TERMS AND CONDITIONS IN RESPECT OF INFO-GRO SUBSCRIPTION AGREEMENT

The parties to the agreement are:

INFO-GRO (PTY) LTD

REGISTRATION NUMBER: 2000/023821/07

C/O GRAHAM AND SILVERLAKES ROAD SILVER LAKES, PRETORIA
GAUTENG 0081

(“INFO-GRO“)
and
THE SUBSCRIBER

whose details are captured on the Online Application

The Subscriber wishes to subscribe to INFO-GRO’s Services. The terms and conditions set out in this document shall govern the relationship between INFO-GRO and the Subscriber.

1.     DEFINITIONS

• In this agreement, unless the context clearly indicates a contrary intention, the following words shall have the meanings ascribed to them in this clause, and similar expressions shall bear corresponding meanings:
  • “Additional Equipment” means any additional equipment supplied by INFO-GRO upon the Subscriber’s specific request, which does not form part of the initial equipment required for the installation and activation of the Service/s;
  • “Additional Services” means any additional services rendered by INFO-GRO at the Subscriber’s specific request, which does not form part of the Service/s subscribed to in terms of this Agreement;
  • “Additional Charges” means the costs of any Additional Equipment and/or Additional Services which shall be payable by the Subscriber to INFO-GRO in accordance with the provisions of clause 5;
  • “Administration Fee” means the monthly fee charged by INFO-GRO for the administration of the Subcriber’s account;
  • “Agreement” means the Application, Registration Page and these terms and conditions including all annexures thereto;
  • “Application” means an application form to be completed by the Subscriber on the Registration Page;
  • “Business Day” any day other than a Saturday, Sunday, or public holiday in the Republic of South Africa;
  • “Charges” means Connection/Installation Fees, Monthly Service Charge, Labour Cost, Administration Fee, Reconnection Fee, and any other charges relating to the delivery of the Service/s;
  • “Connection/Installation Fees” means the initial charge levied by INFO-GRO for activating the Service/s;
  • “Equipment” means equipment installed on the Subscriber’s premises and utilized by INFO-GRO to provide the Services, including but not limited to wireless equipment, cables, dish, router, and switches;
  • “INFO-GRO” means INFO-GRO (Pty) Ltd, registration number 2000/023821/07, c/o Graham and Silverlakes Road, Silverlakes, Pretoria, 0081;
  • “INFO-GRO Network” means all equipment, devices, fibre, copper, or radio connections that is the property of INFO-GRO or is under INFO-GRO’s control;
  • “Installation” means the provision and installation of any equipment required to enable/disable the Service/s;
  • “Basic installation” means an installation which requires no additional equipment for the activation and delivering of the Service/s;
  • “Additional installation” means any additional equipment required by the Subscriber for the activation and delivering of the Service/s;
  • “Labour Cost” means any cost incurred by INFO-GRO in respect of support services relating to Internet Service/s, including but not limited to technical support, call out fees, any disbursements incurred by INFO-GRO relating to support services;
  • “Monthly Service Charge” means the monthly subscription fees charged by INFO-GRO in respect of the Subscriber’s access to and use of the Service/s;
  • “Minimum Subscription Period” means 6 (six) months from the commencement date;
  • “Network unavailability” means the amount of time that the INFO-GRO network was not available to the Subscriber, but does not include unavailability due to the following circumstances:
    • Scheduled network maintenance work done by INFO-GRO or the upstream provider. Such maintenance work will as far as possible be done outside of normal business hours and with reasonable notice;
    • The Subscriber’s equipment or facilities being faulty or inadequate;
    • Acts or omissions by the Subscriber;
  • “Parties” means INFO-GRO and the Subscriber, collectively;
  • “Service/s” means all the INFO-GRO services subscribed to by the Subscriber in terms of the Agreement;
  • “Subscriber” means the Party whose particulars were captured on the Application during registration on the Registration Page;
  • “Reconnection Fee” means any additional reconnection charge levied by INFO-GRO for activating the Service/s after the Service/s has been suspended for whatsoever reason;
  • “VAT” means Value-Added Tax as provided for in the Value-Added Tax Act, 89 of 1991 or any similar consumption-based tax which we or our agents may be obliged to levy and/or collect;
  • “Website” means the website owned and operated by INFO-GRO which can be sourced at Infogro.co.za.

