TERMS & CONDITIONS
INTRODUCTION
Website Terms and Conditions of Use Relating to the website provided by Debt Rescue
(NCR Registration Number: NCRDC4616) (“the Provider”), as well as its website located
at the following URL https://lumunous.co.za (“the Website”). These Terms and
Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Provider’s
Website, the Services and/or Products associated therewith. By accessing and using,
and in particular indicating your acceptance of the terms by clicking on the “I accept
these terms” button as provided for on the Website, the User agrees to be bound by the
Terms and Conditions set out in this document. The content of this Website is
proprietary to the Provider and / or otherwise utilized in terms of a written license
agreement entered into between the Provider and the proprietor of such content. As
such, the User may not access, display, use, download, and/or otherwise copy or
distribute content obtained on the Website for any purposes other than as provided for
in these Terms and Conditions without the prior consent of the Provider.
In terms of section 49 of the Consumer Protection Act, 2008, should it be applicable,
your attention is drawn to the provisions of the clauses highlighted in bold:
• limit in any way the risk or liability of the Provider or any other person;
• constitute an assumption of risk or liability by the User;
• impose an obligation on the User to indemnify the Provider or any other person
for any cause; or
• constitute an acknowledgement of any fact by the User.
CONTRACTUAL CAPACITY TO ACT
The User warrants that he / she is at least 18 (eighteen) years of age and has the
necessary contractual and mental capacity to enter into and be bound by these Terms
and Conditions. Where the User acts on behalf of a juristic person, the User agrees to
bind himself / herself as surety and co-principal debtor with such juristic person for the
due performance of the juristic person’s obligations in terms of these Terms and
Conditions. Notwithstanding the a foregoing, the User (where he/she acts on behalf of
a juristic person) warrants that he / she has the necessary authority and capacity to
enter and bind the juristic person to these Terms and Conditions.
ELECTRONIC COMMUNICATIONS
By using this Website or communicating with the Provider by electronic means, the
User consents and acknowledges that any and all agreements, notices, disclosures, or
any other communication shall have been adequately addressed to the User upon
transmission by e-mail to the e-mail address provided by the User and it constitutes
proper notice to the User.
PRODUCTS PROVIDED & E-COMMERCE
The Website offers various Products and/or Services, including, but without limitation,
the provision of access to consumer information and information pertaining to the
Provider’s Products (“the Services”). The Provider also affords the User an opportunity to
purchase debt counselling services (“the Products”). The use of any Products and/or
Services bought or subscribed for through the use of the Website, is at the User’s own
risk.
If a User uses the Website and the portals created specifically for customers (“the
Online Portal(s)”), the User is obliged to keep his/her access details to the Online
Portal(s) (including, his/her username and password) confidential and not allow other
people to use it. The User also accepts full responsibility for all activities that occur
under their unique access details or password and accept responsibility for sharing
his/her username and password. The User is only permitted to use one account in
respect of the Online Portal(s). If the User uses more than one account, the Provider
reserves the right to revoke all access to the Website and the Online Portal(s).
Once a User has logged onto the Website and/or the Online Portal(s), certain
information, functionalities and other features of the Website and Online Portal(s) will
be accessible to the User the next time the User visits the Websites and/or Online
Portal(s), without having to re-enter their password. If the User prefers to enter their
password every time they access the Website or Online Portal(s), such change can be
made via the settings and functionality available on the Website or the Online
Portal(s).
The User expressly acknowledges and agrees that the following actions shall be
material breaches of these Terms and Conditions:
• signing in as, or pretending to be, another person;
• transmitting material that violates, or could violate, the intellectual property
rights of others or the privacy of others;
• using the Services and/or Products in a way that is intended to harm, or could
result in harm, to the User or to other users of the Website; or
• gathering information and specifically Personal Information about others without
obtaining their prior written consent.
The User also expressly agrees that any use of his/her access details shall be regarded
by the Provider as if the User were the person using such information in all instances.
The User may change his/her username and password at any time, although the
Provider may determine certain requirements that the User will need to meet when
choosing a username or password. These requirements may be changed from time to
time and the User may be required to update his/her credentials following such
changes.
