CreditYame Terms and Conditions
This contract sets out:
Please take the time to read and understand this contract before you make use of our services and website. If you do not want to be legally bound by the terms of this contract in their entirety you must not accept these terms, in which case you cannot use our website or our services.
For the avoidance of doubt, please note that this contract does not affect your statutory (legal) rights, including any rights that you may have under applicable consumer laws that cannot be changed by agreement between you and us.
In this contract:
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
Who are we?
We are Vuyisa Holdings (Pty) Ltd (trading as CreditYame), a company registered in Botswana under company number: (BW00002423771).
We aim to assist our consumers in attaining financial wellbeing through providing consumers with access to their credit report and credit score through a monthly paid subscription service.
We also use this information to provide our users with matched offers of third party credit products which are tailored to their profile.
1 Introduction
1.1 If you buy services on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any services you also agree to be legally bound by:
1.3.1 our website terms and conditions and any documents referred to in them; and
1.3.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will notify you of any such changes by sending you an email alert, by posting a notice on our website or through the Services, or in any other manner we deem appropriate. You acknowledge and understand that your continued use of our website or our services will confirm your acceptance of the revised terms.
All the above documents form part of this contract as though set out in full here.
1.4 Save as set out in this contract, your use of our website and the content and services which may be accessed through our website is at your own risk.
1.5 Whilst we take reasonable steps to ensure that the content of our website is accurate, current and complete, you acknowledge and agree, to the fullest extent permitted by applicable law, that our website and the content and services available through it are provided on an “as is” and “as available” basis. In particular, you acknowledge and understand that neither we nor any of our service providers have any control over the content of the information provided by credit bureaux.
1.6 We do not accept liability for the accuracy or completeness of any website content or content provided as part of our services.
1.7 We do not accept liability for any errors or omissions or for the content becoming out of date.
1.8 Certain features of our website will rely on data provided by you in order to generate output. We recommend that you confirm the accuracy and completeness of any content before relying on it.
1.9 We may update our website and associated services from time to time and may change the content and pricing at any time. Please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
1.10 All and any payments made to us are non-refundable and non-creditable against each other.
2 Accessing our website and our services
2.1 Our website and our services are made available on the basis of a paid monthly subscription. These Terms govern your access to and use of our website and the information available on it, including information you provide and that we collect on your behalf and facilities and services offered through our website.
2.2 You must be at least 18 years of age and a a resident in Botswana to use our website and any services provided through it. You warrant to us (ie promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.
2.3 You may access and use our website and our services only for your personal use on your own behalf and not on behalf of anyone else. You must not engage another person, company, partnership or other entity to access our website or our services on your behalf.
2.4 You must not order, or attempt to order, credit information about anyone else through our website.
2.5 When using our website or our services you must comply with the provisions of our Acceptable Use Policy below. You understand and acknowledge that your right to access our website or use our services will terminate automatically if you breach any of the provisions of our Acceptable Use Policy.
2.6 You understand and acknowledge that our website is intended for use by residents of Botswana only. IF YOU CHOOSE TO ACCESS OUR WEBSITE FROM A LOCATION OUTSIDE OF BOTSWANA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS RELATING TO SUCH ACCESS, INCLUDING VIEWING OR USING THE CONTENT OF OUR WEBSITE, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
2.7 We do not guarantee that our website, or any content on it or provided as part of our services, will always be available, uninterrupted or error free. Access to our website and our services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to our website or our services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have materially breached these Terms, or if we consider there is or is likely to be a breach of security.
2.8 Whilst we try to keep any disruption to our website and services to a minimum, our website and services may become unavailable from time to time in order for us to carry out planned and unplanned maintenance and security updates. In the case of planned maintenance, we will use our reasonable best efforts, where possible, to provide you with some notice of our intention to suspend the website or the services before we do so.
2.9 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.
2.10 You are responsible for making all arrangements necessary for you to have access to our website including providing and maintaining any equipment used to access our website. You are solely responsible for any telecommunications costs that you incur whilst using our website.
2.11 Your right to access our website and our services is personal to you. You must not allow any other person to have access to your account or our services using your username or password. You must keep confidential any username, password or other information you choose, or are provided with, as part of our security procedures. You must not disclose them to any other person nor keep them in any form or format that would allow them to be accessed by or on behalf of another person.
2.12 You are responsible for all use of our website and our services when access is obtained through the use of your username and password, whether or not authorised. For your security, we recommend that you close all open browsers relating to our website on completion of your visit. Should you have any reason to believe that any of your personal or account information has been compromised or exposed to any other person, either by your own actions or the actions of others, you must immediately notify us and reset your password.
3 Acceptable use policy
3.1 You may only use our website and our services for lawful purposes. You must comply with the acceptable use policy set out in this section (the “Acceptable Use Policy”).