2.     COMMENCEMENT AND TERMINATION

• This Agreement shall commence on the date on which the Service/s are activated (“commencement date”), and shall endure, subject to the provisions of clause 12 for an indefinite period, unless terminated/cancelled:
  • by the Subscriber on one calendar month’s written notice to INFO-GRO of cancellation of this Agreement;
  • by INFO-GRO, by giving the Subscriber one calendar month written notice prior of termination of the Agreement.
• It is specifically recorded that, in the event that the Parties have previously entered into an agreement of which the subject matter is the same or similar to what is provided for herein, such agreement shall, with effect from the commencement date of this Agreement, be deemed terminated and replaced with this Agreement. The foregoing is subject thereto that the terms and conditions of such previous agreement shall, notwithstanding its termination, continue to apply for purposes of the provision of all Service/s that are provided by INFO-GRO to the Subscriber in terms thereof up to the commencement date of this Agreement.
• In the event that any Equipment was/is provided/installed by INFO-GRO in order to render the Service/s in terms of this Agreement, the Subscriber acknowledges that INFO-GRO retains ownership of such Equipment until the full purchase price if received by INFO-GRO. The Minimum Subscription Period for this Agreement shall be a minimum of 6 (six) months in order for INFO-GRO to recover the cost of the Equipment installed by INFO-GRO.
• In the event that the Agreement is cancelled by the Subscriber within 6 (six) months from the commencement date, the following cancellation fees will be payable to INFO-GRO immediately upon cancellation:
  • All Fibre accounts: R999.00 (nine hundred and ninety-nine Rand) VAT included (this includes Openserve etc.);
  • Wireless accounts: R1 900 (one thousand nine hundred Rand) VAT included.
• The Subscriber agrees and acknowledges that the cancellation fee is fair and reasonable.
• No minimum subscription period will apply where no hardware was supplied by INFO-GRO at a reduced cost or when no installation/activation were incurred by the service provider.
• The Parties further acknowledge that clauses 3 and 2.4 are not applicable to Subscribers that previously entered into an agreement with INFO-GRO of which the subject matter is the same or similar to what is provided for herein as set out in clause 2.2 above.

3.     PROVISION OF THE SERVICE/S

• The Application made by the Subscriber is subject to INFO-GRO’s approval, in its sole If INFO-GRO does not approve the Application, it shall not be under any obligation to give reasons for its decision to the Subscriber.
• INFO-GRO shall endeavour to promptly connect the Service/s requested in the Application but shall not be liable to the Subscriber in the event that the connection of such Service/s is delayed or cancelled for any reason whatsoever.
• From the commencement date and for the duration of this Agreement thereafter, INFO-GRO shall make reasonable efforts to make available a continuous, uninterrupted, expedient, and error-free Service/s to the Subscriber, subject to the terms and conditions set out herein.
• Notwithstanding the provision of clause 3, the Subscriber acknowledges that in the normal course of provision of Service/s, temporary interruptions may occur for whatsoever reason and that, subject to the conditions set out in clause 4, INFO-GRO shall not be held liable for any damages (including direct, indirect and/or consequential damages) which the Subscriber may suffer as a result of such interruption of Service/s.
• Unless otherwise stated herein the Subscriber shall solely be responsible, for provisioning, configuration, and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary to make use of the Service/s.
• The Subscriber will solely be responsible for maintaining the Equipment’s line of sight (including but not limited to trimming of any tree and or removing obstructions that could possibly interfere with the network signal) regarding any wireless Service/s being provided by INFO-GRO in terms of this Agreement.
• Where the Service/s or any part thereof are provided directly or indirectly by a third-party network or service provider, then such Service/s or the Subscriber’s connection or access thereto may be delayed, interrupted, or diminished for reasons beyond INFO-GRO’s control and INFO-GRO shall not be held liable for any such delay, interruption, or diminution.

