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: 31/07/2026

Use & Applicable Terms

These Terms of Use govern your (“the User”) use of the HURU Services and website located at the domain name: www.HURU.co.za and any other electronic platform through which we may provide our Services from time to time (collectively “the Platform”), including any downloaded or streamed content and to any correspondence by email, text message, instant message or any other means exchanged between HURU and the User.

These Terms of Use must be read with any applicable annexure (each a “Product Annex”) that contains additional terms and conditions in relation to any particular product or service offering of HURU (our “Services”). Each Product Annex forms part of these Terms of Use to the extent that they relate to any of our Services used by you. All Product Annexes are available below. Unless otherwise indicated by the context, words or expressions defined or given a meaning in the body of these Terms of Use will have the same meaning when used in any Product Annex. If there is any inconsistency or contradiction between the terms, conditions and/or policies as contained in any Product Annex and the body of these Terms of Use itself, then the terms, conditions and/or policies of the relevant Product Annexure shall prevail to the extent necessary.

A User shall include (without limitation) casual surfers or users visiting the Platform as well as Customers and Candidates. A “Customer” is a User who contracts to purchase and/or use any of HURU’s Services as described on the Platform, from time to time, or with whom HURU has concluded a separate contract to render any Services. A “Candidate” is a User who uses the Platform on the basis of their relationship or contract with a Customer. For the avoidance of doubt, a Candidate may be a direct Customer of HURU as well.

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

By accessing, browsing or using the Platform (including downloading or streaming from the HURU website), by making use of any of our Services and/or communicating with HURU by electronic means, you agree and acknowledge that you have read, understand and are bound by these Terms of Use (including any relevant Product Annex(es)). You cannot browse or use our Platform or make use of our Services if you do not accept these Terms of Use. All rights in and to the content of the Platform always remain expressly reserved by HURU. We will assume you have read, understood and agreed to these Terms of Use if you continue to access or make use of our Platform and/or Services.

Please pay specific attention to the BOLD provisions of these Terms of Use. These provisions limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

HURU reserves the right to update these Terms of Use, from time to time (including any Product Annex). 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 your acceptance of such changes.

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

If, however, the User would like to share the Platform and the Services offered with others in their community or network then the User may freely share the relevant link of the HURU website 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 belonging to HURU 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, site contents or design or any other parts of our Platform;

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

The User’s website or platform 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 links to the HURU website or Platform available.

The User agrees to only use the Platform and the Services in a manner that complies with all applicable laws and regulations in the Republic of South Africa and 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 Platform (including, without limitation, by hacking).

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

To join the Platform and/or make use of certain of the Services, we require you to create a profile with us. We ask you to provide us with all the requested information in the on-boarding process.

When signing up to and/or making use of our Platform or Services you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address or cell phone number to grant you access to your profile and information. Please update your information yourself through your profile or contact us to view or change your personal information provided.

Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.

Our website and Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary. We do not guarantee that the website, Platform, or any portion thereof, will function on any particular hardware or device.

Services, Fees and Refund Policy

Services Offered

All Services offered by HURU are set out in the relevant Product Annexes available below.

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.

Fees

Fees for the Services are as advertised and disclosed on our Platform from time to time or as set out in any relevant Product Annex from time to time. Fees must be paid upfront which payment serves 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. Without in any way limiting the generality of the foregoing and HURU’s right to adjust its Fees from time to time, the parties specifically record and agree that HURU may and shall have be entitled to, in its sole discretion and with immediate effect, adjust any applicable Fees where such adjustments are as a result of increases imposed by any third party service providers. HURU shall update the Fees on its Platform (where applicable) and in any relevant Product Annex as soon as reasonably possible. HURU shall also notify Customers in writing of any adjustments to the applicable Fees.

All fees are payable through our approved online payment gateway as indicated on our Platform.

Unless expressly otherwise stated, all fees are exclusive of Value-Added Tax (VAT).

