TERMS & CONDITIONS


We thank you for considering using Splendi and extend our warmest welcome. 

By using this Website or communicating with Splendi by electronic means, you provide your consent and acknowledge that any and all agreements, notices and disclosures satisfy the legal requirements, that such communications should be in writing, and that you agree to be bound by these Terms and Conditions (“ToU”). By proceeding with the use of the Splendi website and services, you expressly acknowledge and agree to these ToU, especially important disclaimers, warranties and limitations on liability. These ToU constitute the entire agreement (“the Agreement”) between Splendi and yourself with regard to the use of the content and this website (“Website”).

Our Services

Splendi is a consumer services portal owned and operated by zenAptix (Pty) Ltd hereinafter referred as zenAptix, providing free access to your credit information. Splendi thereby assists you in getting a better understanding of your credit information for you to manage your financial wellbeing. When we refer to “Services,” we mean all products and services owned and operated by Splendi or any of its affiliated companies (collectively, “Splendi,” “we,” or “us”), including the content, features, tools, data, software and functions made available by Splendi through the Website, and our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of use. As of the effective date of these terms, our Services include the following:

Your Splendi Account

You will need to register for a free member account to access many aspects of our Services, which includes but is not limited to credit scores and reports and credit monitoring services. Registering your Splendi member account is optional, but if you do not register for an account, you will not be able to access certain aspects of our Services. By registering for a Splendi member account, you warrant and represent that (i) any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete (ii) you are only registering an account for yourself and (iii) you will keep all information up-to-date, (iv) the updated information you provide may be used to update your credit information as held by XDS (Pty) Ltd and or zenAptix which are registered Credit Bureaus and (v) your information may be shared with partners of Splendi with whom you have agreed to engage with. 

You are prohibited from selling, transferring, or assigning your account to anyone else. Your password is at all times to be kept confidential, and you may not share it or allow anyone else to log into our Services with your account. You accept responsibility for all activities that occur under your member account. It is your responsibility to notify us immediately if you believe that your account is no longer secure. 

When you register as a member, you authorise us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy (link to Privacy Policy). You acknowledge and agree, when registering a Splendi member account that you are asking us to create your member profile and access your free credit scores and reports, and other information so we can provide our tools and services.

Limitations and Restrictions on Use of Our Services

In order to use Splendi’s Services and access any content on our Website you must be 18 or older. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. You warrant hereby that your use of the services and Content is for a legitimate and lawful purpose. We reserve the right to limit the availability of our Services or the provision of any of our content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion. Splendi may need to communicate with you via SMS, in which case you agree to (i) having access to receive SMS from Splendi and (ii) be liable to your mobile operator for such charges. Notwithstanding the above Splendi cannot guarantee that you will receive any SMS, OTP or communication as this is entirely dependent on your cellular service provider. You may not assign the agreements, in whole or in part, nor transfer or sub-license your rights under the agreements, to any third party.

Ownership and Infringement

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of Splendi and/or its third-party licensors. Our Content is protected by South African and international intellectual property laws and treaties. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement. 

Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our third-party partners (our “Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.

Disputes

Your credit report contains credit information from XDS, a registered Credit Bureau. Your credit or service account information is provided to XDS by credit or service providers with whom you have an account or accounts. These credit or service providers may have inaccuracies in the data that they have provided to XDS. For such inaccuracies to be investigated, you need to lodge a dispute using a dispute form which must be completed and emailed to info@splendi.co.za or informationofficer@zenaptix.com. zenAptix has 20 business days to investigate and provide a resolution on your dispute. Please download the dispute form here

Disclosure & Report Abuse or Complaints

Splendi has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (i) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request, if we believe such action is required or permitted by law; (ii) enforce this Agreement, including to investigate potential violations; (iii) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (iv) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our partners. Any complaints regarding the standard and quality of the product or services bought by you through our facility should be directed to zenAptix Information Officer: informationofficer@zenaptix.com

Disclaimers

We provide our services, our content, and all content and materials available through our services “as is” and “as available” without any warranty or condition of any kind, express or implied. Splendi, on behalf of itself, its affiliates and its licensors, disclaims all warranties of any kind, whether express or implied, relating to our services, our content, including the implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title and non-infringement, and any warranty arising out of course of dealing, usage or trade.

