HURU Criminal Record Checks
HURU Criminal Record Checks

Terms & Conditions

Thank you for visiting the Platform of HURU Technologies (Pty) Ltd (“HURU”). Before browsing or using our Platform or our Services, please carefully read these terms and conditions of use (“Terms of Use”) together with any applicable Product Annex, which set out the terms and conditions on which our Platform is made available and our Services are rendered including (without limitation) terms in respect of refunds, security and privacy.

Last updated: 06/10/2025

Disclaimer

The contents of the Platform and our Services are provided “as is” without warranty of any kind, either express or implied.

HURU, the authors and developers of the content on the Platform (including the Services) and in general anybody connected to the Platform/Services in any way assume no responsibility for errors or omissions in the content on the website or Platform, the general use thereof and the Services rendered.

HURU further does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the content on the Platform or contained in or delivered pursuant to the Services.

The User may not access the Platform from countries where its contents are illegal or unlawful. If you do access the Platform from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.

Liability

HURU does not limit in any way its liability which cannot be excluded or limited under applicable law for fraud, death or personal injury caused by its negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.

Subject to the foregoing, the User agrees that HURU and its directors, officers, employees, representatives, agents, consultants, service providers and contractors will not be liable for:

  • Any loss, disruption or damage to their personal information, computer, equipment or smart device, operating systems and software applications;
  • Any direct, indirect, general, special, incidental or consequential damages (including, without limitation, data loss, lost revenues and lost profit) arising out of the User’s use or inability to use our Platform (including downloading or streaming from the website), their content, any information on or from the Platform, website or any link to another website or app, the Services rendered, the Findings (as may be defined in any relevant Product Annex) and whether such loss or damage arises in contract, delict (including negligence) or otherwise. HURU cannot assume any such obligations or responsibility; and/or
  • Any indirect, special, incidental or consequential damages arising from any cause whatsoever (including, without limitation, data loss, lost revenues and lost profit).

The User hereby indemnifies and holds harmless HURU and its service providers and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, in full for, from and against any and all loss, damage, injury, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and other professional costs) suffered or incurred by the User, whether directly or indirectly, out of or in connection with the Services, the Platform and the use, storage, transfer and destruction of any personal information and/or any errors or omissions contained therein, irrespective of whether such errors or omissions occur as a result of HURU or its service providers’ and/or their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors negligent acts or omissions.

In particular the User acknowledges and agrees that HURU and its service providers and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors will not be liable, under any circumstances whatsoever, for any loss, damage, injury, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and any other professional costs) suffered or incurred by the User, whether directly or indirectly, out of or in connection with the User and/or any third party’s reliance on the Findings (as may be defined in any relevant Product Annex), including, without limitation, any decisions that the User and/or any third party may make based on such Findings.

The User hereby indemnifies and holds harmless HURU and its service providers and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, in full for, from and against any and all loss, damage, injury, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and any other professional costs) suffered or incurred by HURU and its service providers and/or their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, whether directly or indirectly, out of or in connection with any incorrect or false personal information submitted by them.

Email Disclaimer and Policy

These terms and conditions apply to all e-mail communication, attachments and all subsequent communications and attachments between you and HURU (collectively referred to as “Electronic Communication”). These are in addition to our Privacy Policy.

Confidentiality

The contents of all Electronic Communication and any accompanying documentation are confidential and may be subject to legal privilege and client confidentiality. Any use by anyone other than the addressee is strictly prohibited. If you are not the intended recipient of any Electronic Communication (or such person’s authorised representative), then please notify us immediately by return e-mail or to legal@huru.co.za or telephone and delete such message from your system and you may not use, print, store, forward or copy such Electronic Communication or any part thereof or disclose or cause information in such Electronic Communication to be disclosed to any other person without our express written consent.

Copyright

The content of all Electronic Communication and any accompanying documentation relating to HURU is owned by HURU and are protected by copyright and other intellectual property laws. All rights not expressly granted are reserved.

Electronic Communications

By communicating with us through electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted to you by electronic means satisfies any legal requirement, including but not limited to the requirement that such communication should be “in writing”.

We are only deemed to have received any Electronic Communication once we have confirmed receipt thereof.

We are deemed to have sent any Electronic Communication once reflected as “sent” on our email server or other information system.

