Terms and Conditions
PBSA FRevision 1.1 - Updated 2013-08-28
PBSA Website Terms and Conditions of Use & Service Agreement between PBSA (Pty) Limited and You, the visitor to or user of PBSA Website and service (Incorporating PBSA).
1.1 pbsa sa (pty) limited (pbsa), a privately held company incorporated in and subject to the laws of south africa; and
1.2 you, the visitor to or user of the pbverify and/or mypbverify websites and service.
2.1 the headings to the clauses of this agreement are for reference purposes only.
2.2 unless the context requires otherwise, the words and expressions will be interpreted as set out below and related words and expressions will be interpreted with corresponding meanings:
2.2.1 “afsa” means the arbitration foundation of southern africa;
2.2.2 “acceptance date” means the date on which you visit the pbverify and/or mypbverify websites and agree to these terms and conditions of use and service either by clicking on "i acknowledge that i have read and understand the terms and conditions of this website" or, by continuing to browse the websites;
2.2.3 “access” means a connection provided by pbsa to the third party systems via an api to facilitate the provision of the pbverify services;
2.2.4 “agreement” means this website terms and conditions of use and service agreement;
2.2.5 “api” means application programming interface that enables software components to communicate with each other.
2.2.6 “batch” information means information provided in bulk format;
2.2.7 “cpa” means the consumer protection act, 68 of 2008;
2.2.8 “cpa regulations” means the regulations made under section 120(1) of the cpa, vol. 550 no 34180;
2.2.9 “consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information and credit related information;
2.2.10 “consumer” in relation to the pbverify service means individual natural persons (human beings) or juristic persons with an asset value or annual turnover, at the time of the transaction under two million (r2m) south african rand (the current threshold).
2.2.11 "data message" means information in an electronic format generated, sent, received or stored by electronic means and electronic communications and transactions;
2.2.12 “direct marketing” means an approach to a person by electronic communication for the purpose of promoting or offering in the ordinary course of business to supply goods or services;
2.2.13 “do not contact” or “dnc registry” means the registry contemplated in section 11 of cpa and section 4 of the cpa regulations;
2.2.14 “ect” means the electronic communications and transactions act 25, of 2002;
2.2.15 “ect required information” means the information required to be made available in terms of section 43 of ect;
2.2.16 “electronic communication” means a data message via electronic transmission including via websites, wap sites, email and similar technology;
2.2.17 “electronic transaction” means business of either a commercial or non-commercial nature and includes the provision of information and the pbverify service;
2.2.18 “gsm” means the global system for mobile communications;
2.2.19 “information” means facts or details about something or somebody, and includes the facts and details on, personal information, credit, trace and deeds searches for persons (natural and juristic), third party service providers and the legal notices published on the pbverify websites. “data” shall have the same meaning as information;
2.2.20 “intellectual property” means the rights to copyright in any work in terms of the copyright act, 98 of 1978, to trade mark in terms of the trade marks act, 194 of 1993, to design in terms of the design act 195 of 1993, to patents in terms of the patents act, 57 of 1978, including any applications for any of these and any names, licenses, know-how, trade secrets and data associated with these and, rights to domain names;
2.2.22 “nca” means the national credit act, 34 of 2005;
2.2.23 “non-consumer” means juristic persons (bodies corporate, partnerships, associations or trusts) with an asset value or annual turnover at the time of the transaction equal to or more than two million (r2m) south african rand (the current threshold).