No advice or information, whether oral or written, obtained by you from our services, our content, or otherwise available through our services will create any warranty regarding Splendi or any of our services that is not expressly stated in these terms. You use our services, and use, access, download, or otherwise obtain our content, or other content available through our services, at your own discretion and risk. You assume all risk for any damage that may result from your use of or access to our services, your dealings with any other member or third party, and your use of our content, or other content available through our services. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our services), or the loss of data that may result from the use of our services or the use of any of our content, the community content or other content available through our services. 

You acknowledge that Splendi is solely an intermediary (i) between you and any third party or other information providers actually supplying your credit reports, credit scores and other information. 

Splendi expressly disclaims any liability for any errors or omissions in our content or our services, including the inaccuracy or incompleteness of any such credit reports, credit scores, or other information, tools or analyses available through our services or our content. Notwithstanding the foregoing, nothing in this section shall affect warranties which are incapable of exclusion or restriction under applicable law.

Limitation of Liability

Splendi and its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors (collectively, the “Splendi parties”) will not be liable to you or any third party for any special, indirect, incidental, consequential or punitive damages (such as loss of profits, loss of goodwill, loss of use, loss of data, business interruption, or other intangible losses) arising out of or relating in any way to our services or content. if any of the foregoing limitations are found to be invalid, the Splendi parties' total liability for all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to the greatest extent permitted by applicable law.

Indemnification

You will defend (on demand by any Splendi Party), indemnify, and hold harmless the Splendi Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the Splendi Parties in connection with any claim by a third party arising out of or in any way related to: (i) your use of our Services or our Content; (ii) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (iv) any dispute between you and a third party, including any provider of third-party content. You must not settle any such claim or matter without the prior written consent of Splendi.

Consent to Jurisdiction

This Website is controlled, operated and administered by Splendi from its offices within the Republic of South Africa. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand courts in the event of any dispute (including alternative dispute resolution in the sole discretion of Splendi).

Duration and Termination

Unless terminated by yourself or Us, your access to Splendi shall remain in force. Your access to Splendi may be terminated by yourself by informing Splendi on info@splendi.co.za that you wish for your membership and access to Splendi to be terminated. These Terms of Use shall remain in full force and effect while you use the Splendi’s Website. 

Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your Splendi member account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

General

Severability and entire agreement. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

Variation of Terms and Conditions. Splendi reserves the rights to change, modify, add or remove portions or the whole of these Terms and Conditions from time to time. Occasionally we may make these changes for valid reasons, such as improving theexisting functions or features or adding new functions or features to the service, implementing advancements in science and technology, and reasonable technical adjustments to the service, ensuring the operability or the security of the service, and for legal or regulatory reasons. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your obligation to check changes, upon notice which will be provided once you access this Website, to these Terms and Conditions. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates. 



PRIVACY AND COOKIE POLICY


Splendi is a product of XPERT DECISION SYSTEMS (PTY) LTD ("XDS"). XDS is a registered credit bureau who values the protection of consumer privacy. Please read this Privacy and Cookie Policy carefully before using our website or registering to use our services in order to understand our views and practices regarding your personal data and how we will treat it. This Privacy Policy sets out the basis on which any personal data will be processed by us. 

References in this Privacy Policy and on our website to “we”, “our” or “us” are references to Splendi and or XDS. References to “you” and “your” means each natural or legal person who uses our website or the associated services. 

This Privacy Policy is incorporated into and is subject to Splendi's Terms and Conditions as reflected on www.splendi.co.za. 

By visiting our website, you are accepting and consenting to the practices described in this Privacy Policy. For the purpose of this Privacy Policy “applicable data protection law” means any laws in your jurisdiction in relation to data protection and privacy. 

We specifically comply with the National Credit Act, 2005 (No.34 of 2005) (“NCA”) ,the Protection of Personal Information Act, 2013 (No. 4 of 2013) (“POPIA”) and the principles outlined in Sections 50 and 51 of the Electronic Communications and Transactions Act, 2002 (No.25 of 2002) which govern your right to having your personal information kept private. 