4.     PAYMENT

• INFO-GRO’s Service/s will be provided to the Subscriber on a pre-paid
• In order to have continued access to the Service/s, the Subscriber shall affect payment of all Monthly Service Charges, free of deduction and set-off to INFO-GRO, by way of recurring debit order which is payable monthly in advance on or before the debit order due date as selected by the Subscriber in terms of this Agreement, unless otherwise agreed upon in writing between the Parties.
• The Subscriber acknowledges that the Monthly Service Charge payment should reflect in INFO-GRO’s nominated account by no later than the 3rd of every consecutive month, for continuous access to INFO-GRO’s Service/s.
• The Subscriber duly authorizes INFO-GRO to collect any Charges due to INFO-GRO in terms of this Agreement by means of a debit order as set out and completed in the debit order mandate in the Application.
• Should the Subscriber be indebted to INFO-GRO for more than one Charge in terms of this Agreement, the Subscriber authorizes INFO-GRO to collect any other Charges form the Subscriber, so that only one debit order is payable and debited against the Subscriber’s bank account.
• If the Subscriber’s payment does not reflect in INFO-GRO’s nominated account on the date as contemplated in clause 3 above, INFO-GRO will, in its sole discretion, be entitled to immediately suspend all Service/s provided to the Subscriber in terms of this Agreement without further notice to the Subscriber.
• Should the Subscriber’s Service/s be disconnected as a result of non-payment of any Charges, the Service/s may be reconnected, in INFO-GRO’s sole discretion, on payment of all outstanding Charges, interest and a Reconnection Fee in the amount of R50.00 (fifty rand) VAT included.
• INFO-GRO may, on written or electronic (via SMS and/or email) notice to the Subscriber, vary any Charges, either in whole or in part, with effect from the date specified in such notice.
• INFO-GRO may use payment systems owned and operated by third parties (“Payment System Providers”) to facilitate the collection of Charges and other amounts payable by the Subscriber in respect of the Service/s. None of these Payment System Providers is INFO-GRO’s employee, subcontractor, agent, intermediary or representative, or otherwise controlled by INFO-GRO.
• The Subscriber will further be separately invoiced for any Labour Cost, any Additional Equipment, any additional Charges incurred by INFO-GRO relating to the provision of the Service/s, which invoice shall be payable immediately upon receipt by means of Cash on delivery via a card payment and/or by way of EFT, unless the Subscriber elected an Incidental Credit Facility for Additional Services, in which event payment will be subject to the provisions of clause 5.
• Should the Subscriber fail to make any other payment on due date as referred to in terms of this Agreement, then INFO-GRO will, in its sole discretion, also be entitled to immediately suspend all Service/s provided to the Subscriber in terms of this Agreement without further notice to the Subscriber.
• Any payment not made to INFO-GRO before or on the due date, will bear interest at the maximum applicable interest rate in respect of incidental credit agreements, as prescribed by the National Credit Act, act 34 of 2005 (currently 24% (twenty four percent) per annum), which interest will be calculated from the due date to the date of payment and will be capitalized monthly.
• The Subscriber shall pay the applicable Charges for the provision of the Service/s to INFO-GRO, as determined by INFO-GRO from time to time, irrespective whether there was an interruption of the Service/s, or the Subscriber did not make use of the Service/s.
• Should the Subscriber’s bank dishonour any payment offered by the Subscriber to INFO-GRO, INFO-GRO shall be entitled to charge a reasonable administration fee, over and above the dishonoured payment and bank
• In the event that the Subscriber disputes an amount reflected as being payable by the Subscriber in terms of any invoice and/or statement received from INFO-GRO:
  • the Subscriber will be liable to make full payment of the respective invoice and/or statement in dispute;
  • The Subscriber must deliver a written notice via email to INFO-GRO at debtors@Infogro.net stipulating the details of the dispute within 5 (five) Business Days after receipt of the invoice and/or statement, failing which the Subscriber will not be entitled to dispute same and the content of the invoice and/or statement shall be deemed correct and payable by the Subscriber;
  • after receipt of the Subscriber’s notice as referred to in clause Error! Reference source not found. INFO-GRO shall furnish the Subscriber with whatever documents or materials may be reasonably required by the Subscriber to verify the amount reflected as being payable within 5 (five) Business Days of receipt of such notice (or such longer period as the Parties may agree); and
  • in the event of a successful dispute of the invoice and/or statement by the Subscriber, INFO-GRO will credit the Subscriber’s account with the disputed amount.
• The Subscriber shall, on demand, pay to INFO-GRO all costs and expenses incurred by INFO-GRO in enforcing the terms of this Agreement, including without limitation, legal costs on an attorney and own client basis.
• The Subscriber confirms that a certificate signed by anyone of INFO-GRO’s Directors, Managers or Legal Advisors, whose appointment need not be proved, indicating the amount owed and payable by the Subscriber to INFO-GRO at any given time in terms of this Agreement, shall, for the purposes of all legal proceedings against the Subscriber for the recovery of such amount, serve as sufficient prima facie (adequate without proof to the contrary) proof of the facts contained therein and of the amount owed by the Subscriber to INFO-GRO, as well as of the current interest rate at which interest is calculated on outstanding amounts.

