Terms and Conditions

In these Terms and Conditions "You and your and client or clients" shall refer to the Party accepting this agreement and who shall either be:

  1. the individual, who is the data subject (as generally used in terms of the Protection of Personal Information Act, Act 2013), or;
  2. in the case of which the use of the PURQ services is undertaken by a third party on behalf of the data subject, whether that be a natural or corporate person, You and your shall refer to the responsible person, including its officers, directors, owners and staff, as it applies ("responsible party").

The responsible party specifically warrants and undertakes that it's authority by the data subject authorises it to accept these Terms and Conditions on the data subject's behalf and PURQ refers to PURQ and any of its nominated agencies or service providers from which the information herein is obtained.

Wherefore you agree:

These terms and conditions govern your access to and your use of the PURQ Service. By accepting this Agreement, you agree to be bound by and to abide by the terms and conditions hereof. You agree to use this website for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to unlawfully store, access data in unlawful material or the commitment of any criminal offence. Ownership and copyright of the specified information vests with herein identified academic institutions only on whose behalf PURQ administers the information. It would constitute a statutory offence and breach of copyright for avoidance of doubt to acquire the information for any purpose other than to verify academic records. It rights constitute an offence to compile an independent database for commercial or other reasons from the information herein obtained. Your use of the PURQ Service indicates your continued acceptance of these terms and conditions. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. If you do not accept these terms and conditions, you should click the "Client" button and destroy or delete any materials in your possession relating to this Service. In this Agreement, the words "you" and "your" refer to the person accepting this Agreement and PURQ refers to PURQ and any of its nominated agencies or service providers from which the information herein is obtained.

1. Access to PURQ Service

The PURQ network is an internet-based hosted platform designed to enable you to share information through a central hub. You can access the Service through PURQ's website, or through stand-alone software utilities designed for use with the Service. A "digital workspace" is a portion of the PURQ Service that has been specifically configured for clients of PURQ so that certain specified subscribers can access documents and information relating to certain academic institutions and their students and/or matriculation results of individuals. PURQ grants you a non-exclusive, non-sub-licensable, revocable, non-transferable limited right to access the Service in order to acquire the specified information for the purposes herein set out and on payment of the specified fee. You warrant and represent that you will only access and/or use the website or software for the purposes for which you have been granted authorised access. You may not alter, amend, sell, let, license, transfer, transmit or otherwise distribute:

  1. Data; and/or
  2. Access to the Website, its Services, or any part thereof, to any third party without the excess prior written approval of PURQ. Where the consent of PURQ has been validly obtained, you must accredit the reports or any data or information comprising the search data, to PURQ, in the manner specified by PURQ in writing.

All access codes issued to you shall be for your sole and exclusive use of the Services. You agree to, at all times, take such reasonable measures as may be required in order to secure the Access Codes and you may not in any way release the Access Codes to any third party. Access to the PURQ Service is provided via the internet through the worldwide web. You are required to supply all software and all hardware needed by you to access the Service, such as a computer, an internet connection and compatible web browser software.

2. Ownership of the PURQ Service

PURQ is only providing you with the right to access and use the Service. PURQ retains sole and exclusive ownership of and all rights, title and interest in and to the Service, including ownership of all copyrights and other intellectual property rights pertaining to its Service. Ownership of the information to be assessed, however, remains vested with the institution from which the information was obtained. The Service is protected by copyright. The information received may not be modified, reversed, engineered, disassembled, decompiled, translated or otherwise altered in any way. You hereby indemnify PURQ fully against all liabilities, costs and expenses which PURQ may incur as a result of providing the Services, which result in the infringement of any third parties intellectual property or privacy rights. PURQ shall have no liability to you if any intellectual property infringement and resultant claim is based upon the use of the Services in a manner not expressly authorised by these Terms and Conditions. You hereby indemnify and hold PURQ harmless from any loss, costs or expense suffered or incurred in connection with any claim, suit or proceeding brought against PURQ insofar as it is based on a claim that the supply, access, use or sub-licensing of any of the Services delivered in terms of these Terms and Conditions, and modified, or altered or combined with other information or data by you, constitutes an infringement because of such use, modification, alteration or combination.

3. Confidentiality

You acknowledge that the Service has been developed by PURQ at great expenditures of time, resources and money, and it is considered to be proprietary and confidential to PURQ. Any breach of this agreement by you may thus not only have direct damages, but consequential damages for which you will be held liable.

