General use of Site
- The website located at www.debtbreakers.co.za (the “Site”) is operated by
Debt Breakers CC
“our”, “us”, “debtbreakers"). We are a private limited company registered in South Africa under
registration number 2010/052014/23.
- The Site is a medium for providing information and access to products and
related to Debt Counselling and Debt Review.
- By accessing and using the Site you agree to be bound by and to act in
- We have a number of policies referred to in these terms and conditions,
your use of the Site so please take the time to read them. We recommend that you print or save a copy
of these Terms for future reference.
- Nothing in these Terms will affect the duties and responsibilities that we
have to you
our Regulated Business. In particular, information provided to you on parts of the Site which concern
your application for Debt Review will be accurate at all times and this includes our being responsible
checking any content provided to us by third parties.
- When you use debtbreakers and/or any connected services via the Site, the
conditions set out at Part 2 of these Terms shall also apply and shall be deemed to be incorporated
into the Terms by reference.
- These Terms were most recently updated on the date of posting that appears at
of this page.
- If you have any queries or concerns regarding these Terms, please contact us
- We take protection of your privacy seriously and process information about
- Like many online services, we use a feature called a ‘cookie’. By agreeing
these Terms, you
however, you may delete any of these cookies at any time if you wish. Please see our Cookie
for detailed information on the types of cookies we use on the Site, the purposes for which we
each cookie, how you can disable and enable the use of certain cookies and the consequences of
- You acknowledge that parts of the Site may contain material provided by third
service providers, advertisers or sponsoring organisations, who are responsible for ensuring that all
material submitted for inclusion on the Site complies with all applicable laws. We may (but are under
no obligation to) verify the accuracy of such information but we will not be responsible if any such
material is untrue, inaccurate, incomplete and/or contains errors and we disclaim all liability and
responsibility arising from any reliance you place on such material.
- Any material on the Site may be out of date at any given time and, whilst we
material up to date, we are under no obligation to do so. Material on the Site may be subject to
at any time.
- You acknowledge that the Site contains links to other websites. We do not
these third party
websites nor have any control over them and we are not responsible for the websites or their content
availability. When you activate any of these links, you will leave the Site and we accept no
responsibility for the availability or content of any linked websites or for any loss or damage that
may arise from your use of them. The links are provided for your convenience and any such link does
imply endorsement by us of a website or any association with the operators of a website. If you
to access any of these sites you do so entirely at your own risk.
- If you use a linked site, any personal information you give to that site will
with in line
- All intellectual property rights in the Site and its content (including
and (whether registered or unregistered) trademarks, trade names and designs and other intellectual
property rights in that content), shall at all times remain vested in, or licensed by, debtbreakers.
You are permitted to print or download extracts from material on the Site for your personal use only
provided you keep intact all or any copyright and proprietary notices.
- Our content includes any information or other material found on or via the
databases, graphics, videos, software and all other features found on or via the Site.
- No part of the Site or any material appearing on the Site may be modified,
reproduced, stored in or transmitted on any other website for commercial purposes without prior
permission of debtbreakers.
- We make the Site and our content available through the Site for your personal,
only. You may view the Site’s pages and content online and to be clear you are not in any
permitted to (i) make commercial use of any such content; (ii) edit any such content; or (iii)
obscure or otherwise tamper with any copyright or proprietary notices that relate to, or are
within, the content.
- No licence is granted to you in these Terms to use any trade mark of
- Anyone can access the Site using their web browser and internet connection.
if you want to
use debtbreakers and/or any connected services, you will need to make an application for Debt Review. For
that purpose, you must be 18 years of age or older and resident within the South Africa. Please see
paragraph 5 of Part 2 of the Terms for further information about account creation and using
- We try to make the Site available at all times, but, of course, due to the
and Internet based services, we cannot guarantee this.
- We do not warrant that your access to the Site will be uninterrupted,
and error-free and we do not make any promises about the availability or accessibility of the Site or
promise that your access to the Site, the content on it or the services we provide will be delivered
uninterrupted, in a timely manner or error-free (and we may suspend, restrict or terminate your
to the Site at any time), or that the Site and the server are free of computer viruses or other
applications. If a fault occurs in the service you should report it to us and we will attempt to
correct the fault as soon as we reasonably can.
- You are responsible for configuring your information technology, computer
order to access the Site. You are also responsible for ensuring that all persons who access the Site
through your Internet connection are aware of these Terms, and that they comply with them.
- You must not misuse the Site by knowingly introducing viruses, trojans, worms,
bombs or other
material which is malicious or technologically harmful. You must not attempt to gain unauthorised
access to the Site, the server on which the Site is stored or any server, computer or database
connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed
denial-of service attack. By breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities
and we will co-operate with those authorities by disclosing your identity to them. In the event of
a breach, your right to use the Site will cease immediately.
- We do not represent that the Site or the material on the Site is appropriate
available for use
outside the South African republic. If you choose to access the Site from any location outside South
Africa, you do so at your own risk and it is your responsibility to ensure compliance with all
and local laws and requirements.