PERSONAL INFORMATION
The User shall make available and consents to the processing of the following personal
information by the Provider:
• e-mail address;
• name and surname;
• name of company/organisation;
• registration number;
• identity number;
• physical address;
• IP address;
• financial information (bank account particulars);
• telephone number; and
• opinions and preferences.
(“the Personal Information”)
The User agrees that the Provider may process the User’s Personal Information for all
purposes that relate to the Website and the Services offered through the Website. In
order to do so, the User acknowledges that the Provider is required to find out exactly
what the User needs or wants.
The User does have the right to object to the processing of their Personal Information
and it is voluntary to accept these Terms and Conditions. However, the Provider does
require the User’s acceptance to enable the User to use the Website, and to provide
the Services, which may include making available access to the Online Portal(s).
Personal Information will be processed by the Provider, pursuant to and for the
purposes as set forth in the Provider’s Privacy Policy, which may include, but not be
limited to the following purposes:
• verifying the identity of the User;
• transmitting and receiving necessary correspondence to the User in relation to
the Services or the Products or Services accessed, used or purchased by the User
through, or by means of the Website;
• facilitating delivery of the Services or the Products or services accessed, used or
purchased by, or subscribed to by, the User through, or by means of the Website;
• generally rendering the Services;
• processing payments, refunds and the like in respect of any of the Services or the
Products or services accessed, used or purchased by the User through, or by
means of the Website;
• transmitting marketing material to the User in respect of the Services and/or
Products made available by the Provider or any third party;
• to monitor and analyse the User’s conduct in respect of the Services and/or
Products;
• for compliance and risk purposes;
• to analyse the Personal Information collected for research and statistical
purposes and once such Personal Information is analysed to send the User
marketing and promotional material which the Provider believes may, based on
the Provider’s processing of the User’s Personal Information, be relevant to the
User and enhance the User’s use of the Services and/or Products provided on,
through, or by means of the Website;
• to transfer the User’s Personal Information to any relevant third party, such as
any company associated with or affiliated to the Provider, as well as any third
party service provider such as the provider of the Online Portal(s) licenced by the
Provider;
• to conduct market research, as well as academic research in respect of the
Personal Information in order to identify potential markets and trends, to develop
new products and services and to improve the nature of the Services and/or
Products being provided to the User by the Provider;
• to aggregate and/or de-identify the User’s Personal Information after analysing it
for statistical purposes and/or conducting market and academic research in
respect thereof, as aforesaid, and transferring or on-selling such de-identified
Personal Information to third parties for commercial or non-commercial means.
The User’s Personal Information shall be retained in the strictest confidence by the
Provider and will only be processed in accordance with the Provider’s Privacy Policy to
which these Terms and Conditions relate, which Privacy Policy can be sourced
at https://lumunous.co.za.
The User expressly agrees and acknowledges that any failure by the User to submit the
requisite Personal Information may render the Provider unable to deliver the Services
and/or Products and should this arise, the User hereby indemnifies and holds the
Provider harmless against any loss or damage which the User may suffer as a result of
the Provider’s inability to render or deliver the Services and/or Products.
The User acknowledges that through the use of the Website or the Services and/or
Products, which may include completing online application forms or contacting the
Provider electronically, the Provider will in effect be processing the User’s Personal
Information.
The User acknowledges that he/she understands that (where applicable) when the
User includes the Personal Information of any third party, including but not limited to
spouses, and/or dependents on the Website, the Provider will process such Personal
Information in line with not only these Terms and Conditions, but the provisions of the
Provider’s Privacy Policy sourced at https://lumunous.co.za/privacy-policy/.
In such an event contemplated above, the User warrants that they have the required
consent to furnish the Provider with such Personal Information.
SECURITY SAFEGUARDS
The Provider shall take appropriate, reasonable technical and organisational measures
to secure the integrity and confidentiality of the Personal Information in its possession,
in order to guard against:
• loss of, damage to or unauthorised destruction of Personal Information; and
• unlawful access to or processing of Personal Information.
The Provider shall not however be held responsible and the User agrees to indemnify
and hold harmless the Provider for any security breaches occurring on the User’s
electronic device (personal computer or other electronic device used to browse the
Website or access the Services and/or Products), which may arise as a result (without
limitation) of the lack of adequate virus protection software or spyware that the User
may inadvertently have installed on his/her device.