2.2.24 “parties” means pbsa sa (pty) limited and you and “party” means either one of these as the context requires;
2.2.25 “pbverify” incorporating mypbverify™ means the trade name of the pbsa service accessed via the pbverify websites;
2.2.26 “pbverify service” means access to information relating to natural and juristic persons and property provided by third party service providers via an api;
2.2.27 “pbverify website” mean the websites owned and operated by pbsa located at http://www.pverify.co.za and https://www.mymyverify.co.za;
2.2.28 “person” means a natural or juristic person;
2.2.29 “personal information” means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including, but not limited to race, gender, sex, marital status, age, financial, criminal or employment history of the person, identifying number, symbol, email address, physical address, telephone number, location information, online identifier, biometric information of the person; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
2.2.30 "processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including but not limited to collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination, merging, linking, and restriction, degradation, erasure or destruction of information;
2.2.31 “record” means information required to be retained in compliance with south african law, pbsa business or information that may be required as evidence;
2.2.32 “service” means the things defined in cpa and includes but is not limited to the provision of access to, or right of access to information and/or communication infrastructure, and includes the pbverify service;
2.2.33 “pbsa” means the party mentioned in clause 1.1 above and any company owned or controlled by pbsa;
2.2.34 "pbsa business affiliate” means any natural or juristic person that is connected with pbsa and which includes but is not limited to an association, partnership or other commercial relationship that exists or may exist between pbsa and third parties but excludes pbsa ownership or control;
2.2.35 “pbsa business names” means but are not limited to, brand and trade names, logos and pay-off lines and include but are not limited to “pbverify”, "mypbverify" and “pbsecure”;
2.2.36 “pbsa marks” means any trade marks, service marks, logos, domain names or other marks of pbsa, whether registered or not;
2.2.37 “rica” means the regulation of interception of communications and provision of communication-related information act, 70 of 2002, and the rica amendment act, 48 of 2008;
2.2.38 “third party service providers” means but is not limited to the companies and intellectual property commission of south africa, the south african revenue services, the south african department of home affairs, the south african deeds office and several of south africa’s largest credit bureaus;
2.2.39 “uncontrollable event” means fire, flood, earthquake, acts of nature or of god, riots, civil disorder, rebellions or revolutions in any country or any other cause beyond the control of pbsa including the disruption, suspension or termination of services provided by a third party to pbsa that may result in the pbverify websites and/or service not being available;
2.2.40 “user” means a person who has agreed to these terms and conditions of use, applied for and been granted access to the pbverify service and whom if a consumer, is over eighteen (18) years of age;
2.2.41 “visitor” means a person accessing, viewing or browsing the pbverify websites;
2.2.42 “writing” means a written document executed by hand on paper and that excludes either wholly or partly any part of a data message as defined in ect; and
2.2.43 “you” means visitor or user and the party mentioned in 1.2 above.
2.3 any reference in this agreement to:
2.3.1 a “clause” will, subject to any contradiction, be interpreted to mean a clause in this agreement; and
2.3.2 a “law” will be interpreted to include the common law, statute law, the 1996 constitution of south africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure.
2.4 unless inconsistent with the context, an expression which denotes:
2.4.1 any one gender includes the other genders; and
2.4.2 the singular includes the plural and vice versa.
2.5 any reference to an enactment in this agreement is to that enactment as at the acceptance date and as amended or re-enacted from time to time.
2.6 the rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
3.1 pbsa provides software, hardware and services that integrate physical and digital communications channels.
3.2 the pbverify service provides access to information provided by third party service providers via an api.
3.3 pbsa does not provide the information. it merely provides access to the information.
3.4 in providing access to the information from third party service providers, pbsa does create its own copyright in the compilation of the information presented to you and is a responsible party and a processor of personal information as envisaged by south africa’s proposed protection of personal information legislation.
4.1 pbsa grants you, a limited licence to use the pbverify websites and service subject to the terms of this agreement.
4.2 this agreement is in compliance with legislation that affords you rights and serves to inform you of your obligations when visiting the websites or using the pbverify service. this agreement derives legal force and effect from the electronic communications and transactions act 25, of 2002.
4.3 if you do not agree to this website and service terms and conditions of use agreement you should leave the website and not use the pbverify websites or service. please note that continued use constitutes agreement.
4.4 please note that your legal rights and remedies will differ depending upon whether you are a consumer or a non-consumer as defined in the cpa.
5.1 this agreement will commence on the acceptance date and continue indefinitely until amended or terminated by pbsa or, you stop using the service.
5.2 pbsa reserves the right to correct, amend and revise this agreement and the services as and when necessary in the sole and absolute discretion of pbsa. each time an amendment is made, pbsa will place a prominent notice on the pbverify websites bringing the amendment to your attention. where material amendments affect you, pbsa will always give you 14 days notice prior to the changes taking effect. it is your responsibility to ensure that you are aware of and understand all the prevailing terms and conditions.
5.3 subject to clause 5.2 each amended version of this agreement current when you visit the website and/or use the service will be the version of the agreement applicable between pbsa and you and will govern the electronic transaction which took place at that time.
6.1 before you register and use the pbverify service, you should familiarise yourself with how the pbverify service works.
6.2 prior to participating in the pbverify service you are required to register by clicking on this link https://secure.pbverify.com/signup/step1.php where you will be required to opt-in to the pbverify service and to provide personal and other information, including but not limited to your:
6.2.1 first and family names as recorded in your south african identity book;
6.2.2 south african identity number where you act for yourself as a natural person or as a sole proprietor of a juristic person;
6.2.3 position, where you are authorised to represent a juristic person;
6.2.4 email address;
6.2.5 mobile telephone number;
6.2.6 registered company name and number and, value added tax number;
6.2.7 company phone and facsimile number; and
6.2.8 your company’s physical and postal address.