Cooling Off Period and Refunds Policy

Unless otherwise provided in any relevant Product Annex in relation to the relevant Services, a 30 (thirty) day ‘cooling off’ period will apply, where a Customer shall be entitled to be refunded in full for the fees paid for the Services required, on condition that the Customer has not yet furnished HURU with all the necessary information to provide the Services 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: legal@huru.co.za. Such a refund shall be made within 30 (thirty) days of receipt. HURU will not refund any fees paid after this 30 (thirty) day ‘cooling off’ period.

If for any reason, on good cause shown, a Customer, acting in good faith, is dissatisfied with the Services contracted for and rendered, then upon receipt of a written notice to HURU by email to: legal@huru.co.za, HURU may, in its sole discretion, within 30 (thirty) days of receipt thereof, repay the fees less any direct expenses incurred (which expenses will include, without limitation, any fees and/or capture costs paid or payable to any suppliers or service providers), no questions asked.

The refunds contemplated 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.

Intellectual Property

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

The User acknowledges that all copyright, trademarks and other intellectual property rights belonging to HURU and/or contained in the Platform and all photographs, designs, images, text, software, data, audio, video, files and other material in the Platform or material generated by or transmitted from the Platform are solely owned by HURU (or licensed to HURU by an authorised party).

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 any other device used to browse and use the Platform or our Services), which may result, amongst other causes, 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 or from any other cause whatsoever.

HURU has the right, but not the obligation, to monitor any activity and content associated with the 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 Platform).

Third Party Payment Providers

HURU takes all reasonable precautions to secure payments made to Customers using EFTs (electronic funds transfers) as well as payments made by Customers using the approved online payment gateway on our Platform.

HURU does not directly process any online payments and transactions and doesn’t store any of the Customer’s bank card information. All payment transactions (whether from bank accounts or bank cards) are processed using our approved online payment gateway and its service providers and their plugins, using 3D secured, certified, verified and enabled payment gateways. We implement the latest and strongest industry-standard encryption technologies to secure all payment transactions processed through our systems. Furthermore, we maintain full compliance with the Payment Card Industry Data Security Standard (PCI DSS) and ensure that our payment provider and related infrastructure adhere to all applicable PCI DSS requirements.

The servers of such online payment gateway service provider are protected by firewalls and intrusion detection systems. Such online payment gateway service provider registration documents and site registered domain names are checked and verified by our Platform’s security service provider, ensuring the Customer and HURU that nobody can impersonate the online payment gateway service provider to obtain confidential information. Such online payment gateway service provider continually reviews and enhances 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 as well as to the general use of the Platform and the Services rendered.

The Privacy Policy forms part of these 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 Platform. 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 legal@huru.co.za.

User Warranties

By using the Platform and/or our Services, you warrant that:

you have read and agreed to these Terms of Use and will use the Platform and Services in accordance with them;

you have not made any misrepresentations and the information provided in the registration process and/or during the use of the Platform/Services about you, your company and/or your status is true, accurate and complete in every aspect;

you are above the age of 18 years old and have the legal capacity to understand, agree with and be bound with these Terms of Use. For the avoidance of doubt, we do not provide our Services to any person under the age of 18. We do not process the data of minors. Do not provide us with any such personal data, as it will constitute an immediate and automatic material breach of these Terms of Use and our Privacy Policy;

you lawfully possess and submit all information to HURU for the use of the Platform and the Services and hereby indemnify HURU against any third-party claims that may arise due to the processing of the information shared by you with HURU;

where you use our Services on behalf of your company or organisation, you warrant that you have the authority and consent to sign-up to our Platform/Services and share personal information with us and indemnify HURU against any third-party claims that may arise in respect the sharing of personal information;

you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any User in any way from properly using the Platform or our Services;

you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform/Services including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;

you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;

you will not use the Platform/Services for any commercial purpose other than as expressly provided for by HURU herein;

you will not use the Platform/Services to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms of Use, allowing HURU to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

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.

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 Background Check: within 48 hours

Premium Criminal Background Check: within 5 hours

Priority Criminal Background 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 CBC May be Used

The HURU Criminal Background Check (CBC) 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 CBC 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 CBC 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 CBC.

