Terms and conditions

Please read these terms and conditions carefully before using this website or engaging the services of PVB Group. By accessing or using this website, you agree to be bound by these terms and conditions in their entirety.

1 — Introduction and acceptance

Introduction and acceptance

This website (the "Website") is owned and operated by PVB Group (Pty) Ltd ("PVB Group", "we", "us", or "our"), a company duly registered in accordance with the laws of the Republic of South Africa.

These website terms and conditions ("Terms"), together with our privacy policy and any other policies referenced here, govern your access to and use of this Website and the services offered by PVB Group.

By accessing, browsing, or otherwise using this Website, you ("User", "you", "your") confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately stop using this Website.

PVB Group reserves the right to amend these Terms at any time without prior notice. Your continued use of this Website following any amendment constitutes your acceptance of the revised Terms. It is your responsibility to review the most current version of these Terms periodically.

2 — About PVB Group

About PVB Group

PVB Group is a specialist screening and vetting company providing comprehensive background verification services to employers, organisations, and individuals throughout the Republic of South Africa and beyond. Our services include, but are not limited to:

• Criminal record checks (SAPS / ACRO).
• Credit and financial background checks, subject to National Credit Act compliance.
• Identity verification (Department of Home Affairs).
• Employment history verification.
• Qualification and academic verification.
• Driver's licence and professional licence verification.
• Reference checks.
• Directorship and company affiliation checks (CIPC).
• Social media and open-source intelligence screening.
• Fraud, blacklisting, and watchlist screening.
• Pre-employment and ongoing employee vetting packages.

The Website serves as an informational and commercial platform through which prospective and existing clients may access information about PVB Group's services, submit service requests, and interact with PVB Group.

3 — Eligibility and user obligations

Eligibility and user obligations

You must be at least 18 years of age and legally competent to enter into binding contracts under South African law in order to use this Website or engage PVB Group's services. Where you use this Website on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the necessary authority to bind that entity to these Terms.

As a user of this Website, you agree that you shall not:

• Use this Website for any unlawful purpose or in any manner that contravenes any applicable law or regulation.
• Access or attempt to access any restricted or secure area of this Website without authorisation.
• Reproduce, copy, distribute, sell, resell, or exploit any content on this Website without the prior written consent of PVB Group.
• Introduce or transmit any viruses, malware, or other harmful code to this Website.
• Engage in any conduct that disrupts or interferes with the proper functioning of this Website.
• Misrepresent your identity, credentials, or the purpose for which screening services are being requested.
• Use the Website to obtain verification information on any data subject without lawful authority and valid written consent.

4 — Protection of personal information (POPIA)

Protection of personal information (POPIA) and data protection

General obligations

PVB Group processes personal information in compliance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). All personal information collected via this Website or in the course of rendering screening and vetting services is processed lawfully, for a specific and legitimate purpose, and with the requisite security safeguards in place.

Consent and purpose limitation

Where you submit a request for background verification services on behalf of a data subject ("Candidate"), you represent and warrant that:

• You have fully informed the Candidate of the nature and extent of the verification checks to be performed.
• You have obtained the Candidate's prior, written, and informed consent to conduct the requested verification checks.
• The verification checks are being requested for a lawful purpose directly related to the employment or engagement of the Candidate.
• You will retain the signed consent form and make it available to PVB Group on request.
• You will inform the Candidate of the results of the verification checks where required by law or where it may materially affect the Candidate's employment position.

National Credit Act compliance

Any request for consumer credit information submitted through PVB Group is subject to the National Credit Act 34 of 2005, as amended. By submitting a credit check request, the requesting party certifies that the request is for the purpose of evaluating a Candidate for employment in a role requiring trust and honesty in the handling of cash or finances, and that a valid job description confirming this requirement is in place. PVB Group reserves the right to verify compliance and to decline requests that do not satisfy the requirements of the Act.

Information Officer

PVB Group's Information Officer is responsible for ensuring compliance with POPIA. Any queries, requests for access to personal information, or complaints relating to data protection may be directed to the Information Officer at the contact details set out in clause 18 below.

5 — Registration and client accounts

Registration and client accounts

Certain areas of this Website and certain services may require you to register and create a client account ("Account"). You agree to provide accurate, complete, and current information during registration and to keep your Account details updated at all times.

