1. Who you are contracting with and what these Terms and Conditions covers
1.1 We are FindBetter (Pty) Ltd, trading as FindBetter. We own and run the FindBetter service via our FindBetter Platform https://findbetter.co.za.
1.2 FindBetter (Pty) Ltd is a special purpose joint venture entity, which is owned by Confluent Holdings (RF) (Pty) Ltd and 3Way Group (Pty) Ltd respectively on a 50/50% shareholding basis.
1.3 FindBetter provides consumers with free access to their credit report and credit score, together with the other services, products and tools described in these Terms and Conditions .
1.4 These Terms and Conditions, together with our Privacy Policy (together, "the Terms"), describes the services, products and tools we offer through our platform, and sets out our obligations to you, and your obligations to us, so that we can provide and protect our website, our services and our brand.
1.5 Please read and understand the Terms before you use our platform or any of our services, products or tools. If you do not want to be legally bound by the Terms in their entirety, you must not accept them, in which case you must not use our platform or any of our services.
1.6 The Terms record our agreement with you about your use of our platform and our services, products and tools, and are legally binding on you. Your use of our platform and of any services, products or tools accessed through them, is entirely at your own risk, subject to the limitations set out in clause 12.
2. Scope of the Platform Terms and Conditions
2.1 These Terms and Conditions contain the legal terms that apply to your use of the various services, products and tools offered to you via the FindBetter Platform.
3. Preliminary notices in terms of the Consumer Protection Act, 2008
3.1. There are terms in this document that require your careful consideration. To assist you, those terms which may limit your rights or require you to give specific acknowledgements, or warranties are identified in bold type (see clauses 5.4, 5.8, 8.6 to 8.9, 12 and 14.3). YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE IMPORTANCE OF THESE TERMS.
3.2 All descriptions of FindBetter’s services, financial tools, and third-party credit products will be communicated in clear, plain language. Before you accept any paid service or third-party loan through our platform, we (for a paid service) or the relevant registered credit provider (for a loan) will provide you with a transparent pre-agreement statement and quotation. This document will explicitly detail the total cost of credit, interest rates, initiation fees, and monthly service charges before you sign or commit. You are under no obligation to accept these quotes.
4. Definitions and interpretation
4.1 In these Terms and Conditions:
4.1.1 “Confidential Information” means all proprietary and confidential information including, without limitation, all Intellectual Property, technical information, business information, sales information, product sales plans, marketing and advertising methodologies and strategies, inventions, developments, discoveries, know-how, methods, techniques, formulae, data, processes and other trade secrets and proprietary ideas, whether or not patentable or copyrightable, which may be developed, delivered or communicated by FindBetter to you from time to time pursuant to these Terms and Conditions;
4.1.2 "Credit Bureaus" means any registered credit bureau in South Africa, including TransUnion, Experian, XDS, VCCB and MyData;
4.1.3 “Credit Bureau Partner” means Kudough Credit Solutions (Pty) Ltd (NCR registration NCRCB29) and any other registered credit bureau engaged by FindBetter to provide credit report and/or credit score functionality on the FindBetter Platform, but only once you have consented to that bureau in terms of Annexure B;
4.1.4 “Consumer Credit Information” means consumer credit information as defined in section 70 of the NCA, and any information derived from it;
4.1.5 “Debt Counselling Services” means debt review, debt counselling and related services rendered by a debt counsellor registered under the NCA;
4.1.6 “Direct Marketing” means promoting and concluding the sale of any of our products or services, either by way of direct mail, electronic mail, internet, media insert, telephone, SMS etc;
4.1.7 “Force Majeure Event” means any event beyond our reasonable control, including without limitation, acts of God, war (whether declared or not) , riots, embargoes, acts of civil or military authorities, fires, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failure, network failures, failures of third party service providers (including providers of internet services and telecommunications),any act of terrorism, strikes affecting people other than our employees, power outages, any court order, any requirements of any authority or other competent local authority, and any governmental legislative or administrative action;
4.1.8 “Group Companies” means Confluent Holdings (RF) (Pty) Ltd and 3Way Group (Pty) Ltd, together with those of their respective subsidiaries;
4.1.9 “Intellectual Property" means any and all rights to and in connection with any patent, design, trademark, copyright, trade secret, and shall include any concepts, idea, methods, methodology, procedure, process, know-how, technique, strategy, model, template, database, software and business relationship or trade connection which vest in a Party and/or which have been created or acquired by a Party or in which it otherwise has rights; and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such Intellectual Property;
4.1.10 “Marketing Communications” means any direct marketing communication (as that term is used in POPIA), including offers, promotions, newsletters and personalised content, sent by email, SMS, push notification, WhatsApp, telephone call or post;
4.1.11 “Referral Partner” means a credit provider, insurer or other provider of a financial product or service, or a debt counsellor, to whom FindBetter refers you in terms of clause 9 and Annexure C;
4.1.12 “NCA” means the National Credit Act, 34 of 2005;
4.1.13 “NCR” means the National Credit Regulator established under the NCA;
4.1.14 “Personal Information” means any information about or relating to you, which is required by us to conclude these Terms and Conditions and to supply any products or services in terms of these Terms and Conditionsto you, including without limitation:
4.1.14.1 identity related information (e.g. names, identity number; passport number etc.);
4.1.14.2 contact information (e.g. residential and work physical and postal addresses; cellphone, home and work telephone numbers; email addresses etc.);
4.1.14.3 demographic information (e.g. age; gender etc.); and
4.1.14.4 banking information (e.g. bank account; credit card number etc.);
4.1.15 “Suppliers” means any third-party service provider, agency or platform (including customer-relationship, messaging and online advertising platforms) engaged by FindBetter or a Group Company to design, distribute, host or analyse Marketing Communications on their behalf;
4.1.16 “User Profile” means the unique username and password assigned to users of the FindBetter platform, which gives users access to the selected services, products, and tools offered by FindBetter;
4.1.17 "writing" means legible writing and in English and includes any form of electronic communication contemplated in the Electronic Communications and Transactions Act, 25 of 2002.
