Terms & Conditions

Use

These Terms of Use govern your (“the User”) use of the HURU website located at the domain name: www.HURU.co.za and the HURU app downloaded via your chosen authorised App Store: on iOS in the Apple App Store and on Android in the Google Play Store (“the Online Platform”), including any downloaded or streamed content and to any correspondence by email, text message, instant message or any other electronic means exchanged between HURU and the User.

The Terms of Use must be read with the end user license agreement (“EULA”) from the relevant App Store from where the User downloaded the HURU app, which serves to supplement HURU’s agreement with the User. If there is any inconsistency or contradiction between the terms, conditions and policies as contained in such an EULA and these Terms of Use, then the terms, conditions and policies of the EULA shall prevail to the extent necessary.

A User of the Online Platform shall include casual surfers or users of the HURU website or HURU app as well as Customers and Candidates. The meaning and definition of a Customer is someone who contracts to purchase and use HURU’s Services as described on the HURU website or app, from time to time, or with whom HURU has concluded a separate contract to render HURU’s Services. The meaning and definition of a Candidate is someone who uses the Online Platform on the basis of their relationship or contract with a Customer or who is also a direct Customer of HURU.

All sections of these Terms of Use are applicable to Users, Customers and Candidates unless the section expressly states or the context indicates otherwise.

By browsing or using the Online Platform (including downloading or streaming from the HURU website or app) and/or the Services offered or communicating with HURU by electronic means, the User agrees to be bound by the Terms of Use set out in this legal notice and agreement. You cannot browse or use our Online Platform if you do not accept our Terms of Use.

HURU reserves the right to update these Terms of Use, from time to time. The User’s continued browsing or using of the Online Platform and/or the Services or communicating with HURU by electronic means, shall be accepted as confirmation of your acceptance of such changes.

The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Online Platform for their own financial gain.

If, however, the User would like to share the Online Platform and the Services offered with others in their community or network then the User may freely share the link of the HURU website or app with others by any electronic means or by posting such link on the User’s own website or other online platform, subject to the following conditions:

The User may not use a graphic image or image related text unless they have the written permission of HURU to that effect. HURU reserves all its rights in the graphic image and text, any other images, our trademarks, copyrights and all other intellectual property rights;

The User may not replicate HURU’s website, app, site contents, app contents or design;

The User may not remove, distort or otherwise alter the size or appearance of any logos on HURU’s website or app;

The User’s website or app may not contain content that is inappropriate, distasteful, pornographic, hateful, discriminatory or that infringes any intellectual property rights, rights to privacy or other rights of any other person or otherwise does not comply with all applicable laws and regulations in the Republic of South Africa or any other applicable jurisdiction; and,

At any time and at our sole and absolute discretion, HURU reserves the right to withdraw the permission given to the User to make website or app links to the HURU website or app.

The User agrees to only use the Online Platform in a manner that complies with all applicable laws and regulations in the Republic of South Africa or any other applicable jurisdiction and is consistent with the Terms of Use and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the Online Platform (including, without limitation, by hacking).

HURU reserves the right in our sole and absolute discretion to deny any User access to the Online Platform or any part of it without prior notice.

Services, Fees and Refund Policy

Services Offered

HURU offers electronic fingerprint criminal checks and electronic fingerprint identity verifications, using an online portal and service contained on the HURU app and website (“the Services”).

HURU is an authorised reseller and provider of such services, which HURU has access to as an authorised reseller of Afiswitch (Pty) Ltd 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”].

Consents and Authorisations

HURU shall provide Users with a comprehensive list of User consents and authorisations in respect of their Personal Information as contained in the Privacy Policy.

Fees

Fees for the Services are as advertised and disclosed on the HURU website or app from time to time, alternatively directly with the Customers on different fee arrangements. Fees are paid for upfront which serve to confirm the User as a Customer contracting with HURU for the chosen Services or as a Candidate contracting with a Customer for the chosen Services or directly with HURU.

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.

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.

Cooling Off Period and Refunds Policy

A thirty day ‘cooling off’ period will apply, where a Customer shall be refunded in full for the fees paid for the Services required, on condition that the Customer has not furnished HURU with all the necessary information and/or instructed or deemed to have instructed HURU to proceed with the rendering of the Services (where HURU has already so proceeded), upon a written request sent to HURU by email to: support@HURU.co.za. Such a refund shall be made within thirty days of receipt of such a request. HURU will not refund any fees paid after this thirty day period.

If for any reason, on good cause shown, a Customer is dissatisfied with the Services contracted for and rendered, then upon receipt of a written notice to HURU by email to: support@HURU.co.za, HURU shall within thirty days of receipt thereof, repay the fees less any direct expenses incurred (such as Afiswitch fees and capture costs), no questions asked.

The refunds contemplated in 2.6 and 2.7 above, shall be credited to the Customer’s account, alternatively be paid by electronic funds transfer (EFT) into the Customer’s bank account, the details of which shall be furnished to HURU in writing.

Copyrights, Trademarks and other Intellectual Property Rights

The HURU logo is an artistic work protected by copyright. HURU has filed various trademark applications to strengthen its protection of this artistic work and obtained provisional trade mark protection and shall continue to take legal steps to further secure and protect its rights hereto (including final trade mark protection), as and when deemed necessary.

HURU has filed trade mark applications in various classes for the word ‘HURU’ and obtained provisional trade mark protection and shall continue to take legal steps to further secure and protect its rights hereto (including final trade mark protection), as and when necessary.