The Provider undertakes to process any of the User’s Personal Information in
accordance with the provisions of the Provider’s Privacy Policy to which these Terms
and Conditions relate, which Privacy Policy can be sourced
at https://lumunous.co.za/privacy-policy/.
THIRD PARTY PRODUCTS AND SERVICES
At the Provider’s discretion, it may include references to or facilitate access to products
offered or services rendered by third parties and provide links to the sites or web-
applications of third parties. These third-party service providers and their sites or web-
applications (whichever may be applicable) have separate and independent terms
and conditions and privacy policies applicable to their products, services and
respective sites or web-applications. The Provider shall bear no responsibility or liability
for the products offered or services rendered by such third parties or the content and
services provided through or by means of their respective websites and/or web-based
applications, regardless of whether such site or web-application bears the Providers
corporate branding or not.
In supplementation of the provisions above, the User expressly acknowledges that the
web-applications comprising of the Online Portal(s) are provided by third party service
providers and shall be used subject to separate and independent terms and
conditions and privacy policies.
The Provider makes no warranties or representations whatsoever regarding the
products offered or services rendered by any third party or the content or activities of
such third party websites or web-applications, which may be accessed or used
through or by means of the Provider’s Website and/or its associated Services.
The User acknowledges that the Provider merely facilitates the User’s access to such
third party’s products, services, website and/or web-application(s) and does not itself
offer the products or render the services of such third party to the User.
The User acknowledges that neither the Provider, nor its directors, prescribed officers,
board of trustees, agents or assigns, shall be held responsible for any direct or indirect
special, consequential or other damage of any kind whatsoever suffered or incurred,
related to the use of, or the inability to access or use the content of or the website of a
third party, as well as any functionality of said website and the products offered or
services rendered through or by means of said website, or of any linked website, even if
Provider is expressly advised thereof.
These third-party websites and advertisers, or internet advertising companies working
on their behalf, sometimes use technology to send (or ‘serve’) the advertisements that
appear on the Website directly to the User’s browser. They automatically receive the
User’s IP address when this happens. They may also use cookies, JavaScript, web
beacons (also known as action tags or single-pixel gifs), and other technologies to
measure the effectiveness of their ads and to personalise advertising content to Users.
The Provider does not have access to or control over cookies or other features that
such third parties may use, and the information practices of these advertisers and
third-party websites are not covered by these Terms and Conditions. Please contact
them directly for more information about their privacy practices.
THE USE OF THE WEBSITE BY AN AGENT OF THE USER
By accessing and making use of the Website in the capacity as an agent of the User,
such User acknowledges and agrees that he/she may gain access to the Personal
Information of third parties (clients, employees etc.).
In respect of a situation contemplated in clause 8.1 above, such User acknowledges
and agrees to only process the Personal Information in accordance with the Provider’s
Privacy Policy, as if the provisions of such Privacy Policy are expressly incorporated
herein, which Privacy Policy can be sourced at https://lumunous.co.za/privacy-policy/.
UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the rights to change, modify, add or remove from portions or the
whole of these Terms and Conditions from time to time. Changes to these Terms and
Conditions will become effective upon such changes being posted to this Website. It is
the User’s obligation to periodically check these Terms and Conditions on the Website
for changes or updates. The User’s continued use of this Website following the posting
of changes or updates will be considered notice of the User’s acceptance to abide by
and be bound by these Terms and Conditions, including such changes or updates.
LIMITATION OF LIABILITY
The User expressly acknowledges and agrees that the applicable laws governing the
Provider shall at all times be applicable to the Services.
The Website and all content on the Website, including any current or future offer of
products or services, are provided on an “as is” basis, and may include inaccuracies or
typographical errors. The Provider makes no warranty or representation as to the
availability, accuracy or completeness of the content. Neither the Provider, its affiliates,
its directors, members, prescribed officers, agents or assigns, shall be held responsible
for any direct or indirect special, consequential or other damage of any kind
whatsoever suffered or incurred, related to the use of, or the inability to access or use
the content or the Website or any functionality thereof, or of any linked website, even if
Provider is expressly advised thereof.
Neither the User or any other person shall have any claim against the Provider for any
direct, consequential, incidental, indirect or special loss or damages, including, without
limitation, business interruption, loss of business information, loss of data or other
pecuniary loss, arising from the unavailability of the Services, regardless of whether
such claim is based on breach of contract, delict, breach of implied warranties or
otherwise and even if the possibility of such loss or damages could have been foreseen
or if the Provider was negligent.