- Access to the Site is permitted on a temporary basis, and we reserve the right
withdraw or amend
the service we provide on the Site without notice. We will not be liable if for any reason the Site
unavailable at any time or for any period.
- The Site is provided on an “as is” basis and to the fullest extent permissible
we disclaim any and all promises, warranties, conditions or representations relating to the Site and
its content, whether express, implied, oral or written.
- You agree that your access and use of the Site and its content is at your own
do not have
any knowledge of, or control over, the particular purposes for which the information and content
available on the Site is used. The content and information that we make available on the Site is
provided for information only. Accordingly, we exclude any and all liability for any loss of any
suffered by you as a direct or indirect result of your use of any of the information or content
available on the Site or of making any decision, or refraining from making any such decision, based
wholly or partly on any expression of opinion, statement or other information contained in the
available on the Site.
- By using the Site you acknowledge and accept the inherent risks,
the Internet, particularly in terms of technical performance of the Site, response times to view,
verify or transfer information; and the risks inherent in all third party links, connections and
transfers via the Internet. Accordingly:
- we do not make any promises about the availability or accessibility of the
your access to the Site, the content on it or the services we provide will be delivered
uninterrupted, in a timely manner or error-free; and
- we are not responsible for any data or information uploaded by any users
posted, uploaded or published on the Site. It is your responsibility to make backup copies of any
of the content you post, upload or publish on the Site and we strongly recommend that you do so.
- We make no promises in respect of any harm that may be caused by the
transmission of a
virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine
designed to damage, destroy or otherwise impair a computer's functionality or operation including
transmission arising from your download of any content, software you use to download the content, the
Site or the servers that make it available. In this respect you agree that it is your responsibility
install suitable anti-virus and security software on your computer hardware and other devices to
protect against any such bugs, viruses or other such harmful programming routines. Any content
downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be
solely responsible for any damage to your computer system or loss of data that results from the
download of any such content.
- We will not be responsible or liable to any visitors browsing the pages of the
- any form of indirect, consequential or special loss; or
- any financial loss or loss of data, opportunity, goodwill or reputation,
such loss is direct or indirect.
- There are certain liabilities which we cannot exclude by law and nothing in
Terms excludes or
limits our liability for the following:
- for death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other matter for which it would be illegal or unlawful for us to
exclude its liability.
- If we are found to be liable, our total liability in respect of all claims
against us in
connection with these Terms (other than those mentioned in previous point) shall be limited to R1000.
- You agree to only use the Site in accordance with these Terms. You agree
us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and
expenses, including reasonable legal fees we incur that arise out of or in connection with any
breach of these Terms by you (including any actions you take which disrupt access to and/or the
functioning of the Site) or any liability we incur as a result of the use of the Site by you.
- General Prohibitions on Access and Use of the Site:You may use the Site
purposes and you may not use the Site;
- in any way that breaches any applicable local, national or international
- in any way that is unlawful or fraudulent, or has any unlawful or
- for the purpose of harming or attempting to harm minors in any way; or
- to knowingly transmit, send or upload any data or other material that
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or
similar computer code designed to adversely affect the operation of any computer software or
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Site in
provisions of these Terms;
- not to access without authority, interfere with, damage or disrupt:
- any part of the Site;
- any equipment or network on which [the Site is stored;
- any software used in the provision of the Site; or
- any equipment or network or software owned or used by any third party.
- You shall not carry out data mining, screen scraping or crawling of this Site,
pages or its
content or use any process or processes that send automated queries to this Site unless you have
obtained our prior written consent.
- Copyright Complaints:
- We respect the intellectual property rights of others, and we prohibit
the Site from
submitting, uploading, posting or otherwise transmitting any materials that infringe or violate
another person’s intellectual property rights.
- It is our policy to comply with clear notices of alleged copyright
you wish to
submit a notice of alleged copyright infringement or a counter-notice, please contact us using the
details provided in paragraph 7 of this Part 1.
- Additionally, it is our policy to terminate usage rights and any applicable
accounts of users
determine to be repeat infringers of others’ copyright.
- Content hosted on third-party websites accessible from the Site is the
websites, and not our responsibility. If you are the copyright owner of content hosted on a
website, and you have not authorised the use of your content, please contact the administrator of the
hosting website directly to have the content removed.
- Third-Party Software:
- You acknowledge that you may need to download and activate certain
order to use
certain content provided and sold on the Site. This software will be clearly identified on the
- In order to use such third-party software or technology, you may have to
the terms of a
licence agreement with that third party. You acknowledge that we have no responsibility or
over such third-party software.
- General Complaints, Feedback and Requests for Further Information:
- If you have any general complaints or wish to request further information
contact us via email at email@example.com
- Your feedback and suggestions about the Site are always gratefully
received by us
understand that we may use these without any obligation to compensate you for them and you are,
course, under no obligation to us to provide them.
- Written Communications:
- Applicable laws require that some of the information or communications we
you should be
in writing. When using the Site, you accept that communication with us will be mainly electronic.
We will contact you by email or provide you with information by posting notices on the Site. For
contractual purposes, you agree to this electronic means of communication and you acknowledge
all contracts, notices, information and other communications that we provide to you
comply with any legal requirement that such communications be in writing. This condition does not
affect your statutory rights.