Disclaimer

HURU will not be liable if any variation is affected to any document or correspondence emailed or sent by Electronic Communication unless the variation has been approved by HURU. HURU cannot be held liable for any harm or loss resulting from viruses in any Electronic Communication or attachments, including data corruption that results. HURU disclaims liability or legal responsibility for the non-delivery or incorrect delivery for whatever reason of the contents of any Electronic Communication, its effect on electronic devices or its transmission in an unencrypted medium.

Personal use by employees

Any views or opinions expressed in any Electronic Communication are those of the individual sender and do not create obligations on or represent any commitment by HURU, except where the sender specifically states it to be the views or opinions of HURU. If any Electronic Communication contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with HURU and only the sender can be held liable in their personal capacity.

Offers

Only duly authorised staff acting within the scope of their authority are able to bind HURU contractually. Unless expressly indicated as such, nothing in any Electronic Communication constitutes an offer, warranty, representation solicitation, recommendation, endorsement or offer by HURU, but is merely an invitation to do business. Any advice or information contained in any Electronic Communication is subject also to these Terms of use.

General

Choice of Law and Dispute Resolution

Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms of Use, the agreement between HURU and any User as well as any disputes between any User and HURU, shall be governed by and construed in accordance with South African law.

Any disputes between any User and HURU shall be determined by arbitration in terms of South African law. All disputes shall be finally resolved in accordance with the commercial rules of the Arbitration Foundation of Southern Africa (“AFSA”) as amended or replaced from time to time by a single arbitrator appointed by AFSA. There shall be no right of appeal. The arbitration shall take place in Johannesburg, in English and in private. The arbitration proceedings shall be kept confidential.

The parties consent to any arbitration being conducted as a matter of urgency and authorise any party to apply to AFSA for any arbitration to be conducted on an urgent basis.

This shall not preclude any of the parties being able to apply for and obtain urgent interim relief from the Courts pending such arbitration.

Company, Domicilium and Notice Details

HURU’s company details are: Huru Technologies (Pty) Ltd, registration Number: 2017/168618/07, a private company with limited liability incorporated in the Republic of South Africa.

HURU’s registered and postal address is: Stonemill Office Park Kiepersol HO, Office F04 300 Acacia Road, Darrenwood, Johannesburg, Gauteng, 2195.

HURU’s chosen domicilium citandi et executandi for the service of all legal documents is: Stonemill Office Park Kiepersol HO, Office F04 300 Acacia Road, Darrenwood, Johannesburg, Gauteng, 2195

All communication and notices can be sent to: legal@huru.co.za.

HURU’s telephone number is: 010 593 4491.

Waiver

If the User breaches these Terms of Use and HURU takes no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where the User breaches these Terms of Use. No indulgence, leniency or extension of time granted by HURU shall constitute a waiver of any of HURU’s rights under these Terms of Use and, accordingly, HURU shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against any User which may have arisen in the past or which might arise in the future.

Updating Terms and Policies and Continued Use

HURU reserves the right to change, modify, add to or remove from portions or the whole of these Terms of Use and/or any applicable policies, from time to time.

Changes to these Terms of Use and/or such policies will become effective upon such changes being posted to the Platform.

It is the User’s obligation to periodically check these Terms of Use and/or such policies on the Platform for changes or updates.

The User’s continued browsing or using of the Platform and/or the Services or communicating with HURU by electronic means, shall be accepted as confirmation of their acceptance of such changes. A User cannot browse or use the Platform or our Services if they do not accept the changes or updates to the Terms of Use and/or such policies.

These Terms of Use contain the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above (changes made by HURU), no other alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms of Use or their duly authorised representatives.

Third Party Benefits

Third parties may accept and enforce the benefits of these Terms of Use to the extent expressly provided, but only with the written consent of HURU. Nothing in these Terms grants any other rights to third parties beyond those explicitly stated.

Termination

If you wish to terminate your agreement with us and these Terms of Use, you may do so by closing your account and ending use of our Platform and Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination. In the event of termination of your agreement with these Terms of Use we will remove you from the Platform and delete your profile.

Relationship Between the Parties

The relationship of the parties, inter se, shall be governed by these Terms of Use and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them.

Force Majeure

If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms of Use, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms of Use, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

Importation of Words

Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference

The headings to the paragraphs in these Terms of Use are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Severability

Each sentence, paragraph, term, clause and provision of these Terms of Use and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision

No term or condition of these Terms of Use is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the “Severability” provisions above.