4.2 Any period of days prescribed in these Terms and Conditions must be calculated by excluding the first and including the last day. If the last day falls on a Saturday, Sunday or public holiday, then the next business day will be regarded as the last day. A “business day” means any day which is not a Saturday, Sunday or public holiday in the Republic of South Africa.
4.3 The expiration or termination of these Terms and Conditions shall not affect any of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
4.4 The rule of construction, that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to these Terms and Conditions .
5. Account registration, access, and use
5.1 You have access to use the services, products and tools made available on the FindBetter Platform without registering an account and creating a User Profile on the FindBetter Platform. However, in order for you to access your credit bureau data and establish whether you are eligible for the products available on the Platform, it is a requirement for you to register and create a User Profile on the FindBetter Platform.
5.1a You must be at least 18 (eighteen) years of age and resident in South Africa to register for, access or use the FindBetter Platform. By registering, you warrant that you have the legal capacity to be bound by these Terms and Conditions . We check your age from your identity number and will not process the Personal Information of any person under 18 years of age.
5.1b You may access and use the FindBetter Platform only for your own personal use, and not on behalf of any other person. You must not authorise, permit or engage any other person, company, partnership or entity to access your User Profile, or to request, obtain or view your credit report or credit score, on your behalf, nor request or attempt to obtain credit information about any person other than yourself.
5.2 Any registration information that you provide to us must be accurate, current and complete.
5.3 You must keep the details of your User Profile strictly confidential and secure and you must not share these details with any other person. We recommend that you change your password for your account on a regular basis.
5.4 You hereby authorise us to act on any order, request or instruction given via the FindBetter Platform, which appears to have been sent by you or on your behalf.. You must notify us immediately if you find out or reasonably suspect that someone has engaged in such fraudulent conduct and/or has gained unauthorised access to your User Profile details.
5.5 You must also immediately notify us if you detect any unauthorized use or activity on your account, or if your User Profile details have been lost, stolen or misused.
5.6 We may suspend your use of the FindBetter Platform, or any part thereof, if we have reasonable grounds to suspect that the confidentiality of your User Profile details or your account has been compromised or breached.
5.7 Although we use commercially reasonable efforts to make sure the FindBetter Platform is available at all times with minimum disruptions, we cannot guarantee that availability.
5.8 We will not be held liable for any loss or damage caused to you or any third party by the non-availability or disrupted availability of the FindBetter Platform or any part thereof.
5.9 We reserve the right, without any liability, to refuse, limit, suspend or interrupt your access to the FindBetter Platform if you do not comply with any of the terms and conditions contained in these Terms and Conditions , or for any other reason valid in law.
5.10 In addition to clause 8.5, you must not, and must not permit any other person to, use the FindBetter Platform:
5.10.1 in any way that is fraudulent, unlawful, or has a fraudulent or unlawful purpose or effect, including by misrepresenting your identity or User Profile information;
5.10.2 to impersonate any person or to create or use a false identity;
5.10.3 to obtain or attempt to obtain unauthorised access to, or to interfere with, damage or disrupt, any part of the FindBetter Platform, or any related systems, software or networks;
5.10.4 to modify, adapt, decipher, decompile, disassemble or reverse engineer any software forming part of the FindBetter Platform;
5.10.5 to scrape, copy, reproduce, distribute, publish, resell or transmit any element of the FindBetter Platform, save as expressly permitted under clause 11.2; or
to transmit any virus, malware or similar code, or to perform any act calculated to render the FindBetter Platform unavailable to other users, including by way of a denial-of-service attack.