- We may make changes to the Terms at any time by sending you an email with
modified terms or
by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our
email or the date on which we post the modified terms on the Site, whichever is the earlier. If
continue to use the Site after that period has expired, it means that you accept any such
- Headings in these Terms are for convenience only and will not affect the
- In these Terms, words that appear after the expression “include”,
example”, “such as” or “in particular” (or similar expression) will not limit the meaning of the
words appearing after such expression.
- You may not assign, sub-license or otherwise transfer any of your rights
- If any provision in these Terms is found by any court or other body of
be wholly or partly invalid or unenforceable then that provision or part will be severed from
Terms and the remaining provisions will continue in full force and effect.
- If you breach these Terms, a waiver of any right under these Terms is only
effective if it is
writing and shall not be deemed to be a waiver of our right to act in respect of any subsequent
- We will not be responsible for any breach of these Terms or otherwise for
delay or failure
processing your application for any loan or other product or service where such breach, delay or
failure is attributable to you and/or any third party or is otherwise caused by circumstances
beyond our control.
- Any agreement between us is made for the benefit of you and debtbreakers
expressly stated, is not intended to benefit, or be enforceable, by anyone else.
- We aim to at all times provide you with an excellent standard of service.
any reason you
are unhappy with our service please contact us at firstname.lastname@example.org and we will aim to
resolve your complaint as soon as possible. If you remain dissatisfied with our response, you may
have a right to refer your case to the Financial Ombudsman Service depending on the nature of
- These Terms shall be governed by and construed in accordance with the laws
South Africa and
each of you and debtbreakers irrevocably submits to the exclusive jurisdiction of the South
courts in relation to all disputes arising out of or in connection with these Terms.
- This Site is owned by Debt Breakers CC,
a company incorporated in South Africa,
Our registered company number is 2010/052014/23.
TERMS AND CONDITIONS FOR USE OF debtbreakers
- These terms and conditions shall apply in addition to the Terms when you use
connected services via the Site.
- In the event of any conflict between any provisions of this Part 2 of the
Part 1 of the
Terms, the provisions of this Part 2 shall prevail.
- For the avoidance of doubt, for the purposes of this Part 2 of the Terms,
to the Site
shall include Netcars
- The Site is a medium for providing information and access to cars, products
services related to
Debt Counselling and Debt Review.
- Commentary and other materials posted on the Site are not intended to amount
advice on which
reliance should be placed. We therefore disclaim all liability and responsibility arising from any
reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any
of its contents.
- All prices listed on the Site shall be stated inclusive of VAT.
- Subject to paragraph 5 of Part 1 of these Terms, we will not be responsible
- for any losses related to any business of yours including lost data,
opportunity, goodwill, reputation or business interruption; or for any losses which are not
- for any data or information uploaded by any Sellers including content
published on the Website; and
- if we are prevented or delayed from complying with our obligations under
conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events
or circumstances beyond our reasonable control.
- If we are found to be liable, our liability to you or to any third party shall
set out in
paragraph 5 of Part 1 of these Terms.
- We aim to update the Site regularly, and may change the content at any time.
need arises, we
may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out
date at any given time, and we are under no obligation to update such material.
- By submitting your data to the Site and accepting these Terms, you are
automatically registering you as a member of debtbreakers. You may unsubscribe at any time from this
service in accordance with paragraph 6 of this Part 2, below.
- We will protect and process all personal information supplied by you as part
- You are solely responsible for any information submitted by you to the Site.
warrant that all
data provided by you is complete, accurate, up-to date and not misleading or likely to deceive and
must update your account promptly with any changes to such details.
- When you register to use debtbreakers you will be asked to create a password.
unique to you and you must keep it confidential and not disclose it to anyone. You are responsible
all activities and enquiries that occur or are submitted through the use of your password. If you
or suspect that someone else knows your password you must notify debtbreakers immediately. We cannot
and will not be liable for any loss or damage arising from your failure to comply with these
- From time to time, we may restrict access to some parts of the Site, or our
Site, to users
who have registered with us. We have the right to disable any user identification code or password,
whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply
or otherwise believe there is a security risk presented by use of such user identification. We may
require you to change your password or suspend your debtbreakers account.
- You agree to reimburse debtbreakers in full for any losses, liabilities,
costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any
judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of
in connection with any claim made against us by any third party to the extent that such claim arises
out of any activity on your account.
- Without prejudice to any other remedy available to us under the Terms or at
breached, or we have justifiable reason to believe that you have breached, or will breach, these
we may suspend or cancel your registration immediately at our reasonable discretion.
- You may cancel your registration at any time by informing us by email sent to
email@example.com .If you do so, you must stop using the Site immediately.
- For the avoidance of doubt, on cancellation of your registration, for any
these Terms which expressly or by implication have effect after termination shall continue in full
force and effect.
- The suspension or cancellation of your registration and your right to use the
either party’s accrued rights or liabilities under these Terms.
- We reserve the right to delete your account and any personal data or other
with your use of the Site if there is no activity on your account for more than 36 consecutive