Product Annex: Electronic Fingerprint Criminal Checks and Identity Verifications

Use and Applicable Terms

This Product Annex must be read together with, and forms part of, the master HURU Terms of Use available above. Such Terms of Use apply to this Product Annex and the Services set out below. Unless otherwise indicated by the context, words or expressions defined or given a meaning in the body of the Terms of Use will have the same meaning when used in this Product Annex.

Last updated:06/10/2025

Relevant Services

This Product Annex contains additional terms and conditions in relation to the following Service(s):

Electronic fingerprint criminal checks and electronic fingerprint identity verifications, using an online portal through our Platform.

By making use of any such Services, you agree and acknowledge that you have read, understand and are bound by this Product Annex (together with the main body of the Terms of Use). You cannot make use of such Services if you do not accept this Product Annex and the Terms of Use. We will assume you have read, understood and agreed to this Product Annex and the Terms of Use if you continue to access or make use of such Services.

Service Description

HURU is an authorised reseller and provider of these Services, which HURU has access to as an authorised reseller of Afiswitch (Pty) Ltd (“Afiswitch”) on a commercial basis through the South African Police Service (“SAPS”) infrastructure as well as the Department of Home Affairs (“HANIS”) system put in place for this purpose, subject to its reseller obligations and SAPS’ and HANIS’ requirements from time to time.

HURU obtains certain findings during the course of performing the Services, which includes, without limitation, a detailed summary of a Candidate’s criminal record (including, without limitation, information regarding the Candidate’s criminal history, previous convictions, cases awaiting trial and/or any other relevant information such as is ordinarily furnished by the Criminal Record Centre of the SAPS) (“the Findings”).

Best-Effort Service Level

The Service is provided on a best-effort basis and does not carry a guaranteed service level. Availability and performance are dependent on the uptime of third-party providers, and as such, we cannot warrant or guarantee uninterrupted service.

Standard Criminal Record Check: within 48 hours

Premium Criminal Record Check: within 5 hours

Priority Criminal Record Check: within 2 hours

Identity Verification: Real-Time

Timeframes for delivery of this Service will always be subject to the availability of the SAPS system as well as the systems of our service providers and may take longer than the times indicated above.

Fees

The Customer shall be responsible for the payment of all fees for these Services.

Consents and Refunds

HURU provides Users with a comprehensive list of User consents and authorisations in respect of their Personal Information as contained in our Privacy Policy (discussed further below).

If a Candidate has a Regular Consent setting on their User profile (see Privacy Policy) and submits an Abuse Notice to HURU after receiving a Check Submission Notice, then the Customer remains liable for the fee as they essentially instructed HURU to perform the Services without the Candidate’s knowledge, where a Customer is required to notify a Candidate if they are running such electronic fingerprint criminal checks and electronic fingerprint identity verifications using the Services (unless, after an investigation, HURU reasonably determines that such Abuse Notice was wrongfully submitted by the Candidate).

If a Candidate has a Restricted Consent setting on their User profile (see Privacy Policy) and submits an Abuse Notice to HURU after receiving a Check Request Notice, then the fee the Customer has already paid (if applicable) will be credited to their account (unless, after an investigation, HURU reasonably determines that such Abuse Notice was wrongfully submitted by the Candidate).

Disclaimers and Purposes for Which a HURU CRC May be Used

The HURU Criminal Record Check (CRC) is conducted by Afiswitch, who holds the exclusive right to perform fingerprint clearances on behalf of SAPS using the SAPS fingerprint database. It is important to note that a HURU CRC is not the same as a police clearance certificate and is only used to verify an applicant’s previous conviction and/or pending trial status.

A HURU CRC can be utilised for a variety of purposes including:

  • Pre- or post-employment screening;
  • Applications for SACE, NCR, or SAIT; and/or
  • Ride-hailing companies that have approved the HURU CRC.

Please note that a HURU CRC CANNOT be used for the following purposes:

  • Professional Driving Permit (PrDP) applications;
  • Applications for registration with the Private Security Industry Regulatory Authority (PSiRA);
  • Firearm clearance; and/or
  • Visa applications (including for Visa Facilitation Services Global (VFS Global)).

It is the responsibility of the individual requesting and paying for a HURU CRC to determine if the report provided by HURU is suitable for their specific needs. HURU and its partners will not be held responsible for any issues arising from an individual procuring our Service without first determining if the HURU report will be accepted. In cases where the HURU report is not accepted, HURU and its partners will not provide a refund.

