1. Scope of this Agreement
This Subscription Agreement is between you
("you / the Subscriber
and Kudough Credit Solutions (Pty) Limited, registration number 1998/002263/07
("Kudough / us / we
This Agreement contains the legal terms that apply to your use of the various services, products and tools offered to you via the Kudough Financial Wellness Platform. 2. Preliminary notices in terms of the Consumer Protection Act, 2008
There are terms in this Agreement that require your careful consideration. To assist you, those terms which may limit your rights or require you to give specific acknowledgements or warranties have been highlighted in capital letters. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE IMPORTANCE OF THESE TERMS.3. Definitions and interpretation
In this Agreement:
means all proprietary and confidential information including, without limitation, all Intellectual Property, technical information, business information, sales information, product sales plans, marketing and advertising methodologies and strategies, inventions, developments, discoveries, know-how, methods, techniques, formulae, data, processes and other trade secrets and proprietary ideas, whether or not patentable or copyrightable, which may be developed, delivered or communicated by Kudough to you from time to time pursuant to this Agreement;
means any registered credit bureau in South Africa, including TransUnion, Experian, XDS and Compuscan;
means promoting and concluding the sale of any of our products or services, either by way of direct mail, electronic mail, internet, media insert, telephone, SMS etc;
“Force Majeure Event
means any event beyond our reasonable control, including without limitation, acts of God, war (whether declared or not) , riots, embargoes, acts of civil or military authorities, fires, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failure, network failures, failures of third party service providers (including providers of internet services and telecommunications),any act of terrorism, strikes affecting people other than our employees, power outages, any court order, any requirements of any authority or other competent local authority, and any governmental legislative or administrative action;
means any and all rights to and in connection with any patent, design, trademark, copyright, trade secret, and shall include any concepts, idea, methods, methodology, procedure, process, know-how, technique, strategy, model, template, database, software and business relationship or trade connection which vest in a Party and/or which have been created or acquired by a Party or in which it otherwise has rights; and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such Intellectual Property;
‘’Kudough Financial Wellness Platform
means the products, services, and tools accessible from www.kudough.co.za;
means any information about or relating to you, which is required by us to conclude this Agreement and to supply any products or services in terms of this Agreement to you, including without limitation:
identity related information (e.g. names, identity number; passport number etc.);
contact information (e.g. residential and work physical and postal addresses; cellphone, home and work telephone numbers; email addresses etc.);
demographic information (e.g. age; gender etc.); and
banking information (e.g. bank account; credit card number etc.);
means the fee charged by Kudough on a monthly or once-off basis for the services you subscribe for;
means the unique username and password assigned to users of the Kudough Platform, which gives users access to the selected services, products, and tools offered by Kudough;
means legible writing and in English and includes any form of electronic communication contemplated in the Electronic Communications and Transactions Act, 25 of 2002.
Any period of days prescribed in this agreement must be calculated by excluding the first and including the last day. If the last day falls on a Saturday, Sunday or public holiday, then the next business day will be regarded as the last day. A
means any day which is not a Saturday, Sunday or public holiday in the Republic of South Africa.
The expiration or termination of this Agreement shall not affect any of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
The rule of construction, that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to this Agreement. 4. Account registration, access, and use
You must register an account and create a User Profile to access and use the services, products and tools made available on the Kudough Financial Wellness Platform.
Any registration information that you provide to us must be accurate, current and complete.
You must keep the details of your User Profile strictly confidential and secure and you must not share these details with any other person. We recommend that you change your password for your account on a regular basis.
You hereby authorise us to act on any order, request or instruction given via the Kudough Financial Wellness Platform or our call centre, which appears to have been sent by you or on your behalf, even if it subsequently transpires that the order, request or instruction was fraudulently submitted by another person. You must notify us immediately if you find out or reasonably suspect that someone has engaged in such fraudulent conduct and/or has gained unauthorised access to your User Profile details.
You must also immediately notify us if you detect any unauthorized use or activity on your account, or if your User Profile details have been lost, stolen or misused.
We may suspend your use of the Kudough Financial Wellness Platform, or any part thereof, if we have reasonable grounds to suspect that the confidentiality of your User Profile details or your account has been compromised or breached.
Although we use commercially reasonable efforts to make sure the Kudough Financial Wellness Platform is available at all times with minimum disruptions, we cannot guarantee that availability.
WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOU OR ANY THIRD PARTY BY THE NON-AVAILABILITY OR DISRUPTED AVAILABILITY OF THE KUDOUGH FINANCIAL WELLNESS PLATFORM OR ANY PART THEREOF.
We reserve the right, without any liability, to refuse, limit, suspend or interrupt your access to the Kudough Financial Wellness Platform if you do not comply with any of the terms and conditions contained in this Agreement, or for any other reason valid in law.5. Commencement, duration and cooling off rights
This Agreement will commence on the date that you first access and/or use the Kudough Financial Wellness Platform or start using any services or products offered by Kudough (‘’commencement date’’).
This Agreement will remain in force and will apply to your use of all services, products or tools on the Kudough Financial Wellness Platform from the commencement date.
In terms of section 44 of the Electronic Communications and Transactions Act (No.25 of 2002), you may cancel any transaction with Kudough within 7 (seven) days after the commencement date if that transaction was pursuant to any Direct Marketing conducted for or on our behalf. We will refund any Subscription Fee paid by you within 30 (thirty) days from the date of cancellation. Please note that your right to cancel a transaction in terms of this clause will not apply if you have already requested and received a credit report from us.6. No offers, orders
You must not regard anything published on the Kudough Financial Wellness Platform as an offer, but rather as an invitation to do business.
Kudough is under no obligation to sell or deliver any products or services advertised on the Kudough Financial Wellness Platform until you have registered an account with us and a valid subscription for specific products or services has been accepted and activated by us. 7. Products and services
The full suite of services, products and tools available for subscription from the Kudough Financial Wellness Platform are listed in Annexure A.
Please note that certain services or products may include other terms which will apply if you subscribe for such services or products. These additional terms must be read together with the terms of this Agreement.
Each of the services, products and tools supplied via the Kudough Financial Wellness Platform are, and will always continue to be, in the form and supplied in the manner chosen by Kudough at its sole discretion.
All information services and products supplied by Kudough are strictly for your own personal information purposes. They do not constitute financial or other professional advice. If you require further advice or guidance, you must engage a qualified professional advisor.
YOU WARRANT THAT YOU WILL ONLY USE OUR SERVICES, PRODUCTS AND TOOLS SOLELY FOR THEIR INTENDED PURPOSE, AND FOR NO OTHER PURPOSE WHICH HAS NOT BEEN AUTHORISED BY US IN WRITING. KUDOUGH SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY UNAUTHORISED OR UNINTENDED USE OF OUR SERVICES, PRODUCTS OR TOOLS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTION TAKEN PURSUANT TO YOUR USE OF ANY OF THE SERVICES, PRODUCTS OR TOOLS MADE AVAILABLE TO YOU.
Kudough shall not be expected to and shall not verify any data given to us either by you, or any Credit Bureau, or by any other person.
You shall remain solely responsible for taking all decisions, making all enquiries, applying your own judgment, and managing all aspects of the products and services you subscribe for, including issues relating to financial planning and debt relief.
You are responsible for regularly reviewing your credit information and ensuring that it is and remains true, accurate, complete, relevant, or current.
Kudough makes no representations and/or gives no guarantees that you will realise any financial benefits from your use of any of the services, products or tools accessed from the Kudough Financial Wellness Platform. 8. Third Party Products and links to Third Party Websites
We may publish information about services and products offered and supplied by third party vendors and service providers via the Kudough Financial Wellness Platform
(‘’third party products and services
If you decide to purchase any third party products and services, you will do so under a separate agreement with the relevant vendor or service provider.
KUDOUGH DOES NOT OFFER ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON THE KUDOUGH WEBSITE. WE ALSO DO NOT GUARANTEE THE SUITABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES AND YOUR USE THEREOF WILL BE ENTIRELY AT YOUR OWN RISK.
The Kudough Financial Wellness Platform may also contain links or references to other websites, including those of advertisers
(“Third Party Websites
outside of our control. This Agreement does not apply to those Third Party Websites and we are not responsible for the practices and/or policies of those Third Party Websites.
YOUR USE OF SUCH THIRD PARTY WEBSITES IS ENTIRELY AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM YOUR USE OF SUCH THIRD PARTY WEBSITES OR YOUR RELIANCE ON ANY INFORMATION CONTAINED THEREON.9. Subscription fees and payment
The Subscription Fees applicable to our services and products are published from time to time on the Kudough Financial Wellness Platform. Please note that all fees quoted by Kudough are exclusive of Value Added Tax (VAT).