The Provider therefore does not guarantee that (i) the Website; (ii) the information,
content, tools or materials included on the Website; (iii) the Provider’s servers; or (iv)
that any electronic communications sent by the Provider will be free from viruses or
other harmful components. The Provider will not be liable for any damages of any kind
arising from your use of the Website, the Services and/or Products or from any
information, content, tools or materials included on or otherwise made available to the
User through the Website, including for direct, incidental, punitive and/or consequential
damages.
Although the Provider is committed to providing Users with the best possible Service,
the Provider shall not be responsible for:
• any of the events described in this clause 10;
• any actions or omissions by the User that result in a breach of the provisions of
these Terms and Conditions;
• any links to other websites or web-applications from the Website. The User also
acknowledges that the Provider cannot control the content of or the products
offered on any third party websites and/or web-applications;
• a denial of access to the Website or the Services, should the Provider believe or
have reason to believe that the User is conducting activities that are illegal,
abusive, would attack the integrity of the Website or put the Provider in disrepute;
or
• the User’s reliance on any of the Services, information, content, tools or materials
that the User obtains or gains access to from the Website.
CASUAL SURFING
The User may visit the Website without providing any personal information. The
Website servers will in such instances collect the IP address of the User’s computer or
other electronic device, but not the e-mail address or any other distinguishing
information. This information is aggregated to measure the number of visits, average
time spent on the Website, pages viewed, etc. The Provider uses this information to
determine use of the Website, and to improve content thereon. The Provider assumes
no obligation to protect this information and may process such information without
limitation.
GOVERNING LAW
The Website is controlled, operated and administered by the Provider within the
Republic of South Africa. Access to the Website from territories or countries where the
use of the Services provided through the Website is illegal, is prohibited.
The User may not use the Website in violation of South African export laws and
regulations. If the User accesses this Website from locations outside of South Africa,
that User is responsible for compliance with all local laws. These Terms and Conditions
shall be governed by the laws of the Republic of South Africa, and the User consents to
the jurisdiction of the any High Court with jurisdiction for purposes of resolving any
dispute in connection with the use of this Website. If any of the provisions of these
Terms and Conditions are found by a court of competent jurisdiction to be invalid or
unenforceable, that provision shall be enforced to the maximum extent permissible so
as to give effect to the intent of these Terms and Conditions, and the remainder of
these Terms and Conditions shall continue in full force and effect. These Terms and
Conditions constitute the entire agreement between the Provider and the User with
regard to the use of the Services, information, content, tools and, or materials made
available to the User through the Website.
USE OF THE WEBSITE, THE SERVICES & PRODUCTS
The User agrees not to:
• use the Website, the Services and/or Products to process Personal Information of
third parties;
• violate the privacy of any person in order to, or attempt to, gain unauthorised
access to the Website, the Services and/or Products, including, but without
limitation through hacking, password mining or any other means; or
• use the Website or the Services to engage in any illegal or unlawful activity.
Should the User engage in any of the aforementioned activities, or breach any of the
provisions of these Terms and Conditions, the Provider shall be entitled, without
prejudice to any other rights it may have and without prior notice to the User:
• suspend the User’s access to the Website, the Services and/or Products; and/or
• terminate this agreement and recover all costs incurred by the Provider,
including, but without limitation, legal costs on an attorney and own client
basis.
USE OF GOOGLE ADWORDS
This Website uses the Google Ads remarketing and customer match services to
exclude advertising on third party websites (including Google) to previous site visitors
or site users.
It could mean that the Provider excludes advertisements to Users who have previously
visited the Website, and this could be in the form of excluding an advertisement on the
Google search results page, or a site in the Google Display Network. Third-party
vendors, including Google, use cookies to serve or exclude ads based on a User’s past
visits to this Website.
Any Personal Information collected will be used in accordance with the Provider’s
Privacy Policy and Google’s privacy policy.
It could also mean that the Provider excludes advertisements to Users who have
previously submitted an application and that have submitted their email address to
the Provider for the purpose of obtaining or using the products and/or services offered
on or through the Website.