6.3 prior to confirmation of registration and access to the pbverify services, pbsa will conduct an online identity verification on you by running your identity number through the pbverify service identity verification system, matching your name and the information provided to the database record of the south african department of home affairs.
6.4 if you have provided incorrect information about yourself or your company, the verification will fail and you will be denied access to the pbverify service. in such an event, it may be possible for you to register through a manual verification process.
6.5 once your information has been provided and validated, pbsa will auto- generate a random one time password (otp) and send it to the mobile telephone number you provided via a short message service (sms).
6.6 when you receive the otp by sms, you will be prompted to insert the otp into the second step of the registration process (double opt-in). if the otp you insert matches the otp sent to your mobile telephone number, pbsa will email your login credentials to you for authentication to the pbverify service.
6.7 for mypbverify website registrations; when you receive the otp by email, you will be prompted to insert the otp into the second step of the registration process (double opt-in). if the otp you insert matches the otp sent to your registered email address, you will be permitted to finalise your order on the mypbverify website order form.
7.1 in accordance with ect, data messages are deemed received from you only when receipt is confirmed by a response from pbsa. data messages are deemed sent as and when reflected in pbsa server logs.
7.2 data messages are deemed as having been sent from and received at pbsa’s usual place of business and as having been sent from and received at your usual place of residence or business.
7.3 a data message from you will be deemed as having been sent by you personally or a person who had authority to act on your behalf.
8.1 you have no cooling off rights in terms of ect.
8.2 you may have rights under the cpa, depending upon your status as a consumer. if you are uncertain as to your rights, please contact us via the process outlined in section 21 below and pbsa will assess each enquiry on a case-by-case basis.
10.1 the pbverify websites and service includes functionality that enables electronic communications and transactions between you and pbsa that facilitate your participation in the pbverify service. other electronic communication functionality exists to support voice and email communications, support services, direct marketing and social media participation.
10.2 the pbverify service includes a secure payment gateway employing technologies appropriate to online financial transactions including, but not limited to, 256-bit secure sockets layer (ssl) encryption and authentication services verifying that pbsa controls the website.
10.3 the pbverify service employs gsm for inter alia, the communication of sms messages, the most popular standard for mobile phones and mobile security in the world.
10.4 you should nevertheless be aware that even though pbsa employs technologies and payment systems that are sufficiently secure with reference to international standards, ssl and gsm are inherently insecure. you, as the user, are required to actively protect your own security, that of the pbverify service and the information.
10.5 you hereby agree to generally acceptable website and electronic communications etiquette. in this regard you will be deemed to have read the pbsa email legal notice and other legal notices published on the pbverify websites and incorporated into this agreement by reference.
10.6 you hereby agree to further acquaint yourself with the risks associated with the use of the internet and information technologies and to abide by generally acceptable security standards. pbsa will take all reasonable precautions as required from a service provider of online services, but you, as the user, need to be aware that the security of your communications cannot be guaranteed.
10.7 pbsa is committed to complying with legislation and ensuring the availability of the pbverify websites and service to the public at large. the acceptable use provisions of this agreement seek to support these objectives. as such, you agree not to use the website or service in a manner that:
10.7.1 is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of pbsa systems and networks or those of third party service providers;
10.7.2 interferes with the use or enjoyment of other persons access to or use of the website or service;
10.7.3 infringes intellectual property rights;
10.7.4 results in the publication of threatening or offensive material that is disrespectful of the rights of others;
10.7.5 results in unsolicited communications (spam);
10.7.6 introduces unwanted scripts, bots, backdoors or any kind of security risk;
10.7.7 leads to a compromise of your access credentials (user name or password);
10.7.8 constitutes any form of social engineering;
10.7.9 breaches confidentiality; or
10.7.10 is a violation of privacy.
10.8 you remain personally liable for the consequences of contravention of these security provisions and / or failure to comply with law, most specifically, those that regulate credit.
10.9 pbsa reserves the right to restrict or to refuse access to persons whose behaviour repeatedly disrupts the pbverify service, who act unlawfully, in contravention this agreement or who fail to meet reasonable security standards appropriate to the circumstances.
10.10 if you are found to have contravened the security and acceptable use provisions of this agreement pbsa may disable, block or terminate your access to the service at any time without having to give reasons or explanations for doing so.
10.11 should you become aware of any unacceptable use of the pbverify websites or service, please contact firstname.lastname@example.org
11.1 the pbverify service is currently conducted only in english.
11.2 t is your responsibility to ensure that you properly understand this agreement and the legal notices.