For the purpose of this Privacy Policy, "Consumer Credit Information" means consumer credit information as defined in Section 70 of the NCA; and “Personal Information” means personal information as defined in Section 1 of the POPIA. You will be asked to provide your Personal Information when registering, accessing or using any Services (as defined under the Terms and Conditions). In this regard, we may collect a variety of information, including your:

  • Full name;
  • Contact numbers;
  • Email address;
  • SA ID number and/or Date of Birth;
  • Non-RSA ID number and/or Date of Birth;
  • Address details;
  • Marital status;
  • Family relationships; and or
  • Answers to security questions relating to your Consumer Credit Information on your Splendi Account.
Internet Information

When you visit and use any products or functions on Splendi’s site (“Site”), we may collect the behavioural data and general internet data, including your internet protocol ("IP") address, metadata, location data, date and time you visit by:

  • our use of cookies

A "cookie" is also set on your computer to allow us to recognize you whenever you visit and collect information, like the pages you visit and the preferences you choose. We use the information we collect for statistical purposes and to study how the Site is used so that we may improve and enhance your experience on the Site. We may provide such information collected to outside vendors located overseas for such purposes. No personal information is stored in cookies. It is possible for you not to accept our cookies while using the Site by setting the preference in your web browser. If you do so, you may not be able to apply for credit reports online, but you can still visit the pages on the Site;

  • our use of third parties

We may use domestic or overseas third-party advertising companies to serve ads on the Site or on other sites which we use for advertising. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness; and they are not authorized to use the information we share with them for any other purpose. Any information that these third parties collect via cookies and action tags is completely anonymous;

  • our use of Analytics

Google analytics cookies may be used to: distinguish unique users, throttle the request rate, determine which domain to measure, remember the number and time of previous visits, remember traffic source information, determine the start and end of a session, remember the value of visitor-level custom variables, determine a user's inclusion in an experiment, determine the expiry of experiments a user has been included in and for campaign mappings.

  • our use of anonymous data

In order to enhance the usefulness of the Site and our Services, Splendi will collect data about your use of the Site, in a manner that does not include any Personal Information. While you browse the Site, we note which pages of the Site you visit and note the IP address of your computer (as all web sites do automatically), but we do not link that address information to your personal information, other than for purposes of authentication and protection of your personal information when you access the Site electronically. The general information we gather enables us to serve you better by continually enhancing the Site based on up-to-date use patterns. We are provided anonymous information collected from other web sites on which we display advertisements that enables us to understand how visitors to the Site, who were exposed to ads we have placed on those other web sites, interact with the Site. We may use this information to enhance or modify our marketing that are designed to bring web visitors to the Site. You may opt-out of this anonymous data collection and sharing activity by:


Our Opt-Out service

In case you no longer want to receive our news or information, you may opt-out of receiving such by responding to the newsletter and asking to be unsubscribed, or by sending a request to informationofficer@xds.co.zarequesting to be taken off the list. If you signed up for our newsletter by selecting the special offers opt-in box during the ordering process, you may unsubscribe through the above two processes.

Our marketing data

The information we collect for our digital marketing business is segregated from Consumer Credit Information. Marketing data may include information on consumers, households, and businesses as well as non-personal aggregated information and advertising program performance data. Marketing data may include information about you, such as demographics, life events, public records, or firmographics.

Use and Disclosure of Personal Information

Splendi uses and discloses personal information to include only what is permitted and prescribed in terms of the NCA, POPIA or any other applicable laws or in instances where consumers have consented to such collection, use and disclosure. 

Confidentiality of your Personal Information is important to us. Unless we have your consent or permitted use under the national laws, we disclose your Personal Information to others. We will not use or share your Personal Information in ways unrelated to the circumstances described in this Privacy Policy. 

