Terms and Conditions

1. Definitions

In this terms and conditions, the words below have the following meanings assigned to it:

1. “we”, “us”, “our” and “NDMA” means National Debt Mediation Association
2. “website” means the internet set with the address http://www.ndma.org.za and/or any related site or site referred to.
3. “you” and “your” means the user of the web site.

2. Your consent

Your use of the NDMA web site is subject to the conditions set out below. These conditions may change from time to time so please familiarise yourself with this Agreement regularly.
3. Warranties

1. You warrant your identity (i.e. you are who you say you are) and that you can prove your identity should we require you to do so.
2. NDMA reserves the right to refuse to provide services to you if we are unable to verify or authenticate any information you provide to us.
3. You will keep your Log-in name and password confidential and you will not divulge your Log-in name or password to anyone nor allow others to use them. (Only applicable to Affiliated Members, Stakeholders and Board members who have been given a login and password)
4. Any use of the Log-in name and password by any person shall be deemed to be use by you. (Only applicable to Affiliated Members, Stakeholders and Board members who have been given a login and password)
5. We will not ask you to disclose your password in an unsolicited phone call or written correspondence. (Only applicable to Affiliated Members, Stakeholders and Board members who have been given a login and password)

4. Full disclosure of all relevant facts

1. You guarantee that all information you provided at any time to NDMA via this web site, in writing, or to the staff servicing our call centre, will be true and correct.
2. You guarantee that you have fully disclosed all material facts. Where applicable, any breach of your common law duties for disclosure may lead to action against you.
3. Where you require personal assistance, the NDMA may need certain personal and financial information from you (with your consent). It is in your best interest to keep the information up-to-date and accurate.

5. Electronic transactions, communication and records

1. You accept the risk of choosing electronic communication as the channel to be utilized by the parties. You authorize NDMA to act on the information that you send electronically. You further agree that all records will be stored electronically by NDMA and such electronic record will constitute conclusive proof of the contents of such record, unless you prove otherwise.
2. Any e-mail sent to you will be deemed to have been received by you upon dispatch by NDMA.
3. We take all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security of any information you transmit to us online and you do so at your own risk.

6. What do we do with the information we collect?

1. The NDMA is committed to keeping your information confidential. We will use it to personalise your experience, and to directly communicate with you.
2. We will disclose information when required to do so (1) by any regulatory authority (like the Financial Services Board) and the regulators they appoint for the various financial sectors (2) by any stock exchange and its related clearing house (3) to comply with any regulation passed under the relevant legislation, or any legal process (4) to protect and defend NDMA's rights and property (including NDMA's intellectual property).

7. Copyright

This web site is the property of the National Debt Mediation Association. The web site, the intellectual property and all software are protected by copyright. All rights in the NDMA trademarks, computer code, tools, calculators and devices remain the sole property of NDMA. Our software or data may not be decompiled, reverse-engineered, or disassembled, or used in any manner whatsoever unless you are authorised to do so.
9. Disclaimer

1. The NDMA is committed to providing you with the best possible service. However, we are not responsible for :
   1. interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the control of NDMA.
   2. any negligent act or omission by NDMA.
   3. inaccurate or inadequate information obtained from the web site inaccurate information supplied by you.
2. We are not responsible for any direct or indirect loss or damages that may arise from :
   1. any of the events described in this paragraph (no. 2) and the paragraph above (no. 1).
   2. your actions or omissions that result in any breach.
   3. links with other web sites over which we cannot control the content of or the products offered on those sites.
   4. a denial of access to the web site should we believe that you are conducting activities that are illegal, abusive, attack the integrity of the site or put NDMA in disrepute.
   5. the reliance on the information obtained from this web site.
3. The information contained in this web site is not to be construed as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult your financial adviser should you require advice.

10. Indemnity

1. While NDMA makes every effort to ensure that the information is accurate and up to date, NDMA makes no representations or warranties about the suitability of the products that appear nor about the soundness of the content on the web site.
2. All information, including products and services or any terms or conditions pertaining to them, is subject to change at any time.
3. All calculations made on the web site are approximations, are meant as guidelines only and should be confirmed before relying on them.
4. NDMA is not responsible for any defects in, malfunctions of, or inaccuracies in the performance of any calculators used in the calculations.
5. All services provided via this site are subject to confirmation in writing stating the relevant parties at the time of the finalising of any negotiations and/or transactions.
6. Some of our information is derived from external sources. We are not responsible for the incorrect information received from these external sources.