Version: August 2024

YOUR USE AND CONTINUED USE OF THE ADMIT VIA THE ADMIT PLATFORM/ CLIENT PORTAL AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS AND CONDITIONS AND ALL TERMS AND CONDITIONS AND NOTICES INCORPORATED HEREUNDER BY REFERENCE (I.E THAT ALSO FORM PART OF THESE) (“T&Cs”), INCLUDING:

Privacy Notice

ADMiT Consumer Terms and Conditions of Service

Principa Standard Terms and Conditions for Clients

1) DEFINITIONS

In these T&Cs, the following terms shall have the meaning indicated below.

ADMiT Platform: means the platform and database hosted, developed, and managed by Principa, consisting of the Consumer profiles and various related support services, used to deliver the Services to Clients and Consumers, and includes any website and/or any related (and/or enhanced) mobi-sites, software applications and/or any other platform or portals specifically made available by Principa in relation to the Services.

Affiliate: each Party’s ultimate holding company and of the Party’s ultimate holding company’s other subsidiaries from time to time.

Applicable Law: means all laws, regulations, directives, statutes, subordinate legislation, common law and civil codes of any jurisdiction, all judgments, orders, notices, instructions, decisions and awards of any court or competent authority or tribunal, all codes of practice having force of law, statutory guidance, regulatory policy or guidance and industry codes of practice

Assessment/s: means a test/ s (being a set of predetermined questions) provided to and taken by Consumers, through the ADMiT Platform, in order to generate a Consumer Score.

Confidential Information: means all information relating to or connected with these T&Cs or relating to a Party or its Affiliates (Disclosing Party) or its or their activities, in each case which is from time to time, or has been received or obtained by, or made available to, the other Party (the Recipient Party) (whether in writing, in disk or electronic form or any other form or medium in which such information may be recorded or kept, orally, pursuant to visits to premises or which can be obtained by examination, testing, visual inspection or analysis of any hardware or other item or component part) including information of whatever nature concerning the business, goods, products, know-how or personal information of a Party or its Affiliates, analyses and other material prepared by the Recipient Party which contain, reflect or are otherwise generated from the information described in these T&Cs and any information which is expressly indicated to be confidential, is imparted to the Recipient Party in circumstances importing an obligation of confidence, or which could reasonably be regarded as confidential.

Consumer: means an individual who registers on the ADMiT Platform in order to access the Services, create a Consumer profile and uses the Services.

Client / Lender: means a third-party who contracts with Principa to access the features and functionality of  ADMiT (via the Client Portal) including the ability to access Consumer Profiles;

Client Portal: means the portal available to all Principa clients s to sign up and receive services (including the Services) from Principa.

Intellectual Property (IP): means any trademarks, service marks, trade names, domain names, logos, get-up, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, and all similar proprietary rights which may subsist in any part of the world, as well as any Confidential Information or processes relating to that subject matter.

IP Rights: means all the rights in and to such IP, including the right to have IP registered in Principa’s name and rights to claim as Confidential Information.

Principa, Us, We, Our: means the owner of the ADMiT Platform; Principa Decisions(Pty) Ltd (Registration number: 1999/012713/07)) having its registered address at Corner of Century Way and Century Blvd, The Colosseum Building Office 1002 (MO6) Mezzanine Level, Century City, Cape Town, 7441, email: legal@principa.co.za, Telephone +27 21 680 6000   and (to the extent relevant and legally permissible) includes all of our directors, officers, employees, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

Parties: Principa and You, and each a Party.

Services: includes the provision of the ADMiT services provided by Principa to Consumers and Clients.

“You” “Your” or “User”: means, any person who creates an account, uploads any information onto the ADMiT Platform/Client Portal or uses our Services and includes both Clients and Consumers. 

2) USE OF THE ADMIT PLATFORM/ SERVICES

2.1) Our Services are only intended to be used by persons aged 18 years or over and who have full legal capacity and by your continued use of the Services you warrant this fact.

2.2) In order to use and access our Services you need to become a registered User by completing the registration process, on the ADMiT Platform or Client Portal (as applicable), where you will be prompted to provide us with login details and submit certain personal information (in line with our Privacy Notice). The process allows you to transition from being a browser to being able to access/procure the Services.

2.3) You agree and warrant that your login details will only be used for your/your entity’s own personal use and not to disclosed to any other third party or used on anyone else’s behalf. If you become aware of, or reasonably suspect, any unauthorised use of or access to your account or login details, you need to notify us of this immediately. 

2.4) You will be responsible for safeguarding and protection your login credentials and bound by and liable for any activity on the ADMiT Platform/Client Portal done under or using your login credentials (irrespective of whether such was fraudulent or unauthorised) and you indemnify us against any and all loss, damage or claims arising in this respect.

2.5) Unless otherwise expressly allowed by Principa, you may not sell, rent, lease, transfer, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account.

2.6) The use of the Services is entirely at your own risk. 

2.7) You may not use the ADMiT Platform/Client Portal for any offensive or unlawful purpose. Furthermore, you must not access, use, modify, distribute, transfer, or exploit our Services in unauthorised way, or in a way that may harm Principa, our Services, or systems, this includes, but is not limited to:

2.7.1) Gaining or trying to gain unauthorised access to our Services or systems.

2.7.2) Disrupting the integrity or performance of our Services in any way.