Each User acknowledges and agrees that HURU does not make any representation as to the accuracy or correctness of any information transmitted to or made available to it in respect of each Candidate as contained on any SAPS system.

Additional Indemnity and Consent Form

As a condition to providing this Service, we may require that each relevant User first completes and submits to us a written (whether physical or electronic) consent and indemnity form in such form as we may require from time to time in favour of us and/or our service providers (including, without limitation, Afiswitch) together with any other documents we may reasonably require (including, without limitation, copies of ID documents etc.)

Liability

Where a Candidate has elected the Regular Consent option in their User profile (see the Privacy Policy), the Services will proceed immediately when the Customer requests it. The Candidate hereby indemnifies and hold harmless HURU and Afiswitch and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, in full, for, from and against any consequences should the Candidate submit an Abuse Notice after having received a Check Submission Notice or fail to submit an Abuse Notice after having received a Check Submission Notice, including the consequences flowing from the use of the personal information and Findings given to the Customer and any claims which a Customer or Candidate may have as a result thereof on any grounds whatsoever, including but not limited to any and all loss, damage, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and any other professional costs) suffered or incurred by the Candidate or Customer, whether directly or indirectly, out of or in connection therewith.

Where a Candidate has elected the Restricted Consent option in their User profile (see the Privacy Policy), if for any reason a Candidate: 1) submits an Abuse Notice, 2) fails to submit an Abuse Notice or 3) ignores the Check Request Notice in terms of the Consent and Authorisation provisions in the Privacy Policy, where after 48 hours and after failing to receive any response from the Candidate, HURU proceeds to render the Services on the basis of the Candidate’s deemed consent; the Candidate hereby indemnifies and holds harmless HURU and Afiswitch and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, in full, for, from and against any consequences thereof, including the consequences flowing from the use of the personal information and Findings given to the Customer and any claims which a Customer or Candidate may have as a result thereof on any grounds whatsoever, including but not limited to any and all loss, damage, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and any other professional costs) suffered or incurred by the Candidate or Customer, whether directly or indirectly, out of or in connection therewith.

For the avoidance of doubt, the User hereby specifically acknowledges and agrees that all indemnities given by it and limitations of liability agreed to by it under the heading “Liability” in the master HURU Terms of Use shall apply and be given by it in favour of Afiswitch as well (mutatis mutandis).

Product Annex: 4 Bureau Credit Report by Kudough

Use and Applicable Terms

This Product Annex must be read together with, and forms part of, the master HURU Terms of Use available above. Such Terms of Use apply to this Product Annex and the Services set out below. Unless otherwise indicated by the context, words or expressions defined or given a meaning in the body of the Terms of Use will have the same meaning when used in this Product Annex.

Last updated: 06/10/2025

Relevant Services

This Product Annex contains additional terms and conditions in relation to the following Service(s):

The provision of a “4 Bureau Credit Report” ordered through the Platform and other services specified herein by Kudough Credit Solutions (Pty) Ltd (“Kudough”), a registered credit bureau.

Kudough is registered with the National Credit Regulator as a Reseller Credit Bureau (registration number NCRCB29).

By making use of any such Services, you agree and acknowledge that you have read, understand and are bound by this Product Annex (together with the main body of the Terms of Use). You cannot make use of such Services if you do not accept this Product Annex and the Terms of Use. We will assume you have read, understood and agreed to this Product Annex and the Terms of Use if you continue to access or make use of such Services.

Service Description

Kudough provides the following Services to Users who have requested such Services:

  • Delivery of a 4 Bureau Credit Report, securely via electronic means to the relevant User;
  • Delivery of a welcome email and SMS containing a URL and login credentials to the Kudough Financial Wellness Platform, to all new Users;
  • Provision of telephonic support to all Users through a dedicated line; and
  • Provision of educational content to Users, in the form of articles and mailers. By agreeing to receive this Service, you consent to receiving such communication as well as WhatsApp messages from Kudough unless you specifically opt out.

Best-Effort Service Level

Delivery of a 4 Bureau Credit Report typically takes around 15 minutes from submission. The Service is provided on a best-effort basis and does not carry a guaranteed service level or turnaround time. Availability, timeframes and performance are dependent on the uptime and availability of third-party providers, and as such, we cannot warrant or guarantee uninterrupted service and this Service and may take longer than the time indicated above.

