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1. Tenant Profile Network (Pty) Ltd ("The company") grants to the user the right to access the Tenant Profile Network, being an online database containing information on the behaviour, profile and creditworthiness of tenants and purchasers, as compiled and organised by the company, subject to the terms and conditions contained herein.
2. The company shall have the right to take whatever action and to implement whatever measures it may deem necessary to protect the confidentiality, security and integrity of the Tenant Profile Network and the information contained therein.
3. The user warrants that it has obtained the requisite consent from its tenants or purchasers (prospective or otherwise) that:-
3.1. the user may make enquiries in respect of any such tenant or purchaser by accessing the Tenant Profile Network;
3.2. the user may provide the company with information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts and creditworthiness of the tenant or purchaser for inclusion in the Tenant Profile Network;
3.3. the information as contemplated by 3.2 may be conveyed to, and accessed by, other users of the Tenant Profile Network;
3.4. any failure by the tenant or purchaser to meet his obligations to the customer may be recorded with the company for inclusion in the Tenant Profile Network.
4. The user acknowledges and agrees that:-
4.1. any information submitted by it may be included in the Tenant Profile Network and may be made available to other users of the Tenant Profile Network;
4.2. the information obtained by it from the Tenant Profile Network shall be utilised by it solely and exclusively for the purpose of assisting it in its risk management and tenant or purchaser evaluation and assessment decisions, in the ordinary course of its business from time to time;
4.3. the information obtained by it from the Tenant Profile Network shall not be conveyed to any third party;
4.4. the company shall have the right, in relation to any information submitted to it, to edit, alter or censor such information, either in whole or in part, in such fashion as it in its sole discretion may deem desirable;
4.5. the company shall have the right to verify the accuracy of any information submitted to it by the user.
5. The user undertakes and warrants in favour of the company that:-
5.1. any information submitted by it to the Tenant Profile Network shall be true and correct in every respect;
5.2. any information submitted by it to the Tenant Profile Network shall not be the subject of any dispute between it and the tenant or purchaser;
5.3. it shall not utilise any of the information obtained by it from the Tenant Profile Network in any litigation or civil or criminal dispute without the prior written consent of the company.
6. It is recorded that the information as contained in the Tenant Profile Network shall not in any way be construed as an opinion of the company as to the solvency, financial standing, creditworthiness, integrity or behaviour of the tenant or purchaser reported on, but rather constitutes a reflection of information received by the company from time to time and recorded within the Tenant Profile Network in good faith.
7. Ownership of the Tenant Profile Network and the information contained therein, or submitted for inclusion from time to time, shall vest in the company;
8. The user shall keep and maintain as strictly confidential, all the information obtained by it from the Tenant Profile Network from time to time.
9. It is recorded that the company does not guarantee or make any warranty or representation as to the accuracy or correctness of any of the information contained in the Tenant Profile Network;
10. Without in any way limiting the generality of 9, the company shall not be liable for any loss, liability, damage or expense of whatsoever nature suffered by the user as a result of, or which may be attributable to:-
10.1. the use by the user or any other person of any of the information comprising the Tenant Profile Network;
10.2. any mistake, error or omission in any of the information comprising the Tenant Profile Network;
10.3. any delay or failure in delivering, or in any manner communicating, any of the information comprising the Tenant Profile Network to the user.
11. The user indemnifies the company against all loss, liability, damage and expense of whatsoever nature which the company may suffer as a result of, or which may be attributable to:-
11.1. any breach by the user of any of its acknowledgements, undertakings or warranties as referred to herein;
11.2. any use made by the user of the Tenant Profile Network.
12. The user acknowledges having inspected the Tenant Profile Network and having satisfied itself as to the suitability thereof. The company provides no warranties in relation to the Tenant Profile Network.
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