Specifically, we use and disclose information in the following circumstances:

(a) Information you give to us (or we collect from credit bureaux) or other third parties on your behalf as part of our services which we will use to:

  • administer your account and relationship with us and, to communicate with you by telephone, mail, email, text (SMS) message, instant messaging or other electronic means;
  • verify your identity as part of our identity authentication process (we will use the credit card or bank account information only for the purposes of verifying your identity (and to prevent, detect and prosecute fraud and crime and comply with legal or regulatory requirements) and will not retain it);
  • provide you with the information, products and services that you request from us;
  • provide you with information about other products and services we offer that are similar to those that you have already purchased;
  • provide you with information about products or services we feel may interest you or be best for you, where you have consented to receive such information;
  • your data may be shared with product providers to validate if you are an existing customer (which may affect whether you can be accepted for one of their products) or for fraud prevention purposes. The product provider does not have permission to use these data for any other purpose including marketing.
  • notify you about changes to our services;
  • ensure that content from our website is presented in the most effective manner for you and your device;
  • aggregate it on an anonymous basis with other data for data analytical and reporting purposes; and
  • undertake analysis and profiling of your credit information (and any other data provided by you or on your behalf or which we collect on your behalf) in order to identify and inform you of credit products (including personal loans and credit cards) that we consider are likely to interest you or be suited to your credit circumstances, where you have consented to receive such information.

(b) Information we collect about you which we will use to:

  • administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • build up a picture of your interests so that you don’t miss information relevant to you when you visit our website;
  • improve the service we offer you and to try and ensure that you get the best from our website, ensuring that content is presented in the most effective manner for you and for the devices you use to access it;
  • allow you to participate in interactive features of our service, when you choose to do so;
  • keep our website safe and secure;
  • measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • make suggestions and recommendations to you and other users of our website about products or services that may interest you or them, subject to having received your consent where necessary.

(c) Information we receive from other sources that we may combine such information with information you give to us and which we may use for the purposes set out above.

(d) monitor or record telephone conversations or other communications between you and us which we will use to check your instructions to us, analyse, assess and improve our services to you, for training and quality purposes and for the purposes of investigating any complaint you may make, or as evidence in any dispute or anticipated disputes between you and us.

Consumer Information included in your credit report

Our credit report may include the following information:

  • identifying information, such as first name, surname, ID number, physical and postal address, contact numbers, marital status, spouse details, and current employer and occupation;
  • account history or payment profile information a 24 month record of all your accounts with credit or service providers and a history of how you pay these accounts on a monthly basis;
  • enquiries which includes a list of credit or service providers authorized by yourself or permitted in terms of the NCA to receive your credit report;
  • public records such as judgments, administration orders, sequestrations, and rehabilitation;
  • default data as recorded on your credit profile when you fail to make the payment of money owed and which default data is submitted by the credit or service providers to us; and
  • any other information that is permitted to be included under the NCA.
Our consumer business

With your consent, we may use your Personal Information to promote and market additional products and services. If you provide your consent, we may share your Personal Information, e.g. name and email address, with one or more third parties in order to administer the programme and present such information to you. If you do not register your ID Number or Passport Number, we will not collect any Personal Information on you while you visit the Site. In connection with the email registration program, our third party email processor may use action tags (also known as single pixel gif or web beacons) to collect completely anonymous information concerning your use of the Site. Such a third party administrator is not authorized to use any such information for any other purpose. If you decide to register for emails, you may opt-out from receiving such communications, at any time as specified above.

In the majority of instances, Splendi is not capable of being provided with direct consent by consumers. Such consent is directly provided by consumers to Splendi's data suppliers. Splendi however takes all reasonable measures to ensure that all data suppliers are contractually bound to ensure that all legally required consents are obtained prior to accessing any Consumer Credit Information contained in our credit reports.

Digital marketing business

Through Splendi’s digital marketing services, we enable our business partners to communicate with consumers in a digital environment. In an effort to provide relevant products and services to consumers, these businesses use our data and technology to create, deploy, and measure targeted advertising programs digitally. We collect information as outlined below and use it for permitted marketing uses. In addition, we may aggregate and depersonalize data for analytical purposes, to provide reporting to our business partners, and for measuring advertising performance. As a part of enabling digital marketing services, we may use service providers.

