Terms of Use

Blake Assist - Terms of Use

1. Introduction

1.1 The Blake Assist website at www.blakeassist.co.za (website) assists debtors with the management of their debt. Blake Assist offers the following available tool:
– FAQ –Not only does this platform seek to provide answers to commonly raised questions but also serves as an information source, educating you on our and your responsibilities.
1.2 By using this website, you agree to these terms. Unless expressly stated otherwise, you cannot treat the information on the website as an official opinion or financial, legal or professional advice of any kind. We provide it for information purposes only.
1.3 We are committed to keeping your personal or private information confidential and secure. Please read our Privacy Policy, which is incorporated hereto by reference.

2. Amendment of these terms

2.1 We can change, modify, add to or remove portions of these terms from time to time, at our sole discretion.
2.2 Changes to the terms will become effective as soon as they are posted to this website.
2.3 Your continued use of the website will indicate that you accept and agree to the changes.
2.4 It is your responsibility to regularly check the terms posted here to determine whether any such changes have been made.
2.5 If at any point you do not agree to the terms, you should immediately stop using the services and website.

3. Use of the Assist Website

3.1 You will be required to follow the steps on the website to register by using your name, surname, account number, ID number as well as an e-mail address to verify your registration.
3.2 You will be fully responsible for any activity carried out on the website through your account.
3.3 You are responsible for maintaining the safekeeping of your login details, including your username, email address and password.
3.4 You must notify us immediately in the case of any unauthorised use of your username and password, or any suspected breach of security on your account.
3.5 All the information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise if you rely on this information
3.6 Whereas we will make all reasonable endeavours to maintain the website, we can modify or withdraw, temporarily or permanently, the website or any part thereof. We can do so with or without notice to you and without incurring any liability to you or any third party.
3.7 You will not be eligible for any compensation if you are unable to use any part of the website due to a temporary failure or suspension.
3.8 We will monitor and investigate any reported violation of these terms and to take any action that is appropriate, including, but not limited to, termination of website use, or imposing conditional access on your user account.
3.9 You may not
3.9.1 Distribute any content from the website without our prior consent;
3.9.2 Use any technology, including but not limited to crawlers and spiders to search the website or obtain information from the website;
3.9.3 Frame the website or any pages;
3.9.4 Link to the website in a manner other than through the homepage;
3.9.5 deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.
3.10 You may not post material that is offensive, derogatory, defamatory, obscene or pornographic, or material that contains profanity, vulgarity, hate speech, or threats of violence on this site.
3.11 You may not post copyright material without permission from the owner of that material.
3.12 You may not post any material that contains any advertising, promotion or solicitation of goods or services for commercial purposes.
3.13 We reserve the right not to place any content or material provided by you onto the website, and to remove such material for any reason, at our sole discretion.
3.14 We may, without notice, modify, suspend or discontinue the website; place limits on your use of; or restrict your access to parts of, or all of the services on the website.
3.15 This website may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of electricity, telecommunication system or networks. For the duration of such unavailability you must contact us on the relevant contact details.

4. Blake Assist Website intellectual property

4.1 We own or are licensed to use all the content on the website, including design, logo, graphics, trademarks (registered and unregistered), data, software and textual content – called intellectual property. Any breach of copyright will be dealt with under the appropriate laws.
4.2 Unauthorised copying or removing of any content contained on the website is expressly prohibited. You may not copy, reproduce, distribute, transmit, repost, publish, display, transfer or use any intellectual property. You may not gain from any of this information, software, code, design or other content accessed through the website in any manner whatsoever without our prior written permission. You do not have the right to use any of the intellectual property on this website.
4.3 You may not use any computer programme or routine to extract or attempt to extract any part of the content off the site. A user may not undo or attempt to discover any part of the site.
4.4 You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise (“linking”) to this website or any other subsidiary pages without our prior written permission. This permission is at our sole discretion. You may apply to establish such a link by submitting your request to assist@blake.co.za. In the event that you have not heard from us within 5 (five) working days, please understand that we have rejected your request.