Payment can be made via the following methods:
Electronic Funds Transfer (EFT).
Kudough uses the services of SAGE Pay to process EFT and credit card payments. SAGE Pay is a licenced and approved payment gateway and uses bank level encryption for all transactions. For more information on SAGE Pay, please visit https://sagepay.co.za.
We do not process or store your credit card details.
We reserve the right to request further information from you to verify your details and/or any order placed for the processing of any payment due.
You warrant that the bank account and/or other details given for payment purposes are true and correct, and that the authority given to us or our designated payment processing service providers to process payments by you is valid. We reserve our right to increase the Subscription Fees charged at any time, provided you are given prior written notice of such increase, and provided that any increase will not affect your current subscription term where the applicable Subscription Fees have been paid in full in advance.
If you fail to make any payment due, Kudough may, without prejudice to any other rights or remedies it may have under this Agreement or in law, suspend your account and/or your access to and use of any of our services, products or tools.
For any failed debit order payment requests in any given month, Kudough will make one further attempt and if payment still cannot be made, Kudough may, at its discretion, either suspend or cancel your account, or substitute your existing subscription for a cheaper alternative. 10. Money back guarantee
As a subscriber to the Kudough Financial Wellness Platform, you will be able to set certain goals to improve your financial wellness. If you follow and complete those goals, but you do not improve your credit rating, Kudough will refund the Subscription Fees paid by you.
If you are eligible for any other refund from us for any reason, you can elect to either receive a credit to the value of your original order in the form of a voucher or receive a full refund through the payment method used by you for your original order.
If you choose to receive a cash refund, the refund will be paid within 30 days.
Vouchers are not redeemable for cash and no credit balance will be given as change.11. Protection of Personal Information
You hereby consent to us processing your Personal Information for the purpose of concluding this Agreement with you and for complying with our obligations under this Agreement and in terms of any applicable laws.
When processing any personal information about or for you, Kudough undertakes that:
any processing of personal information carried out by us will be done in compliance with the relevant provisions of the Protection of Personal Information Act (No.4 of 2013) and any other applicable laws (and, where applicable, any directive given by the Information Regulator);
we shall only process personal information in accordance with your instructions;
we shall implement, adopt and maintain adequate technical and organisational security measures which is appropriate to the risks presented by the processing and the nature of the information to be protected, in particular where the processing involves the transmission of personal information over a network, and in accordance with generally accepted industry practice and having regard to the costs of implementing such measures;
we shall not transfer any personal information to another country without prior written consent from you, and then only to a country that provides the same or similar protection as set out in the Protection of Personal Information Act;
we shall promptly notify you about:
any legally binding request for disclosure of the personal information by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;
any accidental or unauthorised access to any personal information being processed by us for or on your behalf; and
any access request received from any person.
For further information, please consult our Privacy Notice.12. Intellectual Property
The Kudough Financial Wellness Platform, and all content published on it is owned or licenced by Kudough and is protected under copyright law.
Subject to your compliance with the terms and conditions of this Agreement, Kudough grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Kudough Financial Wellness Platform and all the content published on it.
This license does not entitle you to resell or otherwise make commercial use of Kudough Financial Wellness Platform or any of the content published on it; or to create any derivative use of any published content, services, products or tools made available by us.
You acknowledge that Kudough is the exclusive owner, licensee or authorised user of all Intellectual Property in or relating to the services, products and tools made available on the Kudough Financial Wellness Platform, including all Confidential Information about or relating thereto and to the services, products and tools made available to you. 13. DISCLAIMERS
THE KUDOUGH FINANCIAL WELLNESS PLATFORM, INCLUDING ALL PUBLISHED CONTENT, SERVICES, PRODUCTS, AND TOOLS MADE AVAILABLE TO YOU BY US, IS PROVIDED "AS IS" AND "AS AVAILABLE".
KUDOUGH MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF THE KUDOUGH FINANCIAL WELLNESS PLATFORM OR ANY PUBLISHED CONTENT, SERVICES, PRODUCTS, AND TOOLS MADE AVAILABLE FROM OR CONTAINED IN IT.
KUDOUGH, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY YOU OR ANY OTHER PERSON RESULTING FROM THE USE, OR INABILITY TO USE, THE KUDOUGH FINANCIAL WELLNESS PLATFORM, OR ANY PUBLISHED CONTENT, SERVICES, PRODUCTS, AND TOOLS MADE AVAILABLE FROM OR CONTAINED IN IT (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, LOSS OF PROFIT OR ANTICIPATED SAVINGS OR DAMAGES).