11.3 neither pbsa nor its personnel, consultants, advisers, partners or affiliates shall be liable for losses or claims arising from your inability to understand english.
12.1 the pbverify websites, service and the information provided to you, comprise intellectual property protected under south african law and international treaties. unless otherwise indicated, pbsa reserves all rights in and to the intellectual property owned by or licensed to pbsa.
12.2 you may make a temporary copy of part or all, of the website on your computer or mobile device for the purpose of viewing it. you may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to pbsa. subject to the limited license granted to you by pbsa, you may not in any form or by any means, without the prior written consent of pbsa:
12.2.1 commercially exploit reproduce, distribute, display, transmit, publish or broadcast any website content or information;
12.2.2 claim ownership of all or any part of the website content or information;
12.2.3 modify or repost the website content or information;
12.2.4 create a link to http://pbverify.co.za, http://www.mypbverify.co.za or the pbverify blog from another website; or
12.2.5 copy, incorporate, store, frame or embed all or any part of the pbverify websites content on another website or retrieval system.
12.3 pbsa business names and marks referenced on the pbverify websites are the registered or unregistered intellectual property of pbsa. any unauthorised use of these assets is strictly forbidden.
12.4 third party intellectual property assets, including but not limited to patents, designs, names, goods and services referenced on the pbverify websites are the intellectual property of various third parties. any unauthorised use of these assets is strictly forbidden.
13.1 pbsa is committed to complying with legal, business and evidential requirements for information and record retention.
13.2 other than the records that you provide to pbsa through use of the registration process, “contact us”, email and other electronic communication functionality, pbsa does not keep records of information provided to you through the service.
13.3 it is your responsibility to keep records and backups of your information and to ensure the confidentiality and security of the information.
15.1 the nca the nca regulations and various consumer and privacy laws govern the provision and use of credit related information.
15.2 prior to registering for the service you are required to give the specific undertakings in section 16 below. your use of the service is conditional upon providing pbsa with these undertakings.
16.1 this undertaking is given by the user as a natural person and / or as the authorised representative of a juristic person organisation (company director, close corporation member, trustee of trust)
16.1.1 i, the user, warrant that i am liable in my personal capacity and fully authorised to act on behalf of the organisation in seeking access to credit bureau and related information and to bind the organisation to form valid legal relationships;
16.1.2 i warrant and confirm that the organisation and i, in my personal capacity, are aware of and comply, in all material respects, with the national credit act 34 of 2005 and the regulations in terms of the national credit act, no. 489 of 31 may 2006, in so far as these are relevant to the organisation’s activities, specifically, section 70(2)(g) of the act, and section 18(4) and (5) of the regulations;
16.1.3 i warrant and confirm that the organisation and i, in my personal capacity, are aware of the south african regulatory framework for credit related information, including consumer rights (consumer protection act 68 of 2008), access to information (the promotion of access to information act 2 of 2000) and privacy (the constitution of south africa 1996 and the proposed protection of personal information act) and that i comply with the provisions of these laws; and
16.1.4 i further warrant and confirm that all information provided by me in order to access the pbverify service is true and correct to the best of my knowledge.
16.1.5 service description: public trace and credit bureau information will be provided to me as the user of the service by pbsa via an online web interface located at secure.pbverify.com or by means of batch submission.
16.1.6 disclaimer: nothing in the service provided constitutes legal, tax or financial advice nor does it necessarily reflect the views of pbsa. i, the user shall bear the full risk and responsibility of using the service.
16.1.7 indemnity: to the fullest extent permissible in law, i the user unconditionally and unreservedly indemnify and hold pbsa, its affiliates, public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and / or costs, of whatsoever nature, howsoever and whensoever arising, as a result of and without limitation, from the use of the pbverify service.
16.1.8 consent to access credit and credit related information: i, the user, warrant and confirm that the prior written consent has been given for a report required for a purpose set out in regulation 18, sub-regulation (4)(c) or (e) to (g) of the regulations to the national credit act.
16.1.9 right to audit: within 24 hours of a written request by pbsa, which request may be given electronically, i, the user will furnish pbsa with proof of consent in terms of 16.1.8 above
16.1.10 confidentiality and record-keeping: i, the user warrant and confirm that i shall keep all confidential information confidential and that i shall comply with legal record keeping obligations.
16.1.11 authorisation: i, the user authorise pbsa to forward personal and other information, including biometric information, provided by me in support of this registration to third party service providers (including but not limited to the south african department of home affairs, the south african revenue services, educational institutions, credit bureaus and fraud prevention organisations) for verification purposes in order to gain access to the pbverify service.