5.     TERMS OF INCIDENTAL CREDIT FACILITY

5.1.         In the event that an Incidental Credit Facility for Additional Charges is made available to the Subscriber, the Subscriber undertakes to settle all accounts on/before the last day of the month following the month during which the Additional Charges were incurred.

5.2.         Any amount outstanding in terms of the Incidental Credit Facility and not paid as set out in clause 5.1 shall accrue interest at the maximum applicable interest rate in respect of incidental credit agreements, as prescribed by the National Credit Act, act 34 of 2005 (currently 24% (twenty four percent) per annum), which interest will be calculated from the due date to the date of payment and will be capitalized monthly.

5.3.         Should any amount owed in terms of this clause 5 not be paid as agreed, the full amount owed by the Subscriber shall immediately become due and payable and INFO-GRO shall be entitled to terminate the Subscriber’s Incidental Credit Facility.

6.     INSTALLATION AND CONNECTION

• The Subscriber acknowledges that any installation date or connection date furnished by INFO-GRO is provisional only.
• INFO-GRO shall not refund any payment received in respect of Connection/Installation fees in the event that the Subscriber cancels the Agreement for whatever reason.

7.     LIMITATION OF LIABILITY

• Without detracting from any of the other provisions of this Agreement, INFO-GRO shall under no circumstances be liable, including liability for negligence, for any loss, damage (including direct, indirect and/or consequential damages) or injury of any kind which the Subscriber or any third party may suffer as a result of the provision of the Service/s.
• Any Service/s provided, are provided to the Subscriber on an “as-is” basis and INFO-GRO, its employees and/or subcontractors give no express or implied warranties or makes no representations of whatsoever nature with respect to any such service/s.
• The Subscriber hereby indemnifies INFO-GRO:
  • against any loss, damages (including direct, indirect and/or consequential damages) or liability arising from the provision of Service/s to the Subscriber, its employees, directors, agents and/or representatives;
  • against any loss damages (including direct, indirect and/or consequential damages) or liability of whatsoever nature arising from a breach of INFO-GRO’s security measures, any misuse of INFO-GRO’s facilities or services and/or any act or omission of any other customer of INFO-GRO;
  • from any claim by any third party arising directly or indirectly out of or related to the Subscriber’s access to or use of Service/s rendered by INFO-GRO, or any information obtained through such access or use; and
  • from all loss, damage (including direct, indirect and/or consequential damages) or cost or liability in the event that the Subscriber’s use of the Service/s supplied hereunder –
    • constitutes a violation of any law, regulation, or tariff;
    • is defamatory, fraudulent, or deceptive;
    • is intended to threaten, harass, or intimidate; or
    • interferes with the use or enjoyment of other