3.2 You must not engage, authorise or permit any other person to directly access your account in order to obtain information provided or made available to you as part of our services (whether as agent or representative on behalf of, or as a service provider to, you or otherwise).
3.3 You must not, and you must not allow another person to, use our website (including any content or materials on it) or our services: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is fraudulent, or has any fraudulent purpose or effect (including by misrepresenting your identity or account information); (c) to access or interfere with another person’s records, impersonate another person or create or use a false identity or email address; (d) for your own or another person’s commercial purposes; (e) to harm or attempt to harm minors in any way; (f) to transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“spam”); (g) to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of ourwebsite, any computer systems, equipment, software or networks on or through which our website is stored or operated; (h) to modify, adapt, decipher, decompile, disassemble or reverse
engineer any of the software comprised in or in any way making up a part of our website or services provided by our website; (i) to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it; (j) to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or (k) in any way that is not authorised by us or that is detrimental to us or our third party service providers.
3.4 You must not, and you must not allow another person to: (a) knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our website to become unavailable for use by others (including via any form of denial-of-service attack); (b) access without authority, interfere with, damage or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website (including where owned or used by any third party). (c) you undertake to fully co-operate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of this Acceptable Use Policy.
3.5 You understand and accept that we may monitor and log user activity, and any material contributed by users, for security purposes and in order to identify any actual or potential misuse of our website or our services.
3.6 You further understand and accept that failure to comply with our Acceptable Use Policy constitutes a material breach of these Terms.
3.7 If we have reason to believe that you have, or you are likely to, use (or allow another person to use) our website or our services in breach of our Acceptable Use Policy, we may take such action as we reasonably deem appropriate including: immediate, temporary or permanent withdrawal of your right to use our website or services; immediate, temporary or permanent removal of any material contributed by you to our website; legal proceedings against you; and/or disclosure of such information to law enforcement authorities or regulators, where applicable, as we reasonably consider is appropriate.
4 Your privacy and personal information
4.1 Our Privacy Policy is available at www.credityame.com/privacy-policy.html.
4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
5 Ordering services from us
5.1 Below, we set out how a legally binding contract between you and us is made as well as the services that we offer.
5.2 You place an order on the site by subscribing to our monthly subscription at the cost of Botswana Pula Thirty (BWP30).
5.3 Once you subscribe to our services as above, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
5.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.4.1 we cannot authorise your payment; or
5.4.2 there has been a mistake on the pricing or description of the services.
5.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.5.1 a legally binding contract will be in place between you and us; and
5.5.2 we will provide the services as set out below.
5.6 After you register with us, we will take you through an ID validation process to securely identify you as an individual with a credit report. Once your identity has been validated, we will then be able to provide you with a copy of your credit report and credit score.
5.7 By registering with us, you acknowledge and agree that when we access and retrieve information from a credit bureaux we are doing so as your agent and representative. you agree that credit bureaux shall be entitled to rely on the foregoing authorisation and agency granted by you.
5.8 Provided that you have an active subscription, our Services are as follows:
5.8.1 As your authorised agent and representative, we will obtain on a monthly basis on your behalf, copies of your credit report and credit score from a designated credit bureau;
5.8.2 Avail to you through our website, the credit information;
5.8.3 Obtain an updated copy of your credit report and credit score on a monthly basis and alert you via email when a new report is available;
5.8.4 Notify you of any significant change or addition to information in your credit score or credit report by sending you an email alert, if you subscribe to this at an additional cost;
5.8.5 Undertake analysis and profiling of your and, where applicable, your financial associates’ (meaning any person with whom you have a joint financial account or mortgage, have made a joint credit application or have a joint court judgment) credit information (and any other information provided by you or on your behalf) and/or to
make tools available to you to do so yourself, to assist you in being better informed about, understand and manage your credit position, and in order to identify and inform you of credit products (including personal loans and credit cards) that are likely to be suited to your credit circumstances;
5.8.6 use third party service providers to identify and provide you with information of credit products that we consider are relevant to your credit rating; and
5.8.7 using your credit information and any other data you provide or make available to us for the purposes set out in this contract.
5.9 You acknowledge and agree that you will not be entitled to the above Services once you cancel your subscription. Before we close and delete your account we will send you an email to alert you of our intention to do so. To resume the service you will have to comply with the steps in the notification email within one month of receipt of the email alert.
5.10 Any information provided to you as part of our services is only as accurate, complete and up to date as the information supplied to us by the credit bureau or other third party we use to obtain this information.
5.11 You understand and acknowledge that we do not check the information we receive from third parties for accuracy or completeness. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user information, communications or personalisation settings.
5.12 If you have a query or dispute in respect of the services, please contact us directly using the contact details provided above.