5.11 A breach of clause 5.10 is a material breach of these Terms and Conditions , entitling FindBetter to act under clause 5.9, in addition to any other remedy available to it in law.
6. Commencement, duration and cooling off rights
6.1 The Platform Terms and Conditions will commence on the date that you first access and/or use the FindBetter Platform or start using any services or products offered by FindBetter ("commencement date").
6.2 The Platform Terms and Conditions will remain in force and will apply to your use of all services, products or tools on the FindBetter Platform from the commencement date.
6.3 In terms of section 44 of the Electronic Communications and Transactions Act (No.25 of 2002), you may cancel any transaction with FindBetter within 7 (seven) days after the commencement date if that transaction was pursuant to any Direct Marketing conducted for or on our behalf.
6.4 Cancellations must be made 72 hours prior to the agreed payment date. Any cancellations made within this period will only take effect in the following month. No refunds will be made for any cancellations within the 72-hour period.
6.5 Independently of the cancellation of any specific product or service under clause 6.4, you may close your FindBetter account and User Profile at any time by contacting FindBetter at enquiries@findbetter.co.za. Once your account is closed, you will no longer have access to the information FindBetter held on your behalf (FindBetter does not itself retain your Consumer Credit Information, which is held by the Credit Bureau Partner as described in Annexure B), and FindBetter will not be obliged to restore any data deleted as a result of the closure. Following closure we will keep your Personal Information only as set out in the Privacy Policy.
7. No offers, orders
7.1 You must not regard anything published on the FindBetter Platform as an offer, but rather as an invitation to do business.
7.2 FindBetter is under no obligation to sell or deliver any products or services advertised on the FindBetter Platform until you have registered a User Profile with us.
8. Products and services
8.1 The full suite of services, products and tools available from the FindBetter Platform are listed on the FindBetter or Platform.
8.2 Please note that certain services or products may include other terms which will apply if you chose to make use of such services or products. These additional terms must be read together with the terms of these Terms and Conditions .
8.3 Each of the services, products and tools supplied via the FindBetter Platform are, and will always continue to be, in the form and supplied in the manner chosen by FindBetter at its sole discretion.
8.4 All information services and products supplied by FindBetter are strictly for your own personal information purposes. They do not constitute financial or other professional advice. If you require further advice or guidance, you must engage a qualified professional advisor.
8.5 You warrant that you will only use our services, products and tools solely for their intended purpose, and for no other purpose which has not been authorised by us in writing. FindBetter shall not be responsible for the consequences of any unauthorised or unintended use of our services, products or tools.
8.6 You will be solely responsible for any action taken pursuant to your use of any of the services, products or tools made available to you.
8.7 FindBetter shall not be expected to and shall not verify any data given to us either by you, or any Credit Bureau, or by any other person. This does not limit our obligation to take reasonably practicable steps to ensure that the Personal Information we use for our own purposes is complete, accurate and not misleading.
8.8 You shall remain solely responsible for taking all decisions, making all enquiries, applying your own judgment, and managing all aspects of the products and services you subscribe for, including issues relating to financial planning and debt relief.
8.9 You are responsible for regularly reviewing your credit information and ensuring that it is and remains true, accurate, complete, relevant, or current.
8.10 FindBetter makes no representations and/or gives no guarantees that you will realise any financial benefits from your use of any of the services, products or tools accessed from the FindBetter Platform.
8.11 Where FindBetter obtains your credit report and/or credit score from a Credit Bureau on your behalf, you acknowledge and agree that FindBetter does so as your authorised agent and representative, (and you acknowledge that FindBetter may receive referral fees or commission from Referral Partners as described in clause 9.9, which does not change its limited role as your agent in obtaining your credit report) on the terms recorded in Annexure B, and that the relevant Credit Bureau shall be entitled to rely on this authorisation.
8.12 You acknowledge that any credit information made available to you under these Terms and Conditions is only as accurate, complete and up to date as the information supplied to FindBetter by the relevant Credit Bureau, consistent with clause 8.7.
8A. Consumer Credit Information and our role
8A.1 FindBetter does not compile or maintain a database or repository of Consumer Credit Information. Your credit report and credit score are obtained from, held by and managed by the Credit Bureau Partner, as described in Annexure B.
8A.2 FindBetter may use the information derived from your Consumer Credit Information to identify, profile or target you as a potential candidate for Debt Counselling Services and refer you to a registered debt counsellor, but will not disclose it to any third party except as you direct under Annexure C or as the law requires.
8A.3 FindBetter will also refer you to a debt counsellor if you have actively and separately asked for Debt Counselling Services (see clause 9.8).
9. Third Party Products and links to Third Party Websites
9.1 We may publish information about services and products offered and supplied by third party vendors and service providers via the FindBetter Platform ("third party products and services"). FindBetter is a financial solutions intermediary that is jointly owned by Confluent Holdings (RF) (Pty) Ltd and 3Way Group (Pty) Ltd (see clause 1.2) and is not a registered credit provider, bank, or insurer. Any personalized product recommendations or loan offers shown on the dashboard are third-party products; final approval is subject strictly to the external provider's vetting criteria and credit policies.