17.1 to comply with law and in line with international standards and best practice relating to the use of information technology in its business, pbsa monitors and intercepts live communications such website activity, email and electronic communications in compliance with rica.
17.2 subject to the provisions of ect, south african and international privacy principles, pbsa will where necessary and if required by law, access static information created, received, communicated and stored by pbsa as part of its business.
17.3 subject to the provisions of rica and ect, you agree to monitoring, interception and access to information relating to the use of the pbverify websites, blog sites and related electronic communications.
19.1 you agree that pbsa may from time to time send you communications regarding, but not limited to the pbverify service.
19.2 you will always have the choice to:
19.2.1 inform pbsa that you do not wish to continue receiving communications;
19.2.2 opt –out of receiving communications by using the functionality provided; or
19.2.3 block any communications by registering on the dnc registry as contemplated in cpa.
20.1 you agree to submit all complaints relating to this agreement to pbsa first, in order to afford us an opportunity to resolve the complaint before you proceed to any relevant authority.
20.2 in this regard, please direct all complaints to email@example.com
21.1 all enquiries must be made by contacting our call centre on +27 (0) 11 516 9400, or by email to firstname.lastname@example.org
21.2 depending on the nature of the enquiry pbsa will endeavour to deal with enquiries within forty-eight (48) hours of receiving them. pbsa does not, however, warrant that enquiries will be responded to within this timeframe.
22.1 subject to clause 20 above, and without restriction on any of your rights to approach a competent court or forum of your choice, relating to a dispute arising from this agreement, you agree to confidential arbitration prior to proceeding to court or other forum.
22.2 you agree that any dispute arising from or in connection with this agreement shall be finally resolved in accordance with the rules of the afsa by an arbitrator or arbitrators appointed by the foundation and that such proceedings shall be held in johannesburg in english.
22.3 you expressly acknowledge that the arbitration proceeding agreed to in 22.1 above prevents you from entering into a class action lawsuit against pbsa in relation to any dispute arising from this agreement.
22.4 nothing herein shall preclude either party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
23.1 this agreement constitutes the entire agreement between pbsa and you in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of this agreement shall be of any force or effect unless recorded in a written document and signed by or on behalf of the duly authorised representatives of the parties.
23.2 any data message as defined in ect, or a copy, printout or extract of such a message signed by an authorised pbsa officer will be absolute proof of the contents of the copy, printout or extract of such a message.
23.3 no failure or delay on the part of either party in exercising any right in terms of this agreement shall operate as a waiver nor, shall any single or partial exercise of any right prevent any other or further exercise thereof, or the exercise of any other right.
23.4 should any clause or term of this agreement be invalid, unenforceable or illegal, the remaining terms and provisions of the agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this agreement.
25.1 pbsa shall not be held responsible for any uncontrollable events or for outages or failurers on its systems, the internet or by third party service providers.
25.2 use of the service not timeously made or opportunities perceived to be lost due to outages and failures will not be refunded under any circumstances.
25.3 pbsa provides no guarantee for nor warrants the constant and uninterrupted availability of its website, service and / or technical systems.
28.1 to the fullest extent permissible in law, you hereby unconditionally and unreservedly indemnify and hold pbsa, its affiliates, public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and / or costs, of whatsoever nature, howsoever and whensoever arising, as a result of and without limitation, the following:
28.1.1 visiting or using the website and/or pbverify service and electronic commumications;
28.1.2 downloading search content and information;
28.1.3 reliance on the website, search content and/or information;
28.1.4 links to other pbsa or third party websites or external links;
28.1.5 hardware, software, system or network malfunction; or
28.1.6 any other cause whatsoever arising from or relating to visiting or using the pbverify websites and/or pbverify service.
31. ECT required information
|Name:||PBSA (Pty) Limited|
|Legal status:||Privately held company|
|Physical address and the address
for receipt of legal service of
|78 Kyalami Boulevard
Kyalami Business ParkKyalami,
|Postal address:||78 Kyalami Boulevard
Kyalami Business ParkKyalami,
|Phone numbers:||+27 (0)11 516 9400 (switchboard)
Toll Free: 08600 frank
|Facsimile number:||+27 (0) 11 466 2678|
|Company registration number:||1998/008782/07|
|VAT registration number:||4080190525|
|Place of registration:||South Africa|
|Directors and office bearers:||Leon van der Merwe,
Michael Springer (MD)
|Manner of payment:||Electronic Funds Transfer, Credit card,
Debit Card and 30Day Account
|Terms of agreement and URL to access terms:||https://pbsa.co.za/terms-conditions/|