IN PARTICULAR, AND WITHOUT LIMITATING THE GENERALITY OF THE EXCLUSION IN CLAUSE 13.3, KUDOUGH SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY ARISING FROM OR RELATING TO ANY OF THE FOLLOWING:
YOUR USE OF ANY OF KUDOUGH’S SERVICES, PRODUCTS OR TOOLS OTHER THAN FOR THEIR STATED PURPOSE;
YOUR USE OF ANY INFORMATION RECEIVED FROM ONE OR MORE OF THE CREDIT BUREAUS WHICH IS INCORRECT OR INACCURATE, OR HAS NOT BEEN UPDATED;
ANY DOWNTIME, OUTAGE, INTERRUPTION IN OR UNAVAILABILITY OF THE KUDOUGH FINANCIAL WELLNESS PLATFORM, OR ANY OF THE SERVICES, PRODUCTS OR TOOLS PUBLISHED IN OR MADE AVAILABLE FROM IT WHICH IS NOT ATTRIBUTABLE TO ANY FAULT ON THE PART OF KUDOUGH, INCLUDING WITHOUT LIMITATION –
REPAIRS AND MAINTENANCE CARRIED OUT IN THE ORDINARY COURSE OF BUSINESS;
ANY INTERRUPTION OR LOSS ATTRIBUTABLE TO ANY OTHER PUBLIC OR PRIVATE NETWORK OPERATOR, CONTENT PROVIDER, DATABASE PROVIDER, OR SERVICE PROVIDER; AND/OR
ANY FORCE MAJEURE EVENT.
KUDOUGH HAS NO CONTROL OVER ANY THIRD PARTY INFORMATION, ADVERTS, FEATURES OR OTHER MATERIALS
(‘’THIRD PARTY CONTENT’’)
PUBLISHED ON OR ACCESSIBLE FROM THE KUDOUGH FINANCIAL WELLNESS PLATFORM. KUDOUGH DOES NOT EXAMINE OR EDIT ANY THIRD PARTY CONTENT AND/OR DOES NOT ACT AS AN AGENT FOR ANY THIRD PARTY IN THIS REGARD. AS SUCH AND TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, KUDOUGH DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY THIRD PARTY CONTENT.14. Consent to jurisdiction
For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the Magistrate’s Court, notwithstanding that such proceedings are otherwise beyond its jurisdiction.
This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that Kudough shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Subscriber hereby consents to the jurisdiction of the said court. 15. Domicilium, notices and electronic communications
You choose as your domicilium citandi et executandi
for all purposes relating to this Agreement, including the giving of any notice, the payment of any sum, the serving of any process, at your residential address or principal place of business as stated in your account registration application or as otherwise notified to us from time to time.
You hereby agree that Kudough can use any suitable form of electronic communication to communicate with you and to deliver any notices in terms of this Agreement.
Electronic communications, including e-mail, SMS and instant messages, sent by you to the Kudough Financial Wellness Platform, or any associated websites, or to us directly will only be deemed to have been received when we actually acknowledge receipt or respond to you.
Electronic communications sent by us to you will be deemed as received by you once the complete communication has entered the information system you have designated or use for that purpose, and can be retrieved and processed by you.16. General
This Agreement is the whole agreement between us. You acknowledge that you have not been induced to enter into this Agreement by any representations or warranties, other than those set out in this Agreement and that any representations or warranties not contained in this Agreement will have no force or effect.
If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, that provision will be severed from this Agreement without affecting, impairing or invalidating any of the remaining provisions of this Agreement, which shall continue to be of full force and effect.
No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the party giving the waiver, and that waiver will only be effective for the specific purpose it is given for.
No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. 17. Consumer protection information
In compliance with section 43(1) of the Electronic communications and Transaction Act 25 of 2002 (“ECT Act”), your attention is drawn to the following:
Full name and legal status: Kudough Credit Solutions (Pty) Ltd, trading as Kudough a private company incorporated in accordance with the laws of the Republic of South Africa;
Registration number: 1998/002263/07;
Place of registration: South Africa
Registered physical address: IDM House, 5th Floor, 11 Adderley Street, Cape Town, 8001
Telephone number: 0860 999 0952