9.2 If you decide to purchase any third party products and services, you will do so under a separate agreement with the relevant vendor or service provider.
9.3 FindBetter does not offer any warranties or representations regarding any third party products or services advertised on the FindBetter Platform. We also do not guarantee the suitability of any third party products and services and your use thereof will be entirely at your own risk.
9.4 The FindBetter Platform may also contain links or references to other websites, including those of advertisers (“Third Party Websites“) outside of our control. These Terms and Conditions does not apply to those Third Party Websites and we are not responsible for the practices and/or policies of those Third Party Websites.
9.5 Your use of such third party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
9.6 A third party may link to the home page of the FindBetter website, provided this is done in a way that is fair and lawful and does not damage or take unfair advantage of FindBetter's reputation. No link may be established in a way that suggests any association, approval or endorsement by FindBetter where none exists, and the FindBetter website must not be framed within any other website. FindBetter reserves the right to withdraw linking permission at any time and without notice.
9.7 We will refer you to, and share your Personal Information with our Referral Partners to match you with the most suitable products and services available on the FindBetter Platform only after you have given your consent in terms of Annexure C. We share only the Personal Information that Annexure C describes. Each Referral Partner is a responsible party in its own right under POPIA, and your dealings with it are governed by clause 9.2.
9.8 We will refer you to a debt counsellor if you have actively and separately asked us to do so, but may also use the information derived from your Consumer Credit Information to identify, profile or target you as a potential candidate for Debt Counselling Services and refer you to a registered debt counsellor (see clause 8A).
9.9 Our services to you are free of charge, but we may receive a fee or commission from a Referral Partner when you are referred to it or take up its product or service. Where possible we will describe the basis of the fee next to the relevant offer. Our relationship with Kudough Credit Solutions (Pty) Ltd and with Group Companies is described in clause 1.2 and Annexure B.
9.10 Credit products shown on the FindBetter Platform are offered only by credit providers registered with the National Credit Regulator. FindBetter does not make credit decisions; the final decision rests with the credit provider.
10. Protection of Personal Information
10.1 We will process your Personal Information where this is necessary to conclude and perform in terms of these Terms and Conditions and to comply with our obligations under applicable laws. You acknowledge that you have read the Terms and Conditions at the time of engagement or registration as a User on the FindBetter Platform. Annexures A, B and C of these Terms and Conditions provide a detailed explanation of the consent you are agreeing to, how it would be managed, as well as your rights as a data subject in terms of the Protection of Personal Information Act (No.4 of 2013).
10.2 When processing any personal information about or for you, FindBetter undertakes that:
10.2.1 any processing of personal information carried out by us will be done in compliance with the relevant provisions of the Protection of Personal Information Act (No.4 of 2013) and any other applicable laws (and, where applicable, any directive given by the Information Regulator);
10.2.2 we shall process personal information only for the purposes described in the Terms, the Privacy Policy and the annexures to which you have consented;
10.2.3 we shall implement, adopt and maintain adequate technical and organisational security measures which is appropriate to the risks presented by the processing and the nature of the information to be protected, in particular where the processing involves the transmission of personal information over a network, and in accordance with generally accepted industry practice and having regard to the costs of implementing such measures;
10.2.4 we shall promptly notify you about:
10.2.4.1 any legally binding request for disclosure of the personal information by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;
10.2.4.2 any accidental or unauthorised access to any personal information being processed by us for or on your behalf; and
10.2.4.3 any access request received from any person.
10.3 For further information, please consult ourPrivacy Policy.
10A. Cross Border Transfers of Personal Information
10A.1 We may transfer your Personal Information to another country for the purposes of data backup, tracking marketing and CRM activity, disaster recovery and business continuity. Any such transfer will only be to a country that provides a level of protection for Personal Information that is adequate and substantially similar to the Protection of Personal Information Act, and/or will be made subject to a binding agreement with the recipient that imposes obligations on the recipient substantially similar to our own obligations under this clause. At present, we transfer Personal Information to the United Kingdom and the United States of Amercia for this purpose only. Personal Information transferred for backup, tracking marketing and CRM activity, disaster recovery or business continuity purposes is not accessed, used or processed for any other purpose while held there, and is not shared with any other third party.
10A.2 For any other transfer of your Personal Information to another country, we will do so only with your prior written consent, or on another basis permitted under the Protection of Personal Information Act.
10A.3 Separately, where you have consented to Marketing Communications under Annexure B, we may transfer your Personal Information to advertising and marketing platforms such as Google (Ads), Meta (Facebook/Instagram), TikTok and Microsoft (Ads) which are hosted outside South Africa, for the purposes described in Annexure B. We do this only for users who have given that consent, and only to platforms that are themselves subject to internationally recognised data protection safeguards. You may withdraw this consent at any time in accordance with Annexure B, and we will stop transferring your Personal Information for this purpose accordingly.