5. Information and instructions as provided by you.

5.1 You must provide us with true and accurate information when you register, and you have the duty to update your account with the correct information, as soon as possible after a change occurs.
5.2 You must log into and check our website every month to check whether there are any additional accounts or amounts due by you to credit providers registered with us. It is also your responsibility to log into and check our website every month to see whether such outstanding account(s) is still active on our website as being due for payment. Any business, credit provider, or third party may withdraw or remove such account from our service at any stage. In the event that such withdrawal or removal has occurred, or in the event that you are not able to view any such account on this website, it remains your responsibility to ensure that you make payment directly to such business, credit provider, third party to whom you may owe money. We will not be liable or responsible for any claim of whatsoever nature for any information relating to such account(s) not being correctly reflected on this website or being removed from this website at any stage by any person. Also note that not all of your credit providers may make use of this service, and it remains your responsibility to pay all credit providers in terms of your agreements with them.
5.3 We will act on instructions, e.g. Payment arrangements, payments, request for details etcetera, that appear to have been sent by you. Unless you notify us of a change to any instruction submitted by you on the website, we will assume that you have authorised us to act on these instructions from you.
5.4 You are entitled to send queries and/or instructions to us by email to assist@blake.co.za.

6. Information available through the Blake Assist website.

6.1 As we receive our information from third parties, we do not guarantee that the information will be without error.
6.2 We do not guarantee that the account balance(s) shown as owing to any business, credit provider, third party, or person to whom you may owe money, is the full and/or correct outstanding balance due and payable. It remains your responsibility to establish the full outstanding amount owing on any account reflected on this website – directly from such, business, credit provider, third party, or person to whom you may owe money.
6.3 We reserve the right to remove, modify or alter any content on the site, at our sole discretion.
6.4 We furthermore reserve the right to restrict access to any services, information or applications contained on the site, at our sole discretion.

7. Transmission of information, monitoring of communications and interception

7.1 Although we will take every reasonable step to ensure the confidentiality and security of your personal information, we will not be liable for any loss, harm, or damage suffered by you as a result of transmitting sensitive or personal information to us. See our Privacy Policy for more information.
7.2 We will not be under any obligation to do so, but may monitor and intercept content and activity on the website to determine user behaviour and monitor whether users are acting illegally, unlawfully or in breach of this agreement. You agree to such monitoring and intercepting.
7.3 Further reasons for monitoring this website are to:
7.3.1 Maintain the integrity and security of our website and information technology systems;
7.3.2 Investigate and detect any unauthorised use of our website and information technology (IT) systems; and
7.3.3 Ensure and secure the effective operation of our website and information technology (IT) systems.
7.4 Information that is transmitted over the Internet or via other networks (wireless or otherwise) may be subject to interception. While we will take all reasonable precautions to ensure that our website is secure, we shall not be liable for any loss or damage you suffer as a result of your use of the website.

8. Risk and limitation of liability

8.1 While we have taken care to ensure that the services accessible and content on this website are accurate, you make use of this website entirely at your own risk.
8.2 We will not be liable for any costs, loss of profits, loss of data, directly or indirectly, arising from the use of, or inability to use, this website.
8.3 We cannot guarantee that the website will always be fully operational and do not accept responsibility for any defects that may exist.
8.4 We do not warrant that the website or any software available for download via the website is free of viruses or destructive code.
8.5 We do not guarantee that the website, any tools (such as calculators), software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that you rely or use any such tools, software, advice, opinion, statement or information at your sole risk.
8.6 We reserve the right, to correct any errors or omissions in any portion of this website once identified.

9. Third party service providers

9.1 Obtaining access to our website and the Blake Assist Service happens via the Internet. This means you need a connection through an Internet Service Provider (ISP). Your ISP or telecommunications providers are your own agents and as such you are responsible for all bills in connection with such services. Should you experience problems accessing the internet and as a result our website, you should report these issues to your ISP before contacting us.
9.2 We shall not be liable for, and you indemnify us against, any direct or indirect loss or damages that you or any third party may suffer in this regard.

10. General

10.1 We reserve the right to suspend your access to the website or any part thereof at any time, if we deem your use of the website to be in any way abusive or in breach of these terms.
10.2 Any delays which we may allow you, or failure in exercising our rights in terms of this agreement, does not constitute a waiver of any such rights. We shall not be prejudiced thereby from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
10.3 If any of these terms, conditions or provisions is held to be illegal, invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.
10.4 These terms will be governed by and interpreted in accordance with the laws of South Africa, and any dispute arising from them will fall under the jurisdiction of the South African courts.
Blake Assist Website Privacy Policy
Blake Assist takes your privacy seriously. We take all reasonable steps to keep your personal information confidential and we will not disclose it to third parties without your permission, subject to the provisions of these terms.
We will take reasonable care to protect your personal information from loss, misuse or unauthorised access or changes. The information we maintain is stored in a database that has built-in safeguards to protect the privacy and confidentiality of that information.
When you use the services provided by us, you will be given a user name and password and you are responsible for maintaining the secrecy and confidentiality of this user name and password.
The following Privacy Policy applies to all the web pages that form part of this website.

