×
We thank you for considering using Splendi and extend our warmest
welcome.
By using this Website or communicating with Splendi by electronic
means, you provide your consent and acknowledge that any and all
agreements, notices and disclosures satisfy the legal requirements,
that such communications should be in writing, and that you agree to
be bound by these Terms and Conditions (“ToU”). By proceeding with the
use of the Splendi website and services, you expressly acknowledge and
agree to these ToU, especially important disclaimers, warranties and
limitations on liability. These ToU constitute the entire agreement
(“the Agreement”) between Splendi and yourself with regard to the use
of the content and this website (“Website”).
Our Services
Splendi is a consumer services portal owned and operated by XDS,
providing free access to your credit information. Splendi thereby
assists you in getting a better understanding of your credit
information for you to manage your financial wellbeing. When we refer
to “Services,” we mean all products and services owned and operated by
Splendi or any of its affiliated companies (collectively, “Splendi,”
“we,” or “us”), including the content, features, tools, data, software
and functions made available by Splendi through the Website, and our
mobile applications, and other websites or applications we operate,
unless those websites or applications have posted separate or
additional terms of use. As of the effective date of these terms, our
Services include the following:
Your Splendi Account
You will need to register for a free member account to access many
aspects of our Services, which includes but is not limited to credit
scores and reports and credit monitoring services. Registering your
Splendi member account is optional, but if you do not register for an
account, you will not be able to access certain aspects of our
Services. By registering for a Splendi member account, you warrant and
represent that (i) any information you provide to us, both when you
register and in the future, is and will be true, accurate, current and
complete (ii) you are only registering an account for yourself and
(iii) you will keep all information up-to-date, (iv) the updated
information you provide may be used to update your credit information
as held by XDS (Pty) Ltd and or MIE (Pty) which are registered Credit
Bureaus and (v) your information may be shared with partners of
Splendi with whom you have agreed to engage with.
You are prohibited from selling, transferring, or assigning your
account to anyone else. Your password is at all times to be kept
confidential, and you may not share it or allow anyone else to log
into our Services with your account. You accept responsibility for all
activities that occur under your member account. It is your
responsibility to notify us immediately if you believe that your
account is no longer secure.
When you register as a member, you authorise us to create and maintain
an account in your name using your account registration information
and other information that may be collected about you in accordance
with our Privacy Policy (link to Privacy Policy). You acknowledge and
agree, when registering a Splendi member account that you are asking
us to create your member profile and access your free credit scores
and reports, and other information so we can provide our tools and
services.
Limitations and Restrictions on Use of Our Services
In order to use Splendi’s Services and access any content on our
Website you must be 18 or older. If you access this Website from
locations outside of South Africa, you are responsible for compliance
with all local laws. You warrant hereby that your use of the services
and Content is for a legitimate and lawful purpose. We reserve the
right to limit the availability of our Services or the provision of
any of our content to any person, geographic area, or jurisdiction, at
any time and in our sole and absolute discretion. Splendi may need to
communicate with you via SMS, in which case you agree to (i) having
access to receive SMS from Splendi and (ii) be liable to your mobile
operator for such charges. Notwithstanding the above Splendi cannot
guarantee that you will receive any SMS, OTP or communication as this
is entirely dependent on your cellular service provider. You may not
assign the agreements, in whole or in part, nor transfer or
sub-license your rights under the agreements, to any third party.
Ownership and Infringement
All content and materials, including but not limited to images, text,
visual interfaces, information, data, and computer code, provided by
us through our Services (our “Content”) and all related intellectual
property rights are the property of Splendi and/or its third-party
licensors. Our Content is protected by South African and international
intellectual property laws and treaties. You may not copy, modify,
sell, reproduce, distribute, republish, display, post, create
derivative or collective works from, or transmit in any form
(including in-line linking or mirroring) our Content, in whole or in
part, without our express prior written consent. You may not reverse
engineer or reverse compile any of our Services or the technology used
to operate our Services. Nothing in the Agreement or our Services
grants you, by implication, estoppel, or otherwise, any license or
right to use our Content except as expressly stated in the Agreement.
Our Services may also display certain intellectual property, such as
company, product, and service name and logos, that is owned by our
third-party partners (our “Partners' Intellectual Property"). Nothing
in the Agreement or our Services grants you, by implication, estoppel,
or otherwise, any license or right to copy, modify, sell, reproduce,
distribute, republish, display, post, create derivative works from or
transmit in any form (including in-line linking or mirroring) any of
our Partners' Intellectual Property.
Disputes
Your credit report contains credit information from XDS, a registered
Credit Bureau. Your credit or service account information is provided
to XDS by credit or service providers with whom you have an account or
accounts. These credit or service providers may have inaccuracies in
the data that they have provided to XDS. For such inaccuracies to be
investigated, you need to lodge a dispute using a dispute form which
must be completed and emailed to
Dispute@xds.co.za.