Compliance with laws and regulations

We may only access, use and/or disclose your Personal Information without your consent in exceptional circumstances. These include circumstances where we believe such action is necessary to:

  • comply with the law or legal process served on us;
  • comply with requests for information from police or government authorities;
  • protect and defend our rights or property (including the enforcement of our agreements);
  • protect the public interest;
  • act in urgent circumstances to protect the personal safety of our employees or members of the public;
  • where applicable, with your implied consent; and
  • to the extent permitted or required in terms of the NCA, POPIA and other relevant national legislation.
Market research

Your participation in market research activities is optional. Should you choose to participate, we may use information you provide to improve your experience with our products and services. We may engage third parties to assist us with our market research efforts who may retain non-personal aggregated information. However, all Personal Information you provide will only be used for our research purposes.

Retention of your information

We retain your Personal Information for as long as reasonably necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose(s) remains valid after termination of our relationship with you.

Furthermore, we retain your Consumer Credit Information in our credit information database in accordance with the data retention periods prescribed by the NCA.

Transfer of Personal Information Outside

Unless permitted under the law or your consent is obtained, Splendi will not transfer your Personal Information outside the Republic of South Africa.

Your rights and participation

Splendi aims to ensure that your Personal Information is accurately recorded. To be able to achieve this, we adhere to processes that help ensure and maintain data accuracy. We provide individuals with reasonable access to review and correct their Personal Information, as detailed in our Site. 

When gathering your Consumer Credit Information Splendi works with our data suppliers to increase their awareness of the importance of providing only Consumer Credit Information that is accurate, complete, and up to date. Splendi however, cannot alter the information reported by such data suppliers, unless the information is determined to be wrong, incomplete or inaccurate. If you do not agree with the accuracy of information Splendi has on file, we have procedures in place to ensure that such information is verified, and where appropriate, amended or corrected. We however rely on you to bring any such information challenges to our attention. 

Unless otherwise provided in any laws, you have the right to access, update, correct or object to processing your Personal Information. You may do this by emailing informationofficer@xds.co.za

When you contact us please let us know your name, address, any email address you have provided on the Site and a description of the circumstances under which you provided the data. We will make reasonable efforts to incorporate as soon as practicable the changes in Personal Information that we maintain.

Security of your information

Splendi takes security and the protection of Personal Information and Consumer Credit Information seriously. We maintain physical, technical and organizational safeguards to protect any data that we collect. We have adopted procedures to secure storage of Personal Information and are committed to working with our data suppliers to protect the security of Personal Information during any transfer to or from us. Moreover, we have also instituted a number of safeguards to identify and help prevent the fraudulent use of Consumer Credit information Furthermore, your Personal Information is only accessible to those Splendi employees, agents or contractors for business purposes and on a strictly need to know basis. For security purposes all of the Personal Information that we collect or obtain about you, including your credit report, is housed in secure environments that have controls in place to limit access to and secure the data maintained therein. 

The Site, takes precautions to secure your Personal Information. If and when we ask you to provide your Personal Information, we will do so through a site that uses relevant industry standard authentication and authorization protocols as well as TLS (Transport Layer Security). TLS provides security for your information by encrypting it as it travels from your computer to our environments. 

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to or making alterations to data we maintain.

Children's privacy

We define children as individuals under the age of 18. The Site is not intended for the use of children and we do not intend to collect information about children through the Site. Splendi does not knowingly collect information from children under the age of 18 and our sites do not target children under 18. We encourage parents and guardians to take an active role in their children's online activities and interests. 

You must be at least 18 to access or use any products or services through the Site or become a subscriber of any subscription program entitled to subscription benefits. Specific to our direct marketing service, we define children as individuals age 18 or younger.

Third party sites

The Site may offer links to third party web sites including payment gateways for credit card payment. You should be aware that operators of linked web sites may also collect your Personal Information (including information generated through the use of cookies) when you link to their web sites. 

Splendi is not responsible for how such parties collect, use or disclose your information and it is important for you to familiarize yourself with their privacy policies before providing them with your Personal Information.

Enforcement of this Privacy Policy

Our compliance with this Privacy Policy will be monitored on a regular basis. Splendi reserves the right to modify this Privacy Policy. The Privacy Policy posted at any time via the Site shall be deemed to be the Privacy Policy then in effect.

Data Subject Rights

You have the right to access your personal information, dispute incorrect information, and request for your profile to be deleted. For more information please visit XDS website.