Please note that a HURU CBC 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 CBC 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

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 NCBCB29).

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: HURU Car Check

Use and Applicable Terms

Relevant Services

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

Vehicle History Report (HURU Car Check)

Service Description

HURU procures vehicle data services through a Third Party Supplier on a commercial basis.

HURU delivers the following data Services to Users who have requested such Services in accordance with this Product Annex (“the Findings”) (in each case where such information is available):

Vehicle confirmation information (such as VIN and license plate number match, manufacturer, model, variant, engine number, colour, and year of manufacture/registration).
Potential indication of mileage over time (where available).
Financial Interest (indication if the vehicle is currently under finance with an authorised Financial Services Provider).
Police Interest (indication if the vehicle has been reported stolen).
Accident Claims (indication if recorded through an official insurance claim, including accident date, capture date, model, mileage and damage).
Microdot verification (the Microdot Enhanced Security Application is a vehicle marking system which supports the identification of vehicles and vehicle parts. Information is based on microdot data present at the time of enquiry).
Valuation (including indication of new list price, retail price and trade price).
Generic Specification Data (vehicle dependent).

Best-Effort Service Level

HURU Car Check Voucher Generation: With 10 minutes

HURU Car Check: With 30 minutes

Timeframes for delivery of this Service will always be subject to the availability of data sources 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.

Voucher Use and Terms

In order to make use of this Service, a User must purchase a voucher from one of our approved Retail Partners. The following terms apply to such vouchers:

After purchase, the voucher will be delivered by WhatsApp to the User’s selected WhatsApp number/account. The User is solely responsible for obtaining such account and for providing accurate details thereof.
This voucher is a prepaid value voucher to the Rand value reflected on the voucher. It is valid for 3 years from the date of purchase only, unless its full value is redeemed earlier. After such period the voucher will expire and may not be used. No refund will be applicable if a voucher has expired.
The voucher may be redeemed against the HURU Car Check service only. It may be redeemed at the prevailing retail price applicable on the date of redemption. If the prevailing retail price exceeds the remaining voucher value, the User must pay the difference before the service will be processed. If the voucher value exceeds the prevailing retail price, the remaining balance will remain available for use through the voucher against the HURU Car Check service until the voucher expires or is fully redeemed. The User specifically acknowledges that HURU is entitled to adjust its fees from time to time in its discretion and the User understands that such fees may increase prior to redemption of any voucher purchased.
The voucher is not exchangeable for cash, except where required by law. Once the voucher has been redeemed and the full voucher value has been applied against the service, the voucher will be regarded as fully used.
If the HURU Car Check service is temporarily unavailable, HURU will take reasonable steps to notify affected customers and the voucher will remain valid for redemption once the service resumes. HURU may, in its discretion, extend the validity period of the voucher to account for the period during which the service was unavailable.
If the HURU Car Check service is permanently discontinued before the voucher has been fully redeemed, and provided that the voucher has not expired:
- HURU may (but shall not be obliged to) offer the User a comparable replacement service or credit toward another HURU service.
- If no comparable replacement service or credit is available or accepted, HURU will refund the unredeemed voucher value upon request at the retail partner outlet from which it was purchased or in such other manner as HURU may approve in writing where such method is not reasonably available.
The voucher may be used following the instructions received on WhatsApp.
The User must provide the following required data in respect of the relevant vehicle when using the voucher:
- VIN/chassis number (e.g. AFA00000000000000); and
- License plate number (e.g. CA123456 or ABC123GP)
The User is solely responsible for entering and submitting the correct data. Submitting incorrect data may result in errors or Findings in respect of an incorrect vehicle. Neither HURU nor HURU’s Third Party Supplier will be liable for any such error and no refund will be applicable where the User has entered incorrect data.
The Findings will be delivered to the User’s same WhatsApp number/account in PDF format.
By requesting this Service, you confirm that you have a lawful and legitimate reason to request and receive the report in respect of the relevant vehicle, that the vehicle information you provide is accurate to the best of your knowledge, and that you will not request or use the report for any unlawful, fraudulent, misleading, harassing or discriminatory purpose. We may refuse, suspend or cancel a request where we reasonably suspect misuse or unlawful activity.

