appears on any of these websites and data points. The Services and Websites are meant for your personal use only.
If made available to you, some of the Services may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for ESA’s provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for membership renewals, (iii) if necessary, obtain updates from card issuers for cards provided to us, (iv) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services (or vice versa), when a recurring basis transaction is at issue, and (v) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites.
You acknowledge and agree that ESA (including its Services and/or Websites) has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores), and that its Services and/or Websites are not designed or intended to provide any such advice.
ACCOUNT WITH ESA; USE OF THE SERVICES
In consideration of your Experian My Identity Check account with ESA, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by ESA. If any information you provide is untrue, inaccurate or not current, or if ESA has reasonable grounds to suspect that such information is untrue, inaccurate or not current, ESA, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that ESA may, in its sole discretion, retain any information you provide to it or generated by ESA (or its affiliates/suppliers) while you have an account with ESA, including any information about you (, when enrolling in any Service) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If ESA does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CALLING ESA’S CUSTOMER CARE DEPARTMENT AT 0861 105 665. IN THE UNLIKELY EVENT THAT ESA’S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF ESA HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ESA WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ESA WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) ESA and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, the NCA, Electronic Communications and Transactions act no 25 of 2002) (“ECTA”) and the Protection of Personal Information Act 4 of 2013(“POPIA”), as amended from time to time) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “ESA,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates (including, without limitation, our service provider, CSID), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and ESA are each waiving the right to institute a claim in court.
(b) A party who intends to seek arbitration must first send to the other, by registered mail, a written Notice of Dispute (“Notice”). The Notice to ESA should be addressed to: email@example.com(“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from ESA (“Demand”). If ESA and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ESA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ESA or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ESA is entitled.
(d) The dispute will be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of the Republic of South Africa (“AFSA”).The arbitrator shall be appointed by AFSA and the unsuccessful Party shall pay the costs of the arbitration.Both the Subscriber and Experian shall keep the fact that a dispute has arisen, the record of the arbitration proceedings, as well as the arbitrator’s decision, confidential.Notwithstanding the above provisions, the Parties retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief.
(f) YOU AND ESA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ESA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if ESA makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require ESA to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service.
Should you believe any information on your report be incorrect or outdated, please contact EZA.firstname.lastname@example.org. The team will investigate your query and ensure that your credit profile is updated should the information be incorrect. This will be done free of charge.
Feel free to contact EZA.email@example.com if you need to lodge a complaint about our services or products.
Unless otherwise specified, the Services made available through the Websites are intended for use by South African consumers only. We make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions.
Recognizing the global nature of the Internet, however, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the South Africa and the United States of America. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
COMPLIANCE WITH LAW AND NOTICE OF PROSECUTION
Your access and use of the Services and Websites must comply with all applicable laws, rules and regulations. Unauthorized access and use of the Services and/or Websites is expressly prohibited. For online customers, access to and use of password protected and/or secure areas of the Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution.
Further, failure to comply with all applicable laws, including but not limited to the NCA, POPIA and ECTA, can result in ESA instituting legal action against you. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
ESA will use commercially reasonable efforts to provide Services to you in a timely manner, including, if applicable, instant online delivery of your credit report for online customers when available/
ESA, and its service provider, CSID, may use your personal information to the extent necessary to authenticate your identity, process your order or request for, and provide, the Services to you, as well as for quality assurance, account and business maintenance, and such other business uses in accordance with applicable law.
RECEIPT, REVIEW AND ACCEPTANCE OF PRIVACY AND POLICIES
ONLINE AND/OR MOBILE APPLICATION REQUIREMENTS
You must have an email address and provide the same to ESA, and have a Java-compatible browser to receive and/or access your Services online via a mobile application, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with ESA. You are obligated to update the email address on file when your email address changes. In the event that ESA is unable to deliver email messages to you, you agree to accept Service notifications in an alternative method, such as direct mail or SMS messages, if such functionality is made available to you. If made available to you, we strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. Please note, mobile messaging rates may apply. All service alerts are also accessible online in your Alerts Center of your account.
The Services may offer features and services that are available to you via a Website, such as a mobile applications or mobile website. Standard messaging, data and other fees may be charged by your carrier. By using the mobile features, you agree to be bound by the terms of this Agreement and further agree that we may bill your carrier (if applicable) for any Services you authorize. You may also purchase services via mobile applications of third parties. Any third party mobile application purchases shall be governed by the purchase terms and conditions of the third party from which you are purchasing services.
In the event that you fail to or otherwise do not update your email address or mobile phone number on file with ESA, and thus ESA is unable to deliver email or SMS messages to you, if SMS messages are made available to you, you nonetheless understand and agree that any paid Service will be fulfilled at the price agreed upon at the time that you placed your order or enrolled in the Service.
NO WARRANTY BY ESA
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND WEBSITES IS AT YOUR SOLE RISK. ALL SERVICES AND WEBSITES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESA (AND ITS AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OR GUARANTEES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICES AND WEBSITES OR OTHER MATERIALS YOU MAY RECEIVE FROM ESA DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. ESA (AND ITS AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT (I) THE SERVICES ARE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ESA WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCOUNT(S) WITH ESA, OR ACCESS TO, USE, OR INABILITY TO USE THE SERVICES OR WEBSITES, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY WEBSITE OR LINKED WEBSITE, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF ESA HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGIONG, YOU AGREE IN ANY EVENT THAT ESA’S TOTAL LIABILITY TO YOUFOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM ESA’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ESA FOR THE SERVICE YOU PURCHASE FROM ESA DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
REGISTERING FOR ANY SERVICE
To create an Experian My Identity Check account or enroll or purchase any Service, you must have an address within South Africa. Certain configurations of Experian My Identity Check may also require you to provide a valid Identity number, address, email address and date of birth and agree to be bound by these terms and conditions. In other limited circumstances, you may need to provide a valid telephone number so that ESA can process your order. You must provide valid credit card information to enroll in or purchase a paid Service, as explained in greater detail above. ESA will then evaluate your complete registration information.
All prices are exclusive of Value-added tax and you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.
For certain Services and/or channels where Services are sold, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.
SPOUSE/ADULT CHILDREN NOT INCLUDED
ESA is not able to accept and process joint registration for two or more adults. Neither your spouse nor any other adult will be enrolled in any Service pursuant to your order.
CHANGES TO THESE TERMS AND CONDITIONS
Sometimes, because of changes to the website or services or products, changes in the law or our arrangements with third parties, we may have to make changes to this Agreement. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of this Agreement.
Note that every time you log into the My Identity Check, you are accepting the latest terms and conditions. It is therefore your responsibility to ensure that apart from checking the version and date of modification, you read through the amended terms and conditions.