4. Entitlements

PURQ shall be entitled to terminate this Agreement or your right to acquire access at any time with immediate effect. Without limiting the aforegoing, PURQ may indeed suspend your access to the Service or any utility used by you to access or use the Service if your use of the Service or that utility:

  1. may, in our reasonable opinion, appear to impede on the rights of the other subscribers to access or use the Service; or
  2. is, in our reasonable opinion, a violation of any law, regulation or ordinance relevant to the provision of the Services.

PURQ will also be entitled to terminate and suspend the service with immediate effect for whatever reason. If you are the data subject, you may at any time withdraw the consent you have given to a third party to have access to your information. No refund will be made to you by PURQ should you withdraw your consent. PURQ shall be entitled to, without any liability whatsoever:

  1. change the make-up or the technical specification of the Website or any Service;
  2. suspend your access to the Website and/or any Service for operational reasons such as repair, maintenance or improvement or because of an emergency; or
  3. give you instructions which it believes are relevant and/or necessary for any reason whatsoever.

PURQ reserves the right to revoke your access to the Website and/or the Services at any time if there is a risk of compromise to the integrity of the Website, the Service, the Search Data or otherwise. You shall use your best endeavours to grant PURQ such access and provide any assistance as may be requested by PURQ.

5. Limited Warranty

You acknowledge that neither PURQ nor any third party or agent of PURQ involved in the Service can warrant that the operation or performance of and access to the Service will be uninterrupted or error-free. As your exclusive remedy for any material defect in the Service provided hereunder, PURQ will attempt through reasonable efforts to correct or cure any such reproducible documents in the event of a material defect. PURQ will not be obliged to correct, cure or otherwise remedy any non-conformity or defect in the Service, if caused by software or other equipment used by you which has not been provided by PURQ, or if you have made any changes whatsoever to the Service or if the Service had been misused or damaged in any respect, or if you have not reported to PURQ the existence and nature of such non-conformity or defect promptly upon discovering it. PURQ does not and cannot control the flow of data to and from the Service, as such flow depends in large part on the infrastructure and on other events beyond reasonable control of PURQ.

6. Disclaimer of Liability

In no event will PURQ, its shareholders, directors, officers, employees and agents or any third-party provider of data to PURQ be liable to you in relation to this Agreement for any indirect, incidental, special or consequential damages (including without limitation loss of profit, loss of business opportunity, loss of revenues or savings, loss of data or cost of mitigating lost data) whether based on contract or any other legal claim. Although PURQ endeavors to maintain the highest possible accuracy level concerning the material to be accessed, the use of the material remained entirely at your own risk. PURQ makes no presentations or warranties of any kind, whether or implied to the accuracy of the contents of the website and the user consents to the jurisdiction of the Supreme Court.

7. Specific obligations in respect to the Protection of Personal Information Act

For the purposes of this section the following terms shall have the corresponding meanings attached to them:

7.1 "consent" means any voluntary, specific and informed expression of will in terms of which a data subject agrees to the processing of personal information relating to him or her;

7.2 "data subject" means the person to whom personal information relates;

7.3 "personal information" means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-

7.3.1 information relating to the race, gender, marital status, national, ethnic or social origin, colour, age, religion, language and birth of the person;

7.3.2 information relating to the education, financial, criminal or employment history of the person;

7.3.3 any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;

7.4 "processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including-

7.4.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

7.4.2 dissemination by means of transmission, distribution or making available in any other form; or

7.4.3 merging, linking, as well as blocking, degradation, erasure or destruction of information;

7.4.4 Without derogating from the definition as contained in POPI, in relation to the usage of the PURQ website, the term "Process" or "Processing" shall include access, display, use, download and/or otherwise copy or distribute personal information of students obtained by the User through the PURQ website.

7.5 "record" means any recorded information, regardless of form or medium, including any of the following:

7.5.1 Writing on any material;

7.5.2 information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;

7.5.3 label, marking or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means;

7.5.4 in the possession or under the control of a responsible party; whether or not it was created by a responsible party; and regardless of when it came into existence;

7.6 "responsible party" means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information.

7.7 "User" means an entity which is a responsible party that has been approved and registered by PURQ as a registered buyer of information. The User only becomes a registered User once it complies with PURQs requirements as contained under the Registration section on PURQs website.

7.8 "PURQ" means the service provider that provides qualification and enrolment verification information to accredited and approved Users or Commercial Buyers.

7.9 "Supplier of Information" means any institution of higher education which has contracted with PURQ to provide and make available, on its behalf and in its stead, personal information relating to students.

7.10 "Students" are regarded to be data subjects who are either registered students, or formally registered students, or prospective students, or alumni.