8.     THE EQUIPMENT

• If in the provision of the Service/s to the Subscriber in terms of this Agreement, INFO-GRO provides Equipment to the Subscriber:
  • the Subscriber acknowledges and agrees that all rights of ownership in and to the Equipment shall for the Minimum Subscription Period of this Agreement (as set out in clause 3), at all times remain vested in INFO-GRO (subject to the provisions of clause 2.5) unless otherwise agreed upon in writing subject to INFO-GRO ’s sole discretion;
  • Accordingly, the Subscriber shall not for the duration of the Minimum Subscription Period hold itself out as the owner of the Equipment, nor sell, transfer, dispose of, mortgage, charge or pledge the Equipment, or permit the possession of the Equipment to be taken away from the Subscriber.
• Notwithstanding the provisions of clause 1.1 above, all risk in and to the Equipment shall pass to the Subscriber on delivery thereof to the Subscriber and the Subscriber shall be liable for all loss, theft, destruction of or damage thereto, howsoever arising.
• The Subscriber shall:
  • display, in relation to the Equipment, no lesser degree of care than it would if same belonged to it and shall take all reasonably necessary precautions to avoid loss, theft, destruction of or damage being caused to the Equipment;
  • not procure repair or maintenance of the Equipment by any third party during the Minimum Subscription Period without the prior written consent of INFO-GRO or in any other manner tamper with the Equipment;
  • not make any alteration or modification to the Equipment nor use the Equipment, or permit the Equipment to be used, for any purpose for which it is not designed or in contravention of any applicable law or regulation.
• INFO-GRO shall, at its sole discretion, be entitled to recover from the Subscriber any costs relating to repairs, replacements, adjustments, or error corrections arising out of a failure by the Subscriber to abide by the provisions of clause 9. The Subscriber shall make payment to INFO-GRO in respect of such costs upon

9.     ADDITIONAL EQUIPMENT

• Should the Subscriber request INFO-GRO to provide Additional Equipment relating to the provision of the Service/s:
  • INFO-GRO will provide the Subscriber with a written quotation, which will set out the estimated costs relating to the Additional Equipment based on the information that was provided by the Subscriber;
  • INFO-GRO may vary any quotation, either in whole or in part, upon written or electronic (via sms and/or email) notice to the Subscriber.
• The provision of Additional Equipment is subject to the following:
  • the Subscriber written acceptance of the INFO-GRO’s quotation;
  • full payment of the amount as set out in the quotation by means of Cash on delivery via card payment and or by way of EFT, unless the Subscriber has entered into a separate month account with INFO-GRO, which account has available limits for the purchasing of Additional Equipment;
  • the availability of the Additional

10.  USE LIMITATIONS

The Subscriber hereby confirms –

• That it is and will remain aware of and will at all times comply with all statutory and other regulatory provisions and rules applicable to the provision and use of the Service/s from time to time.
• That it shall make use of the Service/s in a responsible, prudent, lawful, and honest
• That it shall comply with any directions, instructions and limitations issued or notified by INFO-GRO from time to time in connection with the Service/s.
• That it shall not use any Service/s in a manner which –
  • constitutes an act or omission that is unacceptable or offensive to internet users in general, to the public at large or as same may be determined by INFO-GRO from time to time in its sole and absolute discretion, specifically including, but not limited to, the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
  • constitutes an act or omission that is unacceptable or offensive to internet users in general, to the public at large or as same may be determined by INFO-GRO from time to time in its sole and absolute discretion, specifically including, but not limited to, the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
  • is defamatory, fraudulent, or deceptive;
  • is intended to threaten, harass, or intimidate;
  • tends to damage the name or reputation of INFO-GRO, its holding company and subsidiaries; or
  • interferes with the use and enjoyment of Internet related services of customers of INFO-GRO.
• That the Service/s to be rendered to the Subscriber shall be as defined and subject to such limitations as may be notified from time to time by INFO-GRO.
• That the Subscriber is aware that all relevant Service/s quality and coverage available shall be limited to that supported by the infrastructure of INFO-GRO and its network providers and that service may from time to time be adversely affected by a number of different causes.
• That the Subscriber shall not commit any act or omission which may have any adverse technical effect on the integrity or functionality of the network infrastructure of INFO-GRO or that provided or made available to the Subscriber by or through INFO-GRO. If any act or omission of the Subscriber has such an adverse technical effect the Subscriber shall, on receiving notification to that effect from INFO-GRO, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which INFO-GRO shall be entitled without prejudice to its other rights in terms hereof or at law, to forthwith suspend the Service/s and/or terminate this Agreement.
• That unless otherwise agreed to by INFO-GRO in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the Service/s provided to it by INFO-GRO.
• That it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by INFO-GRO for use by the Subscriber and shall specifically not disclose same to any third party without INFO-GRO’s prior written consent.
• That it shall comply with the rules and regulations applicable to any network that is accessed through INFO-GRO.