11. Intellectual Property
11.1 The FindBetter Platform, and all content published on it is owned or licenced by FindBetter and is protected under copyright law.
11.2 Subject to your compliance with the terms and conditions, FindBetter grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the FindBetter Platform and all the content published on it.
11.3 This license does not entitle you to resell or otherwise make commercial use of FindBetter Platform or any of the content published on it; or to create any derivative use of any published content, services, products or tools made available by us.
11.4 You acknowledge that FindBetter is the exclusive owner, licensee or authorised user of all Intellectual Property in or relating to the services, products and tools made available on the FindBetter Platform, including all Confidential Information about or relating thereto and to the services, products and tools made available to you.
12. DISCLAIMERS
12.1 The FindBetter Platform, including all published content, services, products, and tools made available to you by us, is provided "as is" and "as available".
12.2 FindBetter makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of the FindBetter Platform or any published content, services, products, and tools made available from or contained in it.
12.3 Subject to clause 12.3a, FindBetter, its officers, directors, employees, suppliers, internet service providers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by you or any other person resulting from the use, or inability to use, the FindBetter Platform, or any published content, services, products, and tools made available from or contained in it (including without limitation direct, indirect, incidental, special, punitive or consequential loss, loss of profit or anticipated savings or damages).
12.3a Nothing in these Terms and Conditions excludes or limits FindBetter's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, for gross negligence, for any duty or liability owed to you under the National Credit Act, 2005 or the rules of the National Credit Regulator, or for any other liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act, 2008.
12.3b Subject to clause 12.3a, and because the FindBetter website and FindBetter Platform are made available to you free of charge (save for any paid subscription products expressly identified on the FindBetter website or FindBetter Platform at the point of sale), FindBetter's total aggregate liability to you for any and all losses or damage arising out of or in connection with these Terms and Conditions , however arising, shall not exceed R500 (five hundred Rand), or, in respect of a paid subscription product, the total fees paid by you for that product in the 12 (twelve) months preceding the event giving rise to the claim.
12.4 in particular, and without limitating the generality of the exclusion in clause 12.3, FindBetter shall not be liable for any damage, loss or liability arising from or relating to any of the following:
12.4.1 your use of any of FindBetter’s services, products or tools other than for their stated purpose;
12.4.2 your use of any information received from one or more of the credit bureaus which is incorrect or inaccurate, or has not been updated;
12.4.3 any downtime, outage, interruption in or unavailability of the FindBetter Platform, or any of the services, products or tools published in or made available from it which is not attributable to any fault on the part of FindBetter, including without limitation –
12.4.3.1 repairs and maintenance carried out in the ordinary course of business;
12.4.3.2 any interruption or loss attributable to any other public or private network operator, content provider, database provider, or service provider; and/or
12.4.3.3 any force majeure event.
12.5 FindBetter has no control over any third party information, adverts, features or other materials ("Third Party Content") published on or accessible from the FindBetter Platform. FindBetter does not examine or edit any Third Party Content and/or does not act as an agent for any third party in this regard. As such and to the fullest possible extent permissible under law, FindBetter disclaims any liability whatsoever for any loss or damage arising from the use of any Third Party Content.
13. Consent to jurisdiction
13.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by and construed in accordance with the law of the Republic of South Africa.
13.2 For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the Magistrate’s Court, notwithstanding that such proceedings are otherwise beyond its jurisdiction.
13.3 This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that FindBetter shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Subscriber hereby consents to the jurisdiction of the said court.
14. Domicilium, notices and electronic communications
14.1 You choose as your domicilium citandi et executandi (“Domicilium”) for all purposes relating to these Terms and Conditions , including the giving of any notice, the payment of any sum, the serving of any process, at your residential address or principal place of business as stated in your account registration application or as otherwise notified to us from time to time.
14.2 You hereby agree that FindBetter can use any suitable form of electronic communication to communicate with you and to deliver any notices in terms of these Terms and Conditions .
14.3 Electronic communications, including e-mail, SMS and instant messages, sent by you to the FindBetter Platform, or any associated websites, or to us directly will be deemed to have been received when the complete communication enters our information system and can be retrieved and processed by us. A withdrawal of consent, an objection, a request or a dispute takes effect from that time, and not from our acknowledgement or response.
14.4 Electronic communications sent by us to you will be deemed as received by you once the complete communication has entered the information system you have designated or use for that purpose, and can be retrieved and processed by you.
15. General
15.1 These Terms and Conditions constitute the whole agreement between us. You acknowledge that you have not been induced to enter into these Terms and Conditions by any representations or warranties, other than those set out in these Terms and Conditions and that any representations or warranties not contained in this document will have no force or effect.