The User may not use any of HURU’s trademarks in any way whatsoever without HURU’s express prior written permission, and then only in ways agreed to in writing.

The User acknowledges that all copyright, trademarks and other intellectual property rights in the Online Platform and all photographs, designs, images, text, software, data, audio, video, files and other material in the Online Platform or material generated by or transmitted from the Online Platform (“HURU Material”) are owned by HURU.

Any rights not expressly granted in these Terms of Use are reserved.

Security Policy

Electronic Devices and Monitoring of Activity

HURU cannot be held responsible for security breaches occurring on the User’s electronic device (personal computer, notebook, tablet, smartphone or other electronic device used to browse and use the Online Platform), which may result due to the lack of adequate virus or malware software protection or spyware that the User may inadvertently have installed on his/her device or the like.

HURU has the right, but not the obligation, to monitor any activity and content associated with the Online Platform. We may investigate any reported violation of the Terms of Use or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to a User’s access and/or removing any materials from the Online Platform).

Payments

HURU undertakes that it has taken all reasonable precautions to secure payments made to Customers using EFT’s (electronic funds transfers).

HURU undertakes that it has taken all reasonable precautions to secure payments made by Customers using the online payment gateway on the Online Platform.

HURU does not directly process any online payments and transactions and doesn’t store any of the Customer’s bank card or bank account information.

All payment transactions (whether from bank accounts or bank cards) are processed by SagePay (www.sagepay.co.za) and its online payment gateway service providers and their plugins, using a 3D secured, certified, verified and enabled payment gateways. SagePay and its online payment gateway service providers protect the security of information during transmission by using 128 bit Secure Socket Layer 3 (“SSL3”) software, which encrypts information supplied by the Customer. Encryption complies with international standards and is continually updated and improved on, in line with technological advancements.

The servers of SagePay and its online payment gateway service providers are protected by firewalls and intrusion detection systems. SagePay and its online payment gateway service providers’ registration documents and site registered domain names are checked and verified by our Online Platform’s security service provider, ensuring the Customer and HURU that nobody can impersonate SagePay and its online payment gateway service providers to obtain confidential information. SagePay and its online payment gateway service providers continually review and enhance its security in line with technological changes and advancements.

The merchant outlet country at the time of presenting payment options to the bank cardholder or bank account is South Africa. Transaction currency is South African Rand (ZAR).

Privacy Policy

HURU is committed to respecting and protecting the User’s privacy. You are referred to the separate Privacy Policy which applies to all the pages related to the HURU website and app as well as to the general use of the Online Platform and the Services rendered.

The Privacy Policy constitutes part of this agreement on the Terms of Use.

Changes to Privacy Policy

HURU may need to change its Privacy Policy from time to time in order to address new policy issues, law changes and/or reflect changes on our website or app. We will post those changes in our separate comprehensive Privacy Policy so that Users will always know what information HURU gathers, how we might access, use, retain, store, transfer or destroy that information and whether we will disclose that information to anyone. Please refer back to this Privacy Policy regularly.

If you have any questions or concerns about our Privacy Policy or any changes thereto, please send us an email to support@HURU.co.za.

General

Choice of Law and Dispute Resolution

The de minimus non curat lex legal principle will apply, i.e. “the law does not concern itself with trivialities”.

Any disputes between the 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 an arbitrator or arbitrators appointed by AFSA. There shall be no right of appeal as provided in article 22 of AFSA’s rules. The arbitration shall take place in Johannesburg.

The Parties consent to any arbitration being conducted as a matter of urgency and authorise any Party to apply to AFSA in terms article 23(1) of AFSA’s rules 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, subject to any final orders, determinations and/or awards being made by arbitration as contemplated in 6.1.2 and 6.1.3 above.

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, with directors: Daniel Shefer, Adrian Albrecht and Ryan Berelowitz.

HURU’s chosen domicilium citandi et executandi for the service of all legal documents is: 2 Sandton Drive, Sandton, Johannesburg, South Africa, 2196.

All communication and notices can be sent to: support@HURU.co.za. HURU’s telephone number is: 010 593 4491.

Waiver

If the User breaches the 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.

Disclaimer

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

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

The User may not access the Online Platform from countries where its contents are illegal or unlawful. If you do access the website or app 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 by law for fraud, death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.

The User agrees that HURU will not be liable for:

Any loss, disruption or damage to their Personal Information, computer 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 Online Platform (including downloading or streaming from the website or app), their content, any information on or from the website, app or any link to another website or app, the Services rendered, the Findings and whether such loss or damage arises in contract, delict (including negligence) or otherwise. HURU cannot assume any such obligations or responsibility.

The User 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 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 and the use, storage, transfer and destruction of the Personal Information and/or any errors or omissions contained therein, irrespective of whether such errors or omissions occur as a result of HURU or Afiswitch’s and/or their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors negligent acts or omissions;

6.5.3.1 In particular the User acknowledges and agrees that HURU and Afiswitch 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, 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 Afiswitch 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 Afiswitch 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.

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.

Severability

If any one or more of the provisions of the Terms of Use is held to be invalid, illegal or unenforceable in any respect by an arbitration forum or court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

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, from time to time.

Changes to these Terms of Use will become effective upon such changes being posted to the Online Platform.

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

The User’s continued browsing or using of the Online 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 HURU’s Online Platform on an on going basis if they do not accept the changes or updates to the Terms of Use.