The User has elected to use XDS products or services as made available on this site, having been authorised to use the elected product or service. Such authorisation having been granted in terms of the Client Agreement agreed to between XDS and the Client, The Client has authorised the user to make use of XDS Products and Services.
By accessing and using the products and services offered by XDS you agree to be bound by the terms and conditions of this site and that of the Client Agreement as referred to above
In this Agreement, the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
1.1 ”Agreement” means this agreement being the XDS Standard Terms and Conditions of Use
1.2 “Client” refers to the entity on whose behalf the user access XDS products and services
1.3”Confidential Information” means all confidential information of XDS irrespective of the media in which it is contained and including but not limited to the Intellectual Property, print-outs, manuals, tables of statistics, software, applications, source codes, computer discs, magnetic tapes, samples and any data collected and stored in XDS's data bases from time to time;
1.4 “Consent” means any freely-given, specific and informed expression of will whereby consumer(s) agree to the processing of personal information relating to them;
1.5 “Consumer Credit Information” shall mean;
1.5.1. a person’s credit history, including applications for credit, credit agreements to which the person is or has been a party, pattern of payment or default under any such credit agreements, debt re-arrangement, incidence of enforcement actions with respect to any such credit agreement, the circumstances of termination of any such credit agreement, and related matters;
1.5.2. a person’s financial history, including the person’s past and current income, assets and debts, and other matters within the scope of that person’s financial means, prospects and obligations and related matters;
1.5.3. a person’s education, employment, career, professional or business history, including the circumstances of termination of any employment, career, professional or business relationship, and related matters; or
1.5.4. a person’s identity, including the person’s name, date of birth, identity number, marital status and family relationships, past and current addresses and other contact details, and related matters.
1.6 ”Intellectual Property” means all intellectual property of whatever nature owned and/or controlled by either Party, including without limiting the generality of the aforegoing, that Parties right, title and interest in and to all trade marks, technology, software, applications, web pages (including the “look and feel” thereof), standards, trade secrets, logos, systems, methods (including all delivery mechanisms and scoring processes), procedures, processes, the design, layout, “look and feel” and “get up” of the Reports, trade names, domain names, styles, insignias, compilations, designs, patents, and copyright whether registered or not;
1.7 “Parties” shall mean XDS, the Client and the User;
1.8 “Prescribed Information” shall mean information relating to:
1.8.1. Payment history and status in respect of continuous services;
1.8.2. Information that is relevant for the purpose of credit fraud detection and prevention;
1.8.3. Payments made by a person in respect of a debt, where the debt has been ceded or sold by the credit provider to another party;
1.8.4. Information that is not related to and not intended for the purpose of providing consumer credit, provided that the party ‘s consent has been obtained to use the information for such purpose and to submit, compile and report such information;
1.9 “Prescribed Purpose” shall mean: ;
1.9.1. an investigation into fraud, corruption or theft, provided that the Zimbabwe Republic Police or any other statutory enforcement agency conducts such an investigation;
1.9.2. fraud detection and fraud prevention services;
1.9.3. considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances;
1.9.4. an assessment of the debtors’ book of a business for the purposes of:
188.8.131.52. the sale of the business or debtors book of that business; or
184.108.40.206. any other transaction that is dependent upon determining the value of the business or debtors book of that business;
1.9.5. setting a limit of service provision in respect of any continuous service;
1.9.6. assessing an application for insurance;
1.9.7. verifying educational qualifications and employment;
1.9.8. obtaining consumer information to distribute unclaimed funds, including pension funds and insurance claims;
1.9.9. tracing a person by a Client in respect of a credit agreement entered into between the person and the Client;
1.9.10. developing a credit scoring system;
1.10 “Reports” means any data or information or response provided to the Client which is generated pursuant to the use by the Client of the Services set out in Annexure B hereto, as amended from time to time;
1.11 “the User” means the person who is accessing XDS products and services.
2. CONSUMER CREDIT INFORMATION
Consumer Credit Information is regarded as confidential information and XDS only reports such information for prescribed purposes. The User is obligated to respect the confidentiality of the Consumer Credit Information received through the use of XDS service or Products
3. ACKNOWLEDGEMENTS BY THE USER
The User acknowledges and agrees, that:
3.1 The User will at all times comply with the requirements of the Act and any other applicable legislation (to the extent that it is relevant to the User) for the request, receipt, compilation and reporting of information, requested and received from XDS.