15.2 If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, that provision will be severed from this document without affecting, impairing or invalidating any of the remaining provisions of these Terms and Conditions , which shall continue to be of full force and effect.
15.3 No waiver of any of the terms and conditions of this document will be binding for any purpose unless expressed in writing and signed by the party giving the waiver, and that waiver will only be effective for the specific purpose it is given for.
15.4 No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
15.5 You may not cede, assign, transfer or delegate any of your rights or obligations under these Terms and Conditions without FindBetter's prior written consent.
15.6 Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions (other than an obligation to make payment) to the extent that such delay or failure results from a Force Majeure Event, as defined in clause 4.1.4.
16. Consumer protection information
16.1 In compliance with section 43(1) of the Electronic communications and Transaction Act 25 of 2002 (“ECT Act”), your attention is drawn to the following:
16.1.1 Full name and legal status: FindBetter (Pty) Ltd, trading as FindBetter a private company incorporated in accordance with the laws of the Republic of South Africa;
16.1.2 Registration number: 2025/751445/07;
16.1.3 Place of registration: South Africa
16.1.4 Registered physical address: 2nd Floor, 20 The Piazza, Melrose Arch, Melrose North, 2196
16.1.5 Telephone number: 021 755 0466
16.1.6 Website: https://findbetter.co.za
16.1.7 Email address: enquiries@findbetter.co.za
16.1.8 Platform: https://findbetter.co.za
16.1.9 Physical address for receipt of legal documents: 2nd Floor, 20 The Piazza, Melrose Arch, Melrose North, 2196
17. Changes to the Terms and Conditions
17.1 We may update or modify these Terms and Conditions, including any referenced policies and other documents, from time to time. Where a revision meaningfully reduces your rights, we will notify you by sending an email alert to the address associated with your account, by posting a notice on the FindBetter Platform, or by any other means we consider appropriate. 17.2 The modified version of these Terms and Conditions will not apply to any paid product that you subscribed to before the modification takes effect, but will apply to products subscribed to, or services provided, after that date.
17.3 If you object to an updated or amended version of these Terms and Conditions, your remedy is to stop accessing and using the FindBetter Platform. Where a change expands the purposes for which, or the persons to whom, your Personal Information is processed, we will ask for your consent again before the change applies to you.
Annexure A: Consent to Processing of Personal Information for Marketing Purposes
1. Introduction
1.1 This Annexure A forms part of, and must be read together with, the Terms and Conditions, and in particular clause 10 (Protection of Personal Information).
1.2 You acknowledge that you have read the Terms and Conditions at the time of engagement or registration as a User on the FindBetter Platform. In doing so, you consent to FindBetter processing your Personal Information for marketing purposes. This Annexure A explains that consent in more detail. It records your separate and specific consent, as required by section 11 of the Protection of Personal Information Act, 4 of 2013 ("POPIA").
1.3 This consent is not a condition of using the core, non-marketing functionality of the FindBetter Platform. You may withdraw it at any time, as set out in clause 4. If you withdraw it, FindBetter and the Group Companies will stop sending you Marketing Communications and certain personalised offers may no longer be available to you, but your ability to use the FindBetter Platform for its core purpose will not be affected.
2. What you consented to
By giving your consent at registration, you consented to FindBetter, and where applicable the Group Companies, processing (collecting, using, disclosing, storing and analysing) your Personal Information, including your name, contact details, the product categories you have shown interest in, demographic information, and information about your use of and interaction with the FindBetter Platform (but not your identity number or any Consumer Credit Information), for the following purposes:
2.1 sending you Marketing Communications about products or services offered by FindBetter, a Group Company, or a third party whose products or services FindBetter or a Group Company markets;
2.2 profiling and analysing your preferences, behaviour and financial circumstances (based on the information you provide and your use of the FindBetter Platform, and excluding your Consumer Credit Information and any information derived from it) in order to tailor Marketing Communications and offers to you; and
2.3 sharing your Personal Information for the above purposes with the Group Companies and with Suppliers engaged to design, distribute, host or analyse Marketing Communications on FindBetter's or a Group Company's behalf. Suppliers include our customer-relationship and messaging platform provider and the online advertising platforms identified in the Privacy Policy, some of which are located outside South Africa (see clause 5). We send advertising platforms only a hashed email address or phone number and the fact that an event (such as a registration) has occurred, and never your identity number, information about your debts or Consumer Credit Information.
3. Suppliers and Group Companies
3.1 FindBetter will only share your Personal Information with a Product or Service Provider under a written agreement that requires the Supplier to process your Personal Information solely for the purposes described in clause 2, to keep it confidential and secure, and to comply with POPIA.
3.2 A Group Company that receives your Personal Information under this Annexure A will be subject to the same restrictions on its use as apply to FindBetter under clause 10 of the Agreement and this Annexure A.