7.11 "POPI" means the Protection of Personal Information Act 4 of 2013.

7.12 The User may only process Personal information if, given the purpose for which it is processed, it is adequate, relevant and not excessive.

7.13 Such Personal Information may only be processed if:

7.13.1 the data subject consents to the processing;

7.13.2 processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;

7.13.3 processing complies with an obligation imposed by law on the responsible party;

7.13.4 processing protects a legitimate interest of the data subject;

7.13.5 processing is necessary for the proper performance of a public law duty by a public body; or

7.13.6 processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.

7.14 If personal information is collected, the User must take reasonably practicable steps to ensure that the data subject is aware of-

7.14.1 the information being collected;

7.14.2 the name and address of the responsible party;

7.14.3 the purpose for which the information is being collected;

7.14.4 whether or not the supply of the information by that data subject is voluntary or mandatory;

7.14.5 the consequences of failure to provide the information;

7.14.6 any particular law authorising or requiring the collection of the information; and

7.14.7 any further information, such as the-

7.14.7.1 recipient or category of recipients of the information;

7.14.7.2 nature or category of the information; and

7.14.7.3 existence of the right of access to and the right to rectify the information collected, which is necessary, having regard to the specific circumstances in which the information is or is not to be processed, to enable processing in respect of the data subject to be reasonable.

7.15 Personal information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party.

7.16 Steps must be taken by the User to ensure that the data subject is aware of the purpose of the collection of the information

7.17 A data subject may object, at any time, on reasonable grounds relating to his, her or its particular situation, in the prescribed manner, to the processing of personal information unless otherwise provided for in national legislation.

7.18 If a data subject has objected to the processing of personal information the User may no longer process the personal information.

7.19 Records of personal information must not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed, unless-

7.19.1 retention of the record is required or authorised by law;

7.19.2 the User reasonably require the record for lawful purposes related to its functions or activities;

7.19.3 retention of the record is required by a contract between the parties thereto; or

7.19.4 the data subject has consented to the retention of the record.

7.20 The User must destroy or delete a record of personal information or de-identify it as soon as reasonably practicable after the User are no longer authorised to retain the record

7.21 The destruction or deletion of a record of personal information must be done in a manner that prevents its reconstruction in an intelligible form.

7.22 Further processing of personal information must be compatible with the purpose for which it was collected in terms of principle 3 of the POPI Act

7.23 An operator or anyone processing personal information on behalf of a responsible party or an operator, must-

7.23.1 process such information only with the knowledge or authorisation of the responsible party; and

7.23.2 treat personal information which comes to their knowledge as confidential and must not disclose it, unless required by law or in the course of the proper performance of their duties

7.24 The User must ensure that an operator which processes personal information on the User's behalf establishes and maintains the security measures referred to above.

7.25 The processing of personal information for a responsible party by an operator on behalf of the responsible party must be governed by a written contract between the operator and the responsible party, which requires the operator to establish and maintain confidentiality and security measures to ensure the integrity of the personal information.

7.26 The User hereby holds harmless and indemnifies Suppliers of Information and PURQ as well as their principals, suppliers, employees, directors, partners, affiliates and/or agents and hold them harmless against any claims arising from or sustained as a result of a breach of its duty to protect the personal information obtained through the PURQ website. Neither Suppliers of Information nor PURQ shall in any way or form be held accountable or responsible for any damages that the User or any third party may suffer as a result of the processing of personal information.

8. Jurisdiction

This Agreement in governed and construed accordance with the laws of the Republic of South Africa.

9. Payment

You, as the client, undertake to pay PURQ for all information/reports requested in accordance with the PURQ Rate Schedule as published from time to time and payments can be effected through:

9.1 Credit Card Payments: Clients can pay with Visa, MasterCard, American Express or Diners Club cards for online reports of PURQ.

9.2 Electronic Funds Transfer: Upon registering for this Service, a PURQ user account number will be allocated and be e-mailed to you. This account number must be used as reference for EFT deposits to PURQ's bank account. The balance of your PURQ pre-paid account will be available on the PURQ system at "Billing and Payments".

9.3 Pre-Paid: Clients can pre-pay money into PURQ's bank account. The cost of Services used will be deducted from the pre-paid money. Upon registering for this Service, a PURQ user account number will be allocated to you. This account number must be used for pre-paid payments to PURQ's bank account. Money pre-paid into PURQ's account will not be refunded.