Cancellation Terms

If payment is confirmed but the voucher has not been delivered, the User may request cancellation via the retail partner or HURU support. If it can be processed in time, the transaction will be reversed and no voucher will be issued.
Vouchers may be refunded within 30 calendar days after purchase, provided that the voucher has not been fully redeemed and that the refund is requested at the retail partner outlet from which it was purchased (or in such other manner as HURU may approve in writing where such method is not reasonably available). Except where required by any applicable law, after such 30 calendar day period, vouchers are non-refundable once delivered (including for change of mind or if the voucher expires unused).
No refund will be provided if the User enters incorrect WhatsApp or vehicle details, as the User is responsible for input accuracy.
Once a voucher is used (in whole or part) or a request is submitted to the supplier/data sources, the service cannot be cancelled. Any refund, reissue or credit is at HURU’s sole discretion on a case by case basis, subject to applicable law.
If the report is materially defective due to a technical issue, the User must notify HURU within 7 days of delivery. If verified, HURU will re-deliver or re-run the report where feasible. If not reasonably possible, HURU may provide a replacement voucher or a partial refund, subject to applicable law.
No refund is payable solely because the User disputes or is unhappy with third-party data or the report outcome (including as a result of data-source limitations). HURU may refer the issue to the supplier for review where appropriate.
Approved refunds will be processed to the original payment method where possible (or otherwise as determined by HURU or our retail partner) and may require proof of purchase of the voucher and its unredeemed value. The User specifically acknowledges that refund methods and processes will depend on the specific retail partner’s relevant processes. HURU may refuse refunds where fraud or abuse is suspected. Nothing in this policy limits any non-excludable rights under applicable law.
To the extent this Product Annex sets out voucher-specific cancellation/refund terms, those terms apply to this Service instead of the general cooling-off/refund terms in the master HURU Terms of Use.

Third-Party Supplier Terms

The User acknowledges that HURU procures the Services (and/or certain components of the Services, including the Findings) from a Third-Party Supplier and that the Third-Party Supplier’s terms and conditions (as amended from time to time) apply to, and may govern, the User’s access to and use of the Services and/or any report or other output forming part of the Findings.

Disclaimer

While HURU and our Third-Party Supplier 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 our Third-Party Supplier nor any downstream service provider warrant that the Services, data sources 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.

Without limitation to the foregoing, the Services and the Findings (including any report, data, valuation, verification, confirmation or other output) are provided on an “as is” and “as available” basis for general information purposes only, and do not constitute advice, a recommendation, an endorsement, a warranty or a guarantee that any vehicle is fit for purpose, roadworthy, defect-free, legally compliant, accurately described, or suitable for purchase. Each User remains solely responsible for (and must independently verify) the condition, ownership, history, legal status and suitability of any vehicle and for any decision to purchase, finance, insure, use or dispose of any vehicle. To the maximum extent permitted by law, neither HURU nor our Third Party Supplier (nor any downstream data source or service provider) shall be liable for, and the User hereby waives any claim against them arising from or in connection with: any inaccuracy, error, omission, delay, unavailability or incompleteness in the Services or Findings; any reliance placed on the Services or Findings; any decision to purchase (or not purchase) a vehicle based on the Services or Findings; or any loss, damage, cost or expense of any nature suffered by the User or any third party as a result thereof (including any direct, indirect, consequential or economic loss). Any complaints, disputes or claims relating to the vehicle itself (including defects, misrepresentation, non-disclosure, roadworthiness, title/ownership, financing or compliance) must be directed to the relevant vehicle seller, dealership, previous owner, financier, insurer or other applicable supplier or third party, and not to HURU or our Third Party Supplier or any of their downstream suppliers. Without in any way limiting the foregoing, Users are encouraged to submit any issues experienced to HURU to review, assist where possible (in our discretion) and to improve our Services.

Liability