4. Your rights
4.1 You may, at any time and free of charge:
4.1.1 withdraw this consent, either entirely or for any one or more of the purposes in clauses 2.1 to 2.3, and opt out of receiving further Marketing Communications, by updating your preferences in your account settings, clicking "unsubscribe" on any marketing email, replying "STOP" to any marketing SMS, or contacting FindBetter at enquiries@findbetter.co.za;
4.1.2 object to the processing of your Personal Information for direct marketing purposes, as contemplated in section 11(3) of POPIA;
4.1.3 request access to, correction of, or deletion of your Personal Information, as further described in FindBetter's Privacy Policy; and
4.1.4 lodge a complaint with the Information Regulator regarding FindBetter's processing of your Personal Information.
4.2 Withdrawing this consent does not affect the lawfulness of processing carried out before your withdrawal, and does not affect FindBetter's right to continue processing your Personal Information for the core purposes described in clause 10 of the Agreement (for example, to operate your account and deliver the services you have requested).
4.3 A withdrawal takes effect when you submit it, and not when we acknowledge it. We will stop sending you Marketing Communications, remove you from our messaging and advertising audiences and tell our Suppliers within 5 business days.
5. Cross-border transfer
Any transfer of your Personal Information to a Supplier, advertising platform or Group Company located outside South Africa for the purposes described in this Annexure A will only take place in accordance with clause 10A of the Agreement (that is, only to a recipient that is subject to a law, binding corporate rules or a binding agreement providing an adequate level of protection substantially similar to POPIA, or on another ground permitted by section 72 of POPIA). The recipients and countries are listed in the Privacy Policy.
6. Record of your consent
FindBetter keeps a record of the date and time you gave this consent and the version of the Terms and Conditions that applied at the time. You can see and change your current consent choices in your account settings at any time.
7. Interaction with the Agreement
This Annexure A supplements, and does not replace or limit, clause 10 of the Terms and Conditions, which governs FindBetter's processing of your Personal Information generally for the purposes of concluding and performing the Terms and Conditions.
Annexure B: Credit Bureau Partner Disclosure and Consent
1. Introduction
1.1 When you registered on the FindBetter Platform, you gave your consent, by ticking the relevant consent box on the registration screen, to your credit information being obtained from registered credit bureaus so that you can see your credit report and credit score. This Annexure B explains that consent in more detail. It must be read together with clauses 8.11 and 8.12 of the Terms and Conditions.
1.2 This Annexure B explains who you are dealing with when you use the credit information section of the FindBetter Platform, on what basis your consumer credit information is obtained and used, and what rights you have under the NCA and POPIA in relation to that information.
2. Who you are contracting with
2.1 To provide you with your credit report and/or credit score, FindBetter works with its Credit Bureau Partner, being Kudough Credit Solutions (Pty) Ltd (NCR Registration: NCRCB29). By giving your consent at registration and using the credit information section of the FindBetter Platform, you acknowledged and agreed that:
2.1.1 FindBetter facilitates your access to the Credit Bureau Partner's services as your authorised agent and representative, as recorded in clause 8.11 of the Terms and Conditions;
2.1.2 from the point at which your Personal Information and Consumer Credit Information is submitted to the Credit Bureau Partner, the Credit Bureau Partner processes that information as an independent "responsible party" (as that term is used in POPIA), for its own purposes and separately from FindBetter, in accordance with the Credit Bureau Partner's own privacy policy and terms of use, available at https://findbetter.co.za/terms; and
2.1.3 you are, from that point, in a direct relationship with the Credit Bureau Partner for the retrieval, storage and management of your consumer credit information, on the terms disclosed in this Annexure B and in the Credit Bureau Partner's own terms.
3. What you consented to: basis and purpose of processing
By giving your consent at registration, you consented to FindBetter submitting your Personal Information to the Credit Bureau Partner, as your authorised agent, and to the Credit Bureau Partner collecting, using, storing, managing and disclosing your Personal Information and consumer credit information in order to:
3.1 compile, maintain and update your credit profile and credit report;
3.2 provide your credit report and/or credit score to you via the FindBetter Platform;
3.3 respond to any further request you make for your credit information;
3.4 request your credit record at any Credit Bureaus on a recurring basis (weekly and/or monthly) to update your financial dashboard automatically;
3.5 tell FindBetter, as a simple indicator and without disclosing your credit report, credit score or debt review status, whether you may qualify for a financial product, so that FindBetter can show you suitable offers; and
3.6 perform any other function permitted or required of it under the regulatory framework applicable to registered credit bureaus, including the NCA, the regulations made under the NCA, and any applicable directive, guidance note or code of conduct issued by the NCR.