3.2 The User shall for the duration of this Agreement comply with all applicable legislation and regulations in as far as it relates to the request and usage of the Services.
3.3 Where XDS is required by any law, to investigate a matter, The User will cooperate with such an investigation so far as it is related to the Client.
3.4 XDS reserves the right to take whatever reasonable action it may deem necessary at any time to preserve the security and reliable operation of its network infrastructure and the Client undertakes that it will not do or permit anything to be done which will compromise XDS’s security.
3.5 The User specifically acknowledges having received authorisation by the Client to access XDS products and services.
3.6. The User has a legitimate and lawful, as contemplated in the Act, purpose for processing the consumer credit information from XDS; and
3.7 All necessary consents, where required, from its clients/customers, to process their consumer credit information with XDS, have been obtained
4. ACKNOWLEDGEMENTS BY XDS
4.1 XDS acknowledges and agrees, that it will at all times comply with the requirements of the Act and any other applicable legislation (to the extent that it is relevant to XDS) for the maintenance, processing and reporting of information
4.2 XDS shall ensure that the Services provided in terms of this Agreement are in compliance with the Service Levels as agreed between XDS and the Client
5. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
The Parties agree and acknowledge that:
5.1. All right, title and interest in and to their respective Intellectual Property vests with either party hereto.
5.2. Nothing in this Agreement transfers ownership in any of the Intellectual Property to the other party hereto.
Save as specifically set out herein, XDS makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of this Agreement, the Services and/or the accuracy or correctness of the Reports, as the case may be, or any part thereof.
7. RIGHT TO AUDIT
XDS reserves the right to audit the Client on whose behalf the User is accessing XDS Products and Services to ensure compliance with Agreement
8. LIMITATION OF LIABILITY
8.1 XDS shall not be liable for any actual or contingent loss, liability, expense, costs (including legal costs on the scale as between attorney and own client and any additional legal costs), or damage of whatsoever nature (whether direct, indirect, consequential or otherwise) suffered by the Client due to:
8.1.1 the breach by the User of any of its obligations as set out in the Agreement;
8.1.2 any mistake, error or omission in the Information, including mistakes, errors and omissions originating from Information submitted to XDS
8.1.3 any delay or failure in delivering or in any manner communicating or making available the information to the User , where such failure is not reasonably foreseeable by XDS.
8.1.4 an event of force majeure; and/or
8.1.5 the downtime of any telecommunications line and/or infrastructure and/or facilities.
8.2 The User shall be solely liable for any claims of whatever nature arising as a result of:
8.2.1 all actions taken or decisions made in reliance on any information and/or the information contained in any Reports (for the purpose of this clause 9 collectively referred to as the “Information”);
8.2.2 the use of the Information (by the User ) for a purpose other than a Prescribed Purpose or a purpose contemplated in the Act;
8.2.3 the User breaching a duty of confidentiality to its customer and/or consumer, as the case may be.
Without prejudice to any of the rights of either party at law or in terms of this Agreement, the User agrees to indemnify XDS against all actual or contingent losses, liabilities, damages, costs (including legal costs on the scale as between attorney and own client and any additional legal costs) and expenses of any nature whatsoever which each may suffer or incur as a result of or in connection with the gross negligent acts or omissions of XDS in carrying out their respective obligations under this Agreement; or any other relevant statutory provision applicable.
10. APPLICABLE LAW
This Agreement shall be interpreted and governed in all respects by the laws of the Republic of Zimbabwe.
Parties hereby consent and submit to the non-exclusive jurisdiction of the High Court of the Republic of Zimbabwe for the purpose of all or any legal proceedings arising from or concerning this Agreement.
12. Collection of User Data
The Users login credentials and search criteria are collected and recorded by XDS for Audit and Billing purposes
13. ABOUT XDS
Xpert Decision Systems Zimbabwe (Pty) Ltd, “XDS”, is a registered company incorporated in accordance with the laws of the Republic of Zimbabwe, (Registration Number 6887/2011), operating as Credit Bureau and being accredited with the Reserve Bank of Zimbabwe. XDS holds membership with the Credit Bureau Association.
Physical Address :
15th Floor, Joina City
Corner Jason Moyo Avenue / Julius Nyerere Road
+263 (4) 779344
+263 (4) 779392
+263 (4) 779309