Terms and Conditions

Welcome to National Credit Restructuring – www.ncr.bz (the “Site”). Thank You for reading our Terms and Conditions of Use (hereinafter referred to as the “Agreement”).

This governs our privacy policies with respect to those Visitors of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by DebtManagement.org.za or any of their affiliates- (collectively, “Services”) (“Authorized Customers”).

About the Site

The Site is a website focused on providing quality information, educational material regarding all aspects of debt, credit and the management thereof. The site furthermore focuses on providing products and services to Visitors at affordable prices through strategic partnerships.

Availability and Eligibility.

The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to children (persons under the age of 18). The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering the Site no distribution or solicitation is made to any person to use the Site in jurisdictions where the provision of such site or services is prohibited by law. Competitors are not authorized to access or use our Site without express, written permission from us in advance of such access.

Visitor’s Responsibilities and Acknowledgements.

As a DebtManagement.org.za visitor you are obligated to read this Agreement and our Privacy Policy before you utilize the products and services on the Site, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that we do not offer legal, professional, or financial advice. The Site is provided for informational purposes only.

Purchases and Refund Policy.

If you choose to apply for a product or service that we offer on the Site, we will collect information from you, including but not limited to credit card information where needed to process your transaction and will charge your credit card accordingly. You may request a refund for your purchase during the specified period as indicated on the product information page. We reserve the right to change our fees or billing methods at any time. We will provide timely notice to the affected registered Visitors of any such changes where necessary. You agree that all payment information provided by you to DebtManagement.org.za is accurate, including but not limited to your credit card number, billing address, and credit card expiration date.

Restricted Activities.

You are prohibited from any use of the Site or their content in such a way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided to us and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any DebtManagement.org.za content without the prior express written permission of DebtManagement.org.za. You may not consummate any transaction on the Site, or that was initiated using our Site, that could cause us to violate any applicable law, statute, ordinance or regulation.

Breach.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Visitors or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, you will not be entitled to a refund from us directly or any of our service providers.

Privacy.

We only use your information as described in our Privacy Policy. We may change the Privacy Policy in the future without any notice. You should check the Privacy Policy frequently for changes.

Third Party Providers and Links to Third Party Site.

The services of GetCreditSmart are provided by consultants who are self-employed, employed by third parties, or otherwise not subject to our direct oversight and control. While we endeavour to insure that these consultants have the necessary background and experience to render the service or product, we cannot guarantee the quality and success of such product or service and cannot be held liable for any damages that may result from the use or inability to use such product or service. There may be links established between this Site and other Sites on the World Wide Web and Internet that are not under the control of, or maintained by DebtManagement.org.za. Such links do not necessarily constitute an endorsement by DebtManagement.org.za or those Sites. DebtManagement.org.za undertakes no obligation to monitor such Site, and you agree that the DebtManagement.org.za or any of its affiliates are not responsible for the content of such Sites or any technical or other problems associated with any such third-party Sites, links or usage.

Intellectual Property.

DebtManagement.org.za contains intellectual property that is protected by the laws of the Republic of South Africa as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorised use of the material on the Site except as permitted under the applicable laws and written consent from DebtManagement.org.za.

DMCA Policy.

DebtManagement.org.za takes claims of copyright infringement very seriously. All claims of infringement are to have our designated agent review and respond when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act (“DMCA”), DebtManagement.org.za has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copytighted work is being infringed, notify the designated agent specified below:


National Credit Restructuring
Attn: NCRCA Designated Agent
Po Box 1998, Mokopane, 0600
ncr@ncr.bz

Email Policy.

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email and/or to provide your detail to any third party company who will contact you via email or any other means. You may opt out of receiving future emails by following the instructions at the bottom of each email message.

Third Party Service Providers

You explicitly give DebtManagement.org.za or any of its subsidiaries permission to provide the information that you have submitted on the Site to any third party service provider that we might see fit. The provision of any information of any Visitor or user to any third party providers does not infringe our rights whatsoever whether directly or indirectly, and all provision of this agreement remains.

Disclaimer of Warranties.

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE, PRODUCTS, AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE, PRODUCTS, OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF DEBTMANAGEMENT.ORG.ZA. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DEBTMANAGEMENT.ORG.ZA DISCLAIMS ANY AND ALL SUCH WARRANTIES. Limitation of Liability. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS, LOSS OF INCOME OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE.

Indemnity.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any claim arising out of your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defence of any such claims. DebtManagement.org.za reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of DebtManagement.org.za. You further agree to indemnify and hold DebtManagement.org.za harmless from any claim arising from a third party’s use of information or materials of any kind that you post to the Site. Dispute Resolution. You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website or service offerings displayed thereon, except for matters exclusively between registered or authorised Visitors and not involving DebtManagement.org.za , shall be settled by binding arbitration in accordance with the commercial arbitration rules of the South African Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Pretoria, Gauteng and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or DebtManagement.org.za may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Pretoria, Gauteng necessary to protect the rights or property of you or DebtManagement.org.za pending the completion of arbitration.

Licenses.

DebtManagement.org.za grants a limited license to each Visitor to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site, making any derivative of the Site, the collection and use of User e-mail addresses or other User information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.

Waiver.

Failure by DebtManagement.org.za to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Right to Change this Agreement.

DebtManagement.org.za reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following DebtManagement.org.za posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

General Provisions.

This is the entire Agreement governing the use of DebtManagement.org.za. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of The Republic of South Africa. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the courts located in The Republic of South Africa. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing and signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of DebtManagement.org.za in accordance with applicable law and the remainder of the Agreement shall remain in full force.

Contact DebtManagement.org.za

Except as explicitly stated otherwise, any notices to DebtManagement.org.za shall be given by email to info@DebtManagement.org.za or postal mail at P.O Box 1998, Mokopane, 0600. You agree that you will notify DebtManagement.org.za in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give DebtManagement.org.za a reasonable period of time to address it before bringing any arbitration or legal action.

Legal notice: Debt Review is a solution provided by the National Credit Act no 34 of 2005. The process is therefore regulated by the National Credit Regulator and Governed by the National Credit Act. In terms of the National Credit Act every debt counsellor offering debt review services must be registered with the National Credit Regulator. Because we at National Credit Restructuring believe that good and reputable service is of utmost importance, especially when it comes to your debt, we ensure that all the debt counsellors we work with are registered with the required legal bodies. We will never supply detail of any consumer to a debt counsellor that are not registered in terms of the National Credit Act.