2.7.3) Sending, storing, or transmitting viruses or other harmful computer code through or onto our Services.

2.7.4) Creating accounts for our Services through unauthorised or automated means. 

2.7.5) Collecting information about our Users in any unauthorised manner; or (e) sell, rent, or charge for our Services.

2.8) Further we reserve the right to suspend your use of our Services, at any times in our discretion, and/or to remove any content from the ADMiT Platform/Client Portal where such is in breach of these T&CS.

2.9) You agree that you are responsible for compliance with any and all Applicable Laws that may apply to your use of the ADMiT Platform or the Services (including but not limited to not introducing any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment).

2.10) We make no representation or warranty (express or implied) that the Services:

2.10.1) will meet your needs;

2.10.2) will be accessible at all times;

2.10.3) will be free from viruses, spyware, malware or alike; and/or

2.10.4) information on the ADMiT Platform/Client Portal or related thereto is accurate, current, complete or free from errors. 

2.11) As far as is legally permissible, we shall not be liable for any loss, claim or expense relating to or arising from the above.

3) DEVICES, SOFTWARE AND UPDATES

3.1) In order to use the Services, you will need certain devices, software, and internet connections. Where applicable and in order to enable new features and enhanced functionality, you agree to manually or automatically download and install updates to our Services. In this regarding, you may receive Service related in-application notifications from us from time to time.

3.2) You are responsible for data, internet and mobile carrier charges and any other charges and taxes associated with use of our Services.

4) AVAILABILITY OF OUR SERVICES

4.1) We do not guarantee the availability of our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. 

4.2) Furthermore, we may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

5) THIRD PARTY SERVICES

5.1) Our Services may allow you to access, use, or interact with third party websites, apps, content, and other products and services. We are not responsible for the acts, content or privacy policies of these third-party websites. When you use third party services, their terms and privacy policies govern your use of those services.

6) COPYRIGHT AND INTELLECTUAL PROPERTY 

6.1) The ADMiT Platform/Client Portal (including all material published on it and the content hereon) are subject to IP Rights that are owned or licenced by us or other third parties, who are responsible for and warrant that that they have all necessary rights to such content and are not infringing or violating any third party rights by such content being posted on the ADMiT Platform/Client Portal and we will not be liable for any third-party infringement 

6.2) You may not use these without the respective party’s permission or as is legally permissible. Further you agree not use, change, hire out, reverse engineer, copy or duplicate (in any form) this ADMiT Platform or any of its content (including any intellectual property) without permission.

6.3) You hereby indemnify us against any claim, loss or damages (including third party) resulting from your infringement of any such rights. 

7) ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (ECT ACT)

7.1) When you visit the ADMiT Platform/Client Portal or sending us emails or other electronic communications, you consent to receiving communications from us electronically in accordance with our Privacy Policy.

8) DISCLAIMERS 

8.1) WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, TIMELINESS, OPERATION, INTEGRITY, AVAILABILITY OR FUNCTIONALITY OF OUR SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION ON OUR SERVICES.

8.2) ALL INFORMATION PROVIDED VIA OUR SERVICES BY US IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS CONTAINED IN OUR SERVICES.

8.3) IN ADDITION TO THE DISCLAIMERS CONTAINED ELSEWHERE IN OUR T&CS, WE ALSO MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, THAT THE SERVICES ARE FREE OF VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE WHICH IS ABLE TO CORRUPT, DESTROY, COMPROMISE OR JEOPARDISE THE OPERATION, STABILITY, SECURITY FUNCTIONALITY OR CONTENT OF YOUR DEVICES.

8.4) WE MAKE NO CLAIMS OR PROMISES AND ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING, BUT NOT LIMITED TO, ANY CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE ADVERTISERS LISTED OR FEATURED ON THE ADMIT PLATFORM/CLIENT PORTAL. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE ADMIT PLATFORM/CLIENT PORTAL IS AT YOUR OWN DISCRETION AND RISK. YOU HEREBY INDEMNIFY US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY USERS OR THIRD PARTIES. 

8.5) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE ADMIT PLATFORM/CLIENT PORTAL, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE ADMIT PLATFORM/CLIENT PORTAL.

9) QUERIES AND COMPLAINTS

9.1) If you have a query in respect of the Services, please contact us directly at: support@admit.credit.

10) AMENDMENTS

10.1) We may amend the any of General T&Cs from time to time.  To the extent permitted by applicable law, any such amendment will come into effect and become binding when notice of the change is given, which shall be done by publication on the ADMiT Platform and/or Client Portal (as applicable). It is your responsibility to check the application often. 

10.2) Your continued use of the Services confirms your acceptance of our amended terms. Should you not agree to our amended terms, you must stop using our Services.

11) GENERAL

11.1) These T&Cs (including all incorporated policies) constitute the whole agreement between the Parties and no variation, addition, deletion, or agreed cancellation of these T&Cs will be of any force or effect unless reduced to writing and signed by both Parties. 

11.2) You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&Cs to any third party.

11.3) Any failure by us to enforce any of our rights in terms hereof shall not constitute a waiver. Any indulgence, extension of time, relaxation or latitude by a party to the other shall not constitute a waiver of that Party’s rights.

11.4) If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

11.5) No remedy hereunder is intended to be exclusive of any other remedy that is otherwise or may in future be available under any law.