XDS has 20 business days to investigate and provide a resolution on
your dispute. Please download the dispute form
here
Disclosure & Report Abuse or Complaints
Splendi has the right, but not the obligation, to monitor our Services
electronically. We may access, use, preserve, transfer or disclose, at
any time and without notice to you, any information (including
Personal Information as defined in our Privacy Policy) as reasonably
necessary to: (i) comply with any applicable law, regulation,
subpoena, or legal process, or respond to any governmental request, if
we believe such action is required or permitted by law; (ii) enforce
this Agreement, including to investigate potential violations; (iii)
protect the safety, integrity, rights, or security of our members, our
Services or equipment, or any third party; or (iv) detect, prevent, or
otherwise address fraud, security, or technical issues related to our
Services or the services of our partners. Any complaints regarding the
standard and quality of the product or services bought by you through
our facility should be directed to XDS Information Officer:
Informationofficer@xds.co.za
Disclaimers
We provide our services, our content, and all content and materials
available through our services “as is” and “as available” without
any warranty or condition of any kind, express or implied. Splendi,
on behalf of itself, its affiliates and its licencors, disclaims all
warranties of any kind, whether express or implied, relating to our
services, our content, including the implied warranties of
merchantability, fitness for a particular purpose, quality,
accuracy, title and non-infringement, and any warranty arising out
of course of dealing, usage or trade.
No advice of information, whether oral or written, obtained by you
from our services, our content, or otherwise available through our
services will create any warranty regarding Splendi or any of our
services that is not expressly stated in these terms. You use our
services, and use, access, download, or otherwise obtain our
content, or other content available through our services, at your
own discretion and risk. You assume all risk for any damage that may
result from your use of or access to our services, your dealings
with any other member or third party, and your use or our content,
or other content available through our services. You are solely
responsible for any damage to your property (including any computer
system or mobile device used in connection with our services), or
the loss of data that may result from the use of our services or the
use of any of our content, the community content or other content
available through our services.
You acknowledge that Splendi is solely in intermediary (I) between
you and any third party or other information providers actually
supplying your credit reports, credit scores and other information.
Splendi expressly disclaims any liability for errors or omissions in
our content or our services, including the inaccuracy or
incompleteness of any such credit reports, credit scores, or other
information, tools or analyses available through our services or our
content.
Splendi expressly disclaims any liability for errors or omissions in
our content or our services, including the inaccuracy or
incompleteness of any such credit reports, credit scores, or other
information, tools or analyses available through our services or our
content. Notwithstanding the foregoing, nothing in this section
shall affect warranties which are incapable of exclusion or
restriction under applicable law.
Limitation of Liability
Splendi and its representatives, agents, and any of their respective
officers, directors, equity holders, employees, parent entities,
subsidiaries, affiliated entities, representatives, agents and
licensors (collectively, the “Splendi parties”) will not be liable
to you or any third party for any special, indirect, incidental,
consequential or punitive damages (such as loss of profits, loss of
goodwill, loss of use, loss of data, business interruption, or other
intangible losses) arising out of or relating in any way to our
services or content. If any of the foregoing limitation are found to
be invalid, the Splendi parties' total liability for all damages,
losses, or causes of action of any kind or nature whatsoever shall
be limited to the greatest extent permitted by applicable law.
Indemnification
You will defend (on demand by any Splendi Party), indemnify, and hold
harmless the Splendi Parties from and against any and all claims,
losses, expenses, demands, or liabilities, including attorneys' fees
and costs, incurred by the Splendi Parties in connection with any
claim by a third party arising out of or in any way related to: (i)
your use of our Services or our Content; (ii) your violation or
alleged violation of the Agreement or your violation or alleged
violation of any applicable law; (iii) your infringement or alleged
infringement of any intellectual property or other right of any other
person or entity; or (iv) any dispute between you and a third party,
including any provider of third-party content. You must not settle any
such claim or matter without the prior written consent of Splendi.
Consent to Jurisdiction
This Website is controlled, operated and administered by Splendi from
its offices within the Republic of South Africa. These Terms and
Conditions shall be governed by the laws of the Republic of South
Africa, and the User consents to the jurisdiction of the Witwatersrand
courts in the event of any dispute (including alternative dispute
resolution in the sole discretion of Splendi).
Duration and Termination
Unless terminated by yourself or Us, your access to Splendi shall
remain in force. Your access to Splendi may be terminated by yourself
by informing Splendi on
info@splendi.co.za that you
wish for your membership and access to Splendi to be terminated. These
Terms of Use shall remain in full force and effect while you use the
Splendi’s Website.
Without limiting any other provision of these terms of use, we
reserve the right to, in our sole discretion and without notice or
liability, deny access to and use of the website (including blocking
certain IP addresses), to any person for any reason or for no
reason, including without limitation for breach of any
representation, warranty, or covenant contained in these terms of
use or of any applicable law or regulation. We may terminate your
use or participation in the site or delete your Splendi member
account and any content or information that you posted at any time,
without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
General
Severability and entire agreement. If any of the
provisions of these Terms and Conditions are found by a court of
competent jurisdiction to be invalid or unenforceable, that provision
shall be enforced to the maximum extent permissible so as to give
effect to the intent of these Terms and Conditions, and the remainder
of these Terms and Conditions shall continue in full force and effect.
Variation of Terms and Conditions. Splendi reserves
the rights to change, modify, add or remove portions or the whole of
these Terms and Conditions from time to time. Occasionally we may make
these changes for valid reasons, such as improving the
existing functions or features or adding new functions or features to
the service, implementing advancements in science and technology, and
reasonable technical adjustments to the service, ensuring the
operability or the security of the service, and for legal or
regulatory reasons. Changes to these Terms and Conditions will become
effective upon such changes being posted to this Website. It is your
obligation to check changes, upon notice which will be provided once
you access this Website, to these Terms and Conditions. Your continued
use of this Website following the posting of changes or updates will
be considered notice of your acceptance to abide by and be bound by
these Terms and Conditions, including such changes or updates.