9.4 Debit Order Payments: Clients may apply for debit order payments and a credit limit. Debit order payments will be collected between the 1st and 3rd of the month. If the limit is reached during the month, the money will immediately be collected from the client's account.

The costs of debit order returns will be charged to the client's account.

10. Currency

All payments must be made in the currency of the Republic of South Africa in terms of the South African banking and payment system. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

11. Refunds

PURQ will only refund clients in cases where the payments have been made with credit cards and where payments can be tracked in accordance with the Tracking and Audit Trail of the PURQ system and where a Tracking Number has been generated. Refunding will only be made for reports not received by the client but for which payment has been received by PURQ as well as where an agent of PURQ denied a request for information after payment has been made by you. PURQ will charge an administration fee of R25-00 (VAT exclusive) for all refunds made to a client.

12. Security Policy

Credit card transactions will be acquired for PURQ via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to: www.paygate.co.za to view their security certificate and security policy.

13. Customer Privacy Policy

PURQ shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Protection of Personal Information Act ("POPI"). The act may be downloaded from: http://www.justice.gov.za/legislation/acts/2013-004.pdf. PURQ, in order to regularly assess and improve the site, will collect information on the number of visits to the sites, pages received, etc.

14. Study loan applications and student authorisation

14.1 Consent;

If you wish to apply for a study loan at a South African Bank, you hereby duly authorise PURQ (Pty) Ltd to release to the nominated bank your personal information as well as your enrolment verification confirmation from the academic institution where you have registered. You also grant the respective bank permission to contact you telephonically with a view to confirm any personal details and to market any bank products, special offers or research.

14.2. Use of personal information by the bank;

The bank to which your personal information has been supplied must comply with national and international laws, regulations, policies, rules, and requirements to prevent criminal activities, money laundering and terrorist financing, sanctions and prohibited business activity laws and rule violations. The bank must therefore verify all supplied personal information from and about you and monitor and screen your information, instructions and transactions on a ongoing basis. Consent for the said actions are hereby provided to the bank.

15. Academic Records

Should you apply for an academic record and choose the incorrect educational institution, then PURQ reserves the right to charge an administration fee of R 35.00 to correct such application

16. Delivery of Services

PURQ's Services will be delivered electronically. PURQ takes responsibility for all aspects relating to the transaction including sale of verification reports, Services sold on this website, customer service and support, and delivery of verification reports.

17. Enquiries

Any enquiries in terms of PURQ's terms and conditions can be referred to: Rosen Office Park, 8 Invicta Road (Corner Matuka Close), Erand Gardens X49, Midrand, 1682 E-mail: info@purq.co.za

18. Warranties

You hereby represent and warrant that:

18.1. You the right, power and authority to enter into these Terms and Conditions and to fully perform your obligations under these Terms and Conditions;

18.2. You will not do or omit to do anything which may cause PURQ any harm or loss, including but not limited to any injury to the reputation of or goodwill attaching to PURQ;

18.3. You shall immediately notify PURQ if there is any reason to believe that the Services, the Website and/or Search Data has become compromised or is likely to become known or used by someone not authorised to use it or is being or is likely to be used in an unauthorised way.

18.4. You shall use your best endeavors to provide any assistance as may be requested by PURQ upon the happening of any event referred to in clause 3 above;

18.5. You shall procure Services from PURQ and use such services only:

  1. for a legitimate purpose and to the extent permitted or required by the National Credit Act or other applicable Regulatory Provision; or
  2. as directed by:
    1. the instructions of the Data subject; or
    2. an order of court or the National Consumer Tribunal established in terms of the National Credit Act;

19. Force Majeure

PURQ shall not be liable for any default or delay in the performance of any its obligations if, and to the extent that, such default or delay is caused by any act of God, war or civil disturbance, court order, any delay in any performance due from another party, or any other circumstance beyond its reasonable control, including without limitation, failures and fluctuations in electrical power or communications, provided that PURQ is without fault in causing such default or delay.

20. Accepting PURQ Terms and Conditions

By accepting this Agreement and by continuing to use the Service, you acknowledge that you have read this Agreement, understand it and that you have agreed to be bound by its terms and conditions. PURQ may, in its sole discretion, change this Agreement or any part thereof at any time without notice.

21. Country of Domicile

This website is governed by the laws of South Africa and PURQ chooses as its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Rosen Office Park, 8 Invicta Road (Corner Matuka Close), Erand Gardens X49, Midrand, 1682 as its official address.

E-mail: info@PURQ.co.za

This website is run by PURQ (Pty) Ltd based in South Africa, with registration number 2004/030690/07.






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