11.  SUSPENSION OF SERVICE/S

• INFO-GRO may from time to time and without notice suspend the service in any of the following circumstances:
  • during any technical failure, modification, or maintenance either of the Service/s or the Equipment by means of which the Service/s is provided;
  • if the Subscriber –
    • fails to comply with any of the terms and conditions of this Agreement, including failure to pay any Charges on due date;
    • does or allows to be done anything which, in INFO-GRO’s sole discretion, may negatively affect the operation of the INFO-GRO Network or the provision of services to the Subscriber or to any other customer(s) of INFO-GRO.
  • Notwithstanding any suspension of Service/s under this clause the Subscriber shall remain liable for all Charges due hereunder throughout the period of suspension unless INFO-GRO, in its sole discretion, determines otherwise.

12.  CANCELLATION

• The Subscriber shall be entitled to cancel the Agreement, upon written notice to INFO-GRO via email to debtors@infogro.net, subject to the provisions of clause 1.1.
• The Subscriber acknowledges that they will be liable for the payment of the subsequent Monthly Service Charge, should they fail to timeously inform INFO-GRO, with one calendar month written notice.
• Notwithstanding any provision to the contrary contained in this Agreement, INFO-GRO shall at any time be entitled to terminate this Agreement on not less than 30 (thirty) days’ written notice to the Subscriber.
• Without prejudice to any other rights or remedies which INFO-GRO may have in terms hereof or in law, INFO-GRO shall be entitled to immediately terminate this Agreement and discontinue its Service/s if the Subscriber fails to comply with any of the terms or conditions of this Agreement or any other agreement entered into between INFO-GRO and the Subscriber.
• INFO-GRO will be entitled to disconnect the Subscriber from INFO-GRO’s Networks and all of its network providers, upon termination of this Agreement and or upon failure by the Subscriber to effect payment of the prescribed Charges and or comply with any obligation as set out in this Agreement.
• Any amount due by the Subscriber to INFO-GRO shall become immediately due and payable upon termination and or cancelation of this Agreement.
• Upon termination due to any breach of this Agreement by the Subscriber, the Subscriber acknowledges that INFO-GRO shall be entitled to claim damages (including direct, indirect and/or consequential damages) resulting from the Subscriber’s breach.

13.  SUPPORT SERVICE

• INFO-GRO shall, when specifically requested to do so by the Subscriber in writing via email (support@infogro.net), render such consultation and support services pertaining to problems encountered by the Subscriber in the INFO-GRO Service/s rendered to it or with its internet related services in general, subject to the payment by the Subscriber of all hourly tariffs, travelling cost and other related fees in respect
• INFO-GRO shall attempt to identify and solve the Subscriber’s problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to identify and/or solve all or any of the
• The Subscriber shall –
  • render to INFO-GRO, its agents, representatives, and employees all necessary assistance to identify, locate and solve any problem encountered by the Subscriber; and
  • ensure that the security of all agents, representatives and employees of INFO-GRO present at the Subscriber’s premises is the responsibility of the Subscriber and the Subscriber hereby assumes and accepts responsibility and liability for any costs, expenses, losses or damages of any kind whatsoever suffered by INFO-GRO or any of its representatives, agents or employees.
• INFO-GRO does not and shall not accept any responsibility or liability for any existing data on the Subscriber’s equipment and shall specifically not be required to back-up any data before commencing any support The Subscriber hereby indemnifies and holds INFO-GRO harmless against any cost, liability, loss or damage (including direct, indirect and/or consequential damages) incurred or suffered by the Subscriber as a result of the loss of any such data, whether occasioned by any act or omission of INFO-GRO, its representatives, agents or employees or otherwise.
• Consultation time charged will commence when the relevant INFO-GRO agent, representative or employee leaves the INFO-GRO office and will end when he returns to the INFO-GRO office. The Subscriber will be charged should the consultant for any reason whatsoever not be able to gain access to the Subscriber’s premises or equipment for whatsoever reason.
• Support services will only be available during the specific hours published on the Website, from time to time.