You are solely responsible for maintaining the confidentiality of your Account login credentials and for all activities conducted under your Account. You must notify PVB Group immediately on becoming aware of any unauthorised use of your Account.

PVB Group reserves the right to suspend or terminate your Account at any time, with or without notice, in the event of a suspected breach of these Terms, fraudulent conduct, or for any other reason deemed appropriate by PVB Group in its sole discretion.

6 — Services, engagement, and service agreements

Services, engagement, and service agreements

The information on this Website does not constitute an offer to render services but is an invitation to do business, in accordance with section 21 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). No binding agreement is concluded merely by accessing this Website or submitting an online enquiry.

A formal service agreement, quotation, or signed mandate between PVB Group and the client governs the specific terms, scope, pricing, and turnaround times for verification services. These Terms apply to the use of this Website and are to be read together with any applicable service agreement.

PVB Group reserves the right to decline any service request at its sole discretion, including where the request does not comply with applicable legislation, where insufficient information has been provided, or where valid consent from the data subject has not been obtained.

Service turnaround times are estimates only and are subject to change due to third-party response times, public holidays, load shedding or infrastructure failures, or other circumstances beyond PVB Group's reasonable control. Turnaround time estimates do not constitute a contractual guarantee of delivery.

7 — Fees and payment

Fees and payment

Fees for PVB Group's services are as set out in the applicable quotation or service agreement. PVB Group reserves the right to revise its fee structure at any time on reasonable notice to registered clients.

Payment is due in accordance with the payment terms set out in the applicable service agreement or invoice. Unless otherwise agreed in writing, verification requests will not be processed until payment or proof of payment has been received by PVB Group.

Once a verification request has been submitted and payment received, the request is deemed authorised. Refunds will not be issued once the verification process has commenced. PVB Group will not be held liable for results that are unfavourable, inconclusive, or that cannot be verified through available third-party sources.

All prices quoted are exclusive of Value Added Tax ("VAT") unless expressly stated otherwise. VAT will be charged at the applicable rate in accordance with the Value-Added Tax Act 89 of 1991.

8 — Accuracy and reliability of verification results

Accuracy and reliability of verification results

PVB Group endeavours to provide accurate and reliable verification results. However, the accuracy and completeness of results depend on the quality of information provided by the requesting party, the accuracy of third-party databases and institutions, and the co-operation of data subjects.

PVB Group does not warrant that verification results will be complete, error-free, or that all requested checks will be conclusively verified. Where a check cannot be completed due to insufficient information or unresponsive third parties, PVB Group will indicate this in the relevant report.

PVB Group's verification reports are intended solely to assist the requesting party in making informed employment or engagement decisions. The requesting party remains solely responsible for any employment or contractual decisions made on the basis of PVB Group's reports, including any decision to employ, reject, dismiss, or otherwise affect the engagement of any individual.

9 — Intellectual property

Intellectual property

All content on this Website, including but not limited to text, graphics, logos, icons, images, reports, templates, and software, is the intellectual property of PVB Group or its licensed content providers and is protected by applicable South African and international intellectual property laws.

No content from this Website may be reproduced, republished, uploaded, transmitted, distributed, adapted, or used in any manner without the prior written consent of PVB Group. All rights not expressly granted are reserved. The PVB Group name, logo, and all related trademarks and service marks are the exclusive property of PVB Group, and unauthorised use is strictly prohibited.

10 — Confidentiality and report use

Confidentiality and report use

All verification reports and information generated by PVB Group are strictly confidential and are intended solely for use by the requesting party for the specific purpose for which they were requested. The requesting party undertakes to:

• Hold all verification reports in strict confidence.
• Not disclose reports or results to any third party not directly involved in the relevant employment or engagement decision.
• Use the reports solely for the purpose stated at the time of the verification request.
• Destroy or securely archive all reports in accordance with applicable data retention obligations under POPIA.

The requesting party acknowledges that unlawful disclosure of personal information or verification results may attract civil or criminal liability under POPIA, the National Credit Act, and other applicable legislation.

11 — Disclaimer of warranties

Disclaimer of warranties

This Website and all content, information, and services provided on or through it are provided on an "as is" and "as available" basis, without any representation or warranty of any kind, whether express, implied, or statutory, to the fullest extent permitted by applicable law. PVB Group does not warrant that:

• The Website will be available, uninterrupted, or error-free at all times.
• The information on the Website is current, accurate, or complete.
• The Website or the servers that make it available are free from viruses or other harmful components.