5.13 If the query or dispute relates to any information we have obtained from a credit bureau or third party service provider, you acknowledge and understand that we may refer the query or dispute to them if we deem appropriate and you authorise us to do so.
5.14 By using our services, your records and, where applicable, those of your financial associates will be searched.
5.15 If you choose to apply for a credit product from a product provider by visiting their site either independently or via our website they may undertake a credit check that may leave a “footprint” on your credit report. They will also provide you with the terms & conditions for that product which you understand and acknowledge are not related to our terms & conditions.
6 Right to cancel
6.1 You have the right to cancel this contract without giving any reason. Upon cancelling the subscription/this contract you shall not be entitled to any refund or reimbursement of any funds paid to us.
6.2 If you no longer wish to receive our services you can close and delete your account on our website. Please note that once deleted, your account cannot be recovered and you will not be able to access the credit or other information we hold about you through our website.
7 Payment
7.1 Monthly subscription payments can be made via
7.1.1 a debit order collected from a Botswana based bank account
7.1.2 an amount credited to your Credit or debit cards
7.2 We do not accept cash.
7.3 We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.4 Your bank account, credit card or debit card will only be charged when we acknowledge that you subscription has begun.
7.5 All payments by credit card or debit card may need to be authorised by the relevant card issuer.
We may also need to use extra security steps via:
7.5.1 Verified by Visa;
7.5.2 Mastercard®SecureCodeTM; or
7.5.3 American Express SafeKey.
7.6 The price of the services:
7.6.1 is in Botswana Pula (BWP);
7.6.2 includes VAT at the applicable rate where applicable;
8 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us
under this contract.
9 Limit on our responsibility to you
9.1 We are not legally responsible for any:
9.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) were not caused by any breach on our part;
9.1.2 business losses;
9.1.3 losses to non-consumers;
9.1.4 loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, inability to use or unavailability of, our website (or any part of it), websites linked to it, or our services;
(b) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services obtained or
accessed through our website including use of or reliance on any content displayed on or made available through our website;
(c) unauthorised access to or alteration of your transmissions or data; or
(d) any inaccuracy or incompleteness of any information received by you or by us through our website or as part of our services.
9.1.5 any products provided by issuers of credit or any other third parties. Those products are governed by separate terms and conditions. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product, or the terms and conditions applying to any contract (credit agreement) you enter into with any third party in relation to any product, or for any acts, omissions, errors or defaults of any third party in connection with any product or the applicable terms and conditions.
9.2 It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a credit or other product before doing so.
9.3 Where we have indicated your likelihood of success with respect to products matched to your profile, or where we have provided indications of how much money you may save, these are provided for information purposes only and should not be relied upon when making decisions. We do not accept any liability or provide any guarantee with respects to your eligibility for or success in obtaining products matched to you or advertised on our website. You understand and acknowledge that your eligibility for any credit product, whether suggested by us or not, will at all times be subject to the relevant third-party credit provider’s terms and conditions.
9.4 Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our website is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.
10 Disputes
10.1 We will try to resolve any disputes with you quickly and efficiently.
10.2 If you are unhappy with:
10.2.1 the services;
10.2.2 our service to you generally; or
10.2.3 any other matter, please contact us as soon as possible.
10.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
10.3.1 let you know that we cannot settle the dispute with you; and
10.3.2 resolution of such dispute shall be governed by and construed in accordance with Botswanan law, without reference to any conflict of laws provisions.
10.4 The laws of Botswana will apply to this contract.
11 Third party rights
No one other than a party to this contract has any right to enforce and term of this contract.
12 Licence
You licence us to use any information, data, materials or other content (collectively “ Content”) you provide to us through our website or that we obtain on your behalf as part of the services we provide (such as your credit information) and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our services to you and for any other purposes set out in these Terms, including our Privacy Policy. By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the
Content for the purposes set out in these Terms.
13 Intellectual property rights
All intellectual property rights in our website, in the material published on it and in its component systems are owned by, licensed or sub-licensed to us. All content on our website is subject to copyright with all rights reserved. Images, trade marks and brands are also protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners. You must not remove any acknowledgement that we or any of our contributors is the author of any website content or any content we provide to you as part of the services. You may download or print content or individual sections or pages of our website for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You must not modify, adapt, copy, download or post material from our website nor store any part of our website in any other website or include it in any public or private electronic retrieval system. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation. If you print off, copy, download or post to social media any part of our website in breach of these Terms you must, at our option, return or destroy any copies of the materials you have made.
14 Links to other websites and third party resources
Where our website contains links to other websites or resources provided by third parties, these links are provided for your information only and do not imply any endorsement by us of the linked website or resources or any related products or services.
While we do take reasonable care to provide links to reputable websites, you understand and acknowledge that we have no control over, and accept no responsibility or liability for, the contents of those websites or resources. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them entirely at your own risk.