14. PROTECTION OF PERSONAL INFORMATION ACT 4 of 2013
    • The Subscriber acknowledges and confirms that INFO-GRO may process the Subscriber’s information, including amongst others, information regarding marital status, national origin, age, language, birth, education, finances, identifying number, e-mail address, physical address, telephone number, online identifier, biometric information and name/s (the processing of information includes the collection, storage, updating, use, making available or destruction thereof) to (amongst others):
      • comply with legislative, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests;
      • detect, prevent and report theft, fraud, money laundering and other crimes;
      • enforce and collect on any Agreement, when in default or breach of the Agreement’s terms and conditions;
      • perform historical, statistical and research purposes;
      • do affordability assessments, credit assessments and credit scoring;
      • enable INFO-GRO to deliver documents or notices to the Subscriber;
      • conduct secure identity verification and to check the accuracy of the Subscriber’s
    • The Subscriber acknowledges and confirms that INFO-GRO may share the Subscriber’s information with the following persons (amongst others) who has an obligation to keep the Subscriber’s information secure and confidential:
      • Attorneys, tracing agents, debt collectors and other persons that assists with the enforcement of Agreements;
      • Debt counsellors, payment distribution agents and other persons assisting with debt review processes;
      • Payment processing services providers, merchants, banks and other persons that assists with the processing of payment instructions;
      • Law enforcement and fraud prevention agencies;
      • Regulatory authorities, governmental departments, local and international tax authorities and other persons that INFO-GRO under law have to share the Subscriber’s information with.
      • Persons to who INFO-GRO cedes its rights or delegates its
    • The Subscriber acknowledges and confirms that the Subscriber may:
      • access the information INFO-GRO has about the Subscriber and may request INFO-GRO to correct or delete the information if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or no longer authorised to be kept and may file a complaint with the Information Regulator about an alleged contravention of the protection of the Subscriber’s information;
      • withdraw consent which allows INFO-GRO to process the Subscriber’s information, except if otherwise allowed, or required by law.

15.  DISCLOSURE REQUIRED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002:

Full name: INFO-GRO (Pty) Ltd   

Registration number: 2000/023821/07

Physical address: Corner of Graham and Silver Lakes Road, Silver Lakes, Pretoria, 0081   

Website: https://www.infogro.co.za/

INFO-GRO ’s contact details:

General support –

Email: support@infogro.net

Telephone number: 012 381 2832

Support hours: as published on the Website from time to time

Debtor’s support –
Email: debtors@infogro.net

Telephone number: 012 381 2832

Office hours: as published on the Website from time to time 

Escalations –

Email: escalations@infogrosp.co.za
Telephone number: 012 381 2832
Complaints –

Email: complaints@infogrosp.co.za

WhatsApp number  066 301 5916

Office hours: as published on the Website from time to time.

16.  GENERAL

• The Subscriber shall not cede, assign, transfer, encumber or delegate any of its rights or obligations in terms of this Agreement to any third party. Notwithstanding anything to the contrary contained herein, INFO-GRO shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any third party.
• The terms and conditions as set out herein, constitute the entire agreement between INFO-GRO and the Subscriber and supersede all representations made to the Subscriber, all amendments effected by the Subscriber to any Application, Registration Page and/or this Agreement or other similar document submitted by him and all communications between INFO-GRO and the Subscriber relating to the subject matter No representations and or amendments shall be of any effect or binding until reduced to writing and signed by both Parties.
• The Subscriber chooses, as his/hers/its domicilium citandi et executandi, the physical address as set out in the Application completed by the Subscriber on the Registration Page. The Subscriber must give INFO-GRO written notice within 7 (seven) Business Days, should the Subscriber’s domicilium citandi et executandi change, provided that it is still a physical address within the Republic of South Africa.
• INFO-GRO reserves the right to amend these terms and conditions from time to time and shall notify the Subscriber of such amendments.
• This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
• The clause headings in this Agreement are for the purpose of convenience only and shall not be considered in the interpretation of or modify the terms of this Agreement, unless inconsistent with or a contrary intention clearly appears from the context words, importing any reference to natural persons include legal persons and vice versa.
• If any clause or clauses of the terms and conditions of this Agreement is found to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and
• The Subscriber acknowledges having read and agreed to the full Terms and Conditions. By submitting the online application, the Subscriber confirmed agreement to all terms outlined. This submission constitutes binding consent in accordance with Section 13(3) of the Electronic Communications and Transactions Act 25 of 2002.