Fees

The Customer shall be responsible for the payment of all fees for these Services.

Disclaimer

Each User acknowledges and agrees that HURU does not make any representation as to the accuracy or correctness of any information transmitted to or made available to it as contained in any of these Services.

While Kudough takes all reasonable steps possible to ensure that the data will be error free, accurate, complete, reliable, up to date and secure, neither HURU nor Kudough nor any contacted credit bureau warrant that the Services, database or the data: (i) will be error free; (ii) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (iii) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of any computer, data or network.

HURU will not process, receive, compile, maintain or issue reports or have access to any consumer credit information of Users. HURU is not a registered credit bureau. These credit bureau Services are rendered by Kudough.

Product Annex: Reseller Terms

Use and Applicable Terms

This Product Annex must be read together with, and forms part of, the master HURU Terms of Use available above. Such Terms of Use apply to this Product Annex and the Services set out below. Unless otherwise indicated by the context, words or expressions defined or given a meaning in the body of the Terms of Use will have the same meaning when used in this Product Annex.

Last updated: 06/10/2025

Relevant Services

This Product Annex contains additional terms and conditions in relation to the following Service(s):

Any reseller, distributor, agent or other third party intermediary (“Reseller”) who makes any HURU Services (as contemplated in the Product Annex: Electronic Fingerprint Criminal Checks and Identity Verifications) available for onward supply or resale.

By making use of any such Services, you agree and acknowledge that you have read, understand and are bound by this Product Annex (together with the main body of the Terms of Use). You cannot make use of such Services if you do not accept this Product Annex and the Terms of Use. We will assume you have read, understood and agreed to this Product Annex and the Terms of Use if you continue to access or make use of such Services.

These Terms of Use and this Product Annex must also be read with the end user license agreement (“EULA”) in respect of any software installed by HURU on any Reseller hardware and/or on any hardware provided by HURU, which serves to supplement HURU’s agreement with the Reseller. If there is any inconsistency or contradiction between the terms, conditions and/or policies as contained in such EULA and these Terms of Use, then the terms, conditions and/or policies of the EULA shall prevail to the extent necessary. The Reseller hereby expressly acknowledges and agrees that it is aware of the EULA terms and consents thereto.

For the avoidance of doubt, all terms of the master Terms of Use (including, without limitation, all indemnities given in favour of HURU or any other party) shall apply in respect of and are hereby given by each Reseller.

For the avoidance of doubt, no person may resell, distribute or in any way make available for onward supply any HURU Services without HURU’s express written consent.

Service Description

HURU is an authorised reseller and provider of these Services, which HURU has access to as an authorised reseller of Afiswitch (Pty) Ltd (“Afiswitch”) on a commercial basis through the South African Police Service (“SAPS”) infrastructure as well as the Department of Home Affairs (“HANIS”) system put in place for this purpose, subject to its reseller obligations and SAPS’ and HANIS’ requirements from time to time.

HURU obtains certain findings during the course of performing the Services, which includes, without limitation, a detailed summary of a Candidate’s criminal record (including, without limitation, information regarding the Candidate’s criminal history, previous convictions, cases awaiting trial and/or any other relevant information such as is ordinarily furnished by the Criminal Record Centre of the SAPS) (“the Findings”).

Best-Effort Service Level

This Service is provided on a best-effort basis and does not carry a guaranteed service level. Availability and performance are dependent on the uptime of third-party providers, and as such, we cannot warrant or guarantee uninterrupted service.

Standard Criminal Record Check: within 48 hours

Premium Criminal Record Check: within 5 hours

Priority Criminal Record Check: within 2 hours

Identity Verification: Real-Time

Timeframes for delivery of this Service will always be subject to the availability of the SAPS system as well as the systems of our service providers and may take longer than the times indicated above.

Fees

The Customer shall be responsible for the payment of all fees for these Services.

Disclaimer

Each Reseller acknowledges and agrees that HURU does not make any representation as to the accuracy or correctness of any information transmitted to or made available to it as contained in any of these Services.

Without limitation to the foregoing or anything else herein or in the master Terms of Use, the Reseller hereby indemnifies HURU and Afiswitch: (i) for any liability incurred to third parties for any use by any person of any Afiswitch work station otherwise than in accordance with HURU’s express instructions and these Terms of Use; and (ii) for any claim of whatsoever nature in respect of any information supplied by HURU and/or Afiswitch to the Reseller.

Terms & Conditions History