11. Amendment of this Privacy Policy

11.1 We reserve the right to change this Privacy Policy from time to time in order to address new issues and reflect changes to our service or website.
11.2 Changes to the Privacy Policy (including the addition of new terms and conditions) will be posted here so that you will always know what information we gather, how we might use that information, and when we will disclose that information to anyone.
11.3 It is your responsibility to regularly check the terms posted here to determine whether any such changes have been made.
11.4 The amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

12. Personal information collected from you

12.1 When you sign up for a service provided by Blake Assist, we collect your name, identity number, address, contact numbers and current employment information.
12.2 Further information may be collected from you throughout the course of your use of the website, including but not limited to your payment history and employment history and the details of the various institutions or persons to whom you may owe money.
12.3 In general we collect your personal information for the following purposes:
12.3.1 To identify you
12.3.2 Process your instructions or request
12.3.3 To provide your personal information, payment details and payment information to the institutions or persons with whom you hold accounts or may owe money
12.3.4 For internal business processes, operations and reporting.-
12.4 This information is used by us to support your interaction with our website and to match you to, and your payments to, your accounts and to the institutions or persons to whom you owe money.
12.5 Your e-mail address may be used to send you communication regarding payments, promises to pay, and relevant news and data from time to time. We will not share your e-mail address with any third party other than our client – the credit provider or third party that you owe money to in terms of a credit agreement, unless you give us permission to do so.

13. Cookies

13.1 From time to time we may place cookies on your hard drive. A cookie is a small piece of information stored by your browser, typically used to identify returning visitors, and to collect aggregate information on the number of visitors to a site and the number of pages viewed.
13.2 When you register and log in we will place a unique identifier cookie on your hard drive. This cookie will be used to maintain logged-in status for the duration of your visit, and to log you in automatically on subsequent visits.
13.3 You can choose to prevent the site from storing cookies on your hard drive by disabling cookies in your browser options, but this will mean that you will have to log in manually each time you visit the site.
13.4 We may also use cookies to track the pages you visit so that we can deliver content based on your profile and past activity.
13.5 Cookie information is used only by us and our agents, and is not provided to any other organisation.

14. Other data

14.1 From time to time we may collect information such as click data and page-view statistics, the name of the Internet service provider and the IP address through which you access our site, the date and time you access the site, the pages that you access while at the site, and the Internet address of the website from which you navigated to our site.
14.2 This information is not personally identifiable and is used collectively for website and system administration, traffic and trend analysis and business decision-making.

15. General

15.1 We also voluntarily subscribe to the principles of the Electronic Communications and Transactions Act 2002 (‘ECT Act’). We will disclose your personal information without your consent only:
15.1.1 If we are required to do so by law or a court order; or
15.1.2 To enforce or apply the terms of any of our agreements; or
15.1.3 If disclosure is in the public interest; or
15.1.4 To protect the rights, property or safety of Blake Assist, our users, or others; or
15.1.5 If disclosure is in the interest of Blake Assist; or
15.1.6 With your implied consent.
15.2 Upon request, we will provide you with a description of the information that we maintain about you. We will accommodate all reasonable requests. Please contact us by e-mail at assist@blake.co.za.

16. Agreement

16.1 By using this website, you indicate your acceptance of our Privacy Policy and/or Terms. Your continued use of the website following the posting of changes to these terms will be taken to mean that you accept those changes.
16.2 The Terms and Conditions and/or Privacy Policy will be governed by and understood in accordance with the laws of South Africa. Any dispute arising from them will fall under the jurisdiction of the South African courts.
16.3 If you feel that we are not living up to our stated terms and conditions and/or privacy policy, or if you require any further information you may contact us at assist@blake.co.za.
16.4 All personal information held by us will be preferably edited on your account via Account Manager. In the event that you are not able to view your account or make the required changes please contact us at assist@blake.co.za.
Copyright 2016. All Rights Reserved Blake Assist (Blake and Associates (Pty) Ltd Registration number 1998/018490/07)

Last updated: July 2016

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