4. Your rights under the National Credit Act
As a consumer, you have the following rights under section 72 of the NCA in relation to information held about you by the Credit Bureau Partner and other registered credit bureaux:
4.1 the right to one free credit report from the Credit Bureau Partner in every 12-month period, on request;
4.2 the right to inspect and be advised of the information held about you, and to require the Credit Bureau Partner to investigate and, where appropriate, correct or remove information you believe to be inaccurate, obsolete or incomplete, within the statutory investigation period (currently 20 business days from the date of your request); and
4.3 the right, if you remain dissatisfied with the outcome of that investigation, to refer the matter to the Credit Ombud or to lodge a complaint with the NCR.
5. Your rights under POPIA
5.1 Your consumer credit information constitutes Personal Information protected under POPIA. The Credit Bureau Partner processes your Personal Information as a responsible party in its own right, and is independently required to comply with the conditions for lawful processing set out in POPIA.
5.2 You have the right to access, request correction of, and object to the processing of your Personal Information by the Credit Bureau Partner, and to lodge a complaint with the Information Regulator, in each case directly against the Credit Bureau Partner and in accordance with its own privacy policy.
5.3 FindBetter does not control, and is not responsible for, the Credit Bureau Partner's processing of your Personal Information once it has been submitted to the Credit Bureau Partner, save to the extent recorded in clauses 8.11 and 8.12 of the Terms and Conditions. This does not limit FindBetter's own responsibility for the Personal Information that it processes as a responsible party, which you may take up with FindBetter directly as described in the Privacy Policy.
6. Withdrawal
6.1 You may withdraw this consent at any time, free of charge, in your account settings or by contacting FindBetter at enquiries@findbetter.co.za. Withdrawal takes effect when you submit it. FindBetter will then stop submitting your Personal Information to the Credit Bureau Partner and the recurring updates in clause 3.4 will stop.
6.2 Because the Credit Bureau Partner processes and retains consumer credit information under its own independent statutory mandate as a registered credit bureau under the NCA, withdrawal does not apply retrospectively to information already lawfully obtained and processed by the Credit Bureau Partner. You may exercise your rights in relation to that information directly against the Credit Bureau Partner, as described in clauses 4 and 5.
7. Record of your consent
FindBetter keeps a record of the date and time you gave this consent and the version of the Terms and Conditions that applied at the time.
Annexure C: Consent to Referral and Lead Sharing
1. Introduction
1.1 This Annexure C forms part of, and must be read together with, the Terms and Conditions, and in particular clause 9.
1.2 You acknowledge that you have read the Terms and Conditions at the time of engagement or registration as a User on the FindBetter Platform. In doing so, you consent to FindBetter sharing your Personal Information with Referral Partners when you ask to be matched with one. This Annexure C explains that consent in more detail. It records your separate and specific consent, as required by section 11 of the Protection of Personal Information Act, 4 of 2013 ("POPIA").
1.3 This consent is not a condition of using the core functionality of the FindBetter Platform, and you may withdraw it at any time, as set out in clause 5.
2. What you consented to
2.1 When you express an interest in the FindBetter Platform products and services, FindBetter will send the Referral Partners (lenders, being registered credit providers, or insurers) the following Personal Information: your first name, surname, email address, cell phone number. FindBetter will not send your identity number, credit report, credit score, debt review status or any other Consumer Credit Information.
2.2 The Referral Partner will use your Personal Information to contact you about, and to assess your request for, the product or service you asked about. It is a responsible party in its own right under POPIA and its own privacy policy applies. FindBetter requires each Referral Partner to use your Personal Information only for that purpose, not to sell it or pass it on, and not to send you marketing about other products without your separate consent.
2.3 FindBetter delivers your request to the Referral Partner through a lead-delivery service provider that processes your Personal Information only on FindBetter's instructions. Some of these service providers are located outside South Africa, and clause 10A of the Agreement and the Privacy Policy apply.
3. Debt counselling
3.1 FindBetter will refer you to DebtBusters, a registered debt counsellor, if you actively ask on the FindBetter Platform to speak to a debt counsellor. In that case FindBetter will share only your first name, surname, email address and cell phone number with DebtBusters.
3.2 FindBetter may also use the information derived from your Consumer Credit Information to identify, profile or target you as a potential candidate for Debt Counselling Services and refer you to a registered debt counsellor.
4. Fees
FindBetter may receive a fee or commission from a Referral Partner when you are referred to it or take up its product or service. This does not cost you anything extra.
5. Withdrawal
You may withdraw this consent at any time, free of charge, by contacting FindBetter at enquiries@findbetter.co.za or through your account settings. Withdrawal takes effect when you submit it. It stops further sharing by FindBetter but does not affect sharing that has already lawfully taken place. For information already held by a Referral Partner you may need to contact that Referral Partner directly.
6. Record of your consent
FindBetter keeps a record of the date and time you gave this consent, the version of the Terms and Conditions that applied at the time, and each request you make to be matched with a Referral Partner.