PVB Group reserves the right to suspend, update, modify, or discontinue the Website or any part of it at any time and without prior notice.

12 — Limitation of liability

Limitation of liability

To the fullest extent permitted by applicable law, PVB Group, its directors, officers, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with:

• Your use of or inability to use this Website.
• Any reliance placed on information or content published on this Website.
• Any employment or commercial decision made on the basis of a PVB Group verification report.
• Any unauthorised access to, or alteration of, your data or transmissions.
• Any third-party conduct, content, or services accessible via links on this Website.

Where PVB Group's liability cannot be excluded by law, PVB Group's aggregate liability shall be limited to the fees actually paid by you to PVB Group in the twelve (12) month period immediately preceding the event giving rise to the claim. Nothing in these Terms seeks to exclude or limit liability for death or personal injury caused by PVB Group's gross negligence, or any liability which cannot be excluded by law.

13 — Indemnity

Indemnity

You agree to indemnify, defend, and hold harmless PVB Group and its directors, employees, agents, and service providers against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of any provision of these Terms.
• Any verification request submitted without valid written consent from the relevant data subject.
• Your misuse of verification reports or results.
• Any violation of applicable law, including POPIA, the National Credit Act, or the Employment Equity Act.
• Any claim by a data subject arising from the requesting party's failure to comply with consent and notification requirements.

14 — Third-party links

Third-party links

This Website may contain links to third-party websites for convenience and informational purposes only. PVB Group does not endorse, control, or take responsibility for the content, privacy practices, or accuracy of any third-party website. Access to any linked website is entirely at your own risk. No prior written consent from PVB Group is granted merely by virtue of the existence of a link on this Website, and PVB Group reserves the right to withdraw permission to link at any time.

15 — Consumer Protection Act and ECTA compliance

Consumer Protection Act and ECTA compliance

To the extent that the Consumer Protection Act 68 of 2008 ("CPA") applies to any goods or services provided by PVB Group, nothing in these Terms is intended to contravene or limit the rights afforded to consumers under the CPA. Any provision of these Terms that would otherwise contravene the CPA is deemed to be qualified to the extent necessary to ensure compliance.

In accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002, PVB Group's full details are set out in clause 18 of these Terms. Electronic communications and the conclusion of agreements via this Website are governed by ECTA.

16 — Governing law and dispute resolution

Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the South African courts.

In the event of any dispute arising out of or in connection with these Terms or the use of this Website, the parties shall endeavour to resolve the dispute amicably through good-faith negotiation. If the dispute cannot be resolved within twenty (20) business days of written notice of the dispute, either party may refer the matter to arbitration in terms of the Commercial Rules of the Arbitration Foundation of Southern Africa (AFSA), to be conducted in English. Nothing in this clause prevents either party from approaching a court of competent jurisdiction for urgent interdict or other urgent relief.

17 — General provisions

General provisions

• Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable in any jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.
• Waiver. No failure or delay by PVB Group to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. No waiver shall be effective unless made in writing.
• Whole agreement. These Terms, together with our privacy policy and any applicable service agreement, constitute the entire agreement between you and PVB Group in relation to your use of this Website and supersede all prior agreements and understandings.
• Cession and assignment. PVB Group may cede, assign, or delegate its rights and obligations under these Terms to any third party at any time. You may not cede or assign your rights without PVB Group's prior written consent.
• No electronic acceptance by silence. No agreement to provide services shall be concluded by virtue of silence or failure to respond to a data message. An automated acknowledgement of receipt of a data message does not constitute acceptance of a service request by PVB Group.
• Force majeure. PVB Group shall not be liable for any failure or delay in performance under these Terms to the extent it is caused by circumstances beyond PVB Group's reasonable control, including acts of God, power outages, telecommunications failures, cyberattacks, or governmental actions.

18 — Contact and company details

Contact and company details

In accordance with section 43 of the Electronic Communications and Transactions Act, PVB Group's details are:

PVB Group (Pty) Ltd
Wigwam Estate, Rex Road, Rustenburg, 0299
[email protected]
+27 68 640 4779
www.pvbgroup.co.za

Information Officer: Dylan Petzer — [email protected]

This document is subject to change. Please ensure you are referring to the most current version published on the PVB Group website.