Google Ads remarketing will allow the Provider to not display ads to Users based on
what parts of the Website they have viewed by placing a cookie on the User’s devices
or not display ads if the User logged in to any google services by using their email
address to exclude advertisements to the User using the Google Ads customer match
service. This cookie does not in any way identify the User or give access to the User’s
computer.
Google Ads Remarketing allows the Provider to tailor our marketing to better suit the
needs of our Users and only display ads that are relevant to our Users. As always we
respect the privacy of Users and are not collecting any identifiable information through
the use of Google’s or any other third party remarketing system.
In addition to using cookies and related technologies as described above, the Provider
also may permit certain third-party companies to help us tailor advertising that we
think may be of interest to Users and to collect and use other data about user activities
on our Website. These companies may deliver ads that might also place cookies and
otherwise track User behaviour.
The User can set preferences for how Google advertises to you using the Google Ad
Preferences page, and if you want to you can opt out of interest-based advertising
entirely by cookie settings or permanently using a browser plugin.
COOKIES
When providing the Services, the Provider seeks to make the User’s access to such
Services easy, useful and reliable. This sometimes involves placing small amounts of
information on the User’s device. These are called “cookies”. These cookies cannot be
used to identify the User personally and are used to improve services for the User.
The Provider’s Website uses cookies that are essential in order to enable the User to
move around the Website and use its features when accessing the Services. Without
these cookies, the Provider would be unable to provide the Services. The Provider also
uses Google Analytics cookies to collect information about how Users use the Website
and to help the Provider ensure it is tailored to the User’s needs and interests. These
cookies only collect information in an anonymous form, including the number of
website visitors and the pages visited. No personal information is collected or stored by
the Provider. To opt out of being tracked by Google Analytics across the Website go
to: https://tools.google.com/dlpage/gaoptout. To opt out of targeted advertising by
Facebook go to: https://www.facebook.com/settings/?tab=ads.
During the course of any visit to the Website, the pages the User sees, along with a
cookie, are downloaded to the User’s device. Any information that is supplied by
cookies can help the Provider to provide the User with a better service and assists the
Provider in analysing the profile(s) of Users.
Most web browsers automatically accept cookies, but normally you can alter your
browser settings to prevent automatic acceptance, if you prefer. If you opt not to
receive the Provider’s cookies, the Provider cannot guarantee that your experience in
respect of the Website will be as quick or responsive as what it would be if the User
receives cookies.
The Provider does not store passwords or any other information about a User in a
cookie that could identify them, their location, their preferences or their financial
activity.
Details of the types of cookies used by the Provider is contained in the Provider’s
Privacy Policy sourced at https://lumunous.co.za/privacy-policy/.
Users can use their web browser to control their cookie settings.
COPYRIGHT
All content made available on the Website (for example, text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and where applicable
software) belongs to the Provider, or is alternatively used pursuant to a licensing
agreement concluded between the Provider and the third party proprietor of such
content.
Any unauthorised use, alteration or dissemination of the information or content
published on the Website is strictly prohibited.
The User expressly acknowledges that no content or information displayed on the
Website may be regarded or construed as granting any licence or right to any third
party, including the User, to use any trademark without the Provider’s prior written
consent and approval.
Although the Provider has deployed reasonable technical and organisational
measures to protect the information on the Website from time to time, the User
acknowledges that the Provider cannot be held responsible for any consequences that
may result from the unlawful breach of copyright or unlawful dissemination of
information by third parties copying information off of the Website.
COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
In compliance with section 43 of the Electronic Communications and Transactions Act,
2002, the Provider draws your attention to the following information relating to it:
Full name and legal status:
Lumunous Debt Counselling
Physical address and telephone number:
12 Wes Street, Bethal, 2309
Tel: 060 991 8894
Website address and e-mail address:
https://lumunous.co.za/Lumunous-Debt-Counselling
E-mail: reception@lumunous.co.za
The registration number, the names of its office bearers and its place of registration:
NCR Registration Number: NCRDC4616
The physical address where the Provider will receive legal service of documents:
12 Wes Street, Bethal, 2309
A sufficient description of the main characteristics of the Services and/or Products
offered by the Provider:
The Provider is a Sole Proprietor registered in terms of the company laws of the
Republic of South Africa and conducts the business of a debt counsellor.