1.1These terms and conditions should be read in conjunction with
the Thrutainers General Trading Conditions which also apply to your use of this
site.If there is a conflict between these
conditions and the Thrutainers General Trading Conditions, then the Thrutainers
General Trading Conditions shall prevail.
1.2 The Services provided on this website (the Service/s) may only
be used on completion and acceptance of the requisite application forms,
questionnaires, mandates and other documentation provided or specified by Thrutainers
International (“Thrutainers”) from time to time.
1.3Thrutainers shall not be bound in any manner until such
requisite documentation has been completed by you and accepted by Thrutainers.
1.4You shall be responsible for all steps necessary to acquire
access to the online Services and for ensuring the security and confidentiality
of any hardware, software or medium of access (equipment) at your expense.
This notice sets out our general privacy undertakings to you.You will be required to supply personal
information in order to log into the restricted section of this website.You agree that we can use this information
and divulge it to our affiliated companies for the purposes of marketing our
services.We will not, however,
otherwise disclose this information to a third party unless required to do so
3. USERNAMEAND PASSWORDS
3.1Your username and password
are issued to you personally and may not be used by any other person.
3.2You may not disclose your
username and password to any other person whatsoever.
3.3You accept that your
username and password constitute your signature and that all communications
made under that password and username shall be deemed to be your
3.4Thrutainers may, at its
sole discretion and for whatever reason, require you to change your
verification mechanism or parts thereof, from time to time, and you undertake
to comply with such requirement unconditionally.
3.5Thrutainers may, at its
sole discretion, be entitled to refuse to give access to the Services.In particular, Thrutainers shall be entitled
to disable your access should the use become inactive.
3.6You undertake to ensure the confidentiality of the verification
mechanism at all times.You shall ensure
that the verification mechanism is neither easily accessible nor disclosed to
someone other than you.Unless the
contrary is proven, storing or recording your username and password on your
computer, phone or network shall be presumed to be the proximate or effective
cause of an unauthorised person having performed an unauthorised transaction
and will be regarded as prima facie negligence on your part.
3.7Where you reasonably
suspect that the verification mechanism has been or will soon be compromised,
you shall notify Thrutainers orally and in writing immediately.Upon receipt of your oral notification,
Thrutainers reserves the right to:
a)Reject all instructions received after your
b)Suspend the processing of all instructions not yet
c)Reverse (if possible) all executed transactions with
effect from such date and time as Thrutainers may reasonably determine the
authorised use to have commenced; and
d)De-activate access to the Services without further
notice to you.
3.8 Any delay in providing
written notification, as set out above, shall be presumed to be prima facie
proof of negligence on your part and you shall bear the onus of proving the
3.9 It shall be your sole
responsibility for ensuring, within your organisation, that those persons who
have access to your username and password are, from time to time, duly
authorised to use the Services.
3.10If any unauthorised person
obtains the verification mechanism in any manner whatsoever, such person shall
be regarded as your duly authorised agent with full authority to use the
Services on your behalf, unless such unauthorised person has obtained the
verification mechanism due to gross negligence or fraud on the part of
4.1Instructions become irrevocable once submitted to
Thrutainers.Unless otherwise specified,
an online instruction is deemed to have been submitted once you have positively
indicated your verification of the instruction by means of the functionality
available on the website.
4.2Thrutainers will use reasonable endeavours to carry out your
instructions received in respect of the Services in a prompt and timeous
manner.However, Thrutainers shall not
be responsible, and disclaims all liability for, any claims arising from the
late or delayed attendance by Thrutainers to your instructions, it being agreed
that such instructions are issued through the Services solely at your own risk.
4.3Thrutainers shall not be obliged to verify your
instructions.Whilst Thrutainers shall
use reasonably steps to verify the authenticity of an instruction which
purports to emanate from you, you authorise Thrutainers to give effect to the
instructions which purport to emanate from you, whether or not that instruction
was sent or authorised by you, and you agree to be bound thereby.
4.4Thrutainers reserves the right to reject or suspend the
execution of an instruction at any time should the value or frequency of the
instruction appear suspicious or out of the ordinary to Thrutainers.In so rejecting or suspending an instruction,
Thrutainers undertakes to contact you within a reasonable period of time and
for the purposes of verifying the instruction by such means as Thrutainers may
5.1You hereby instruct Thrutainers, via the Services to effect
transactions in accordance with the provisions of these terms and conditions,
the Trading Terms and Conditions and in accordance with rules and procedures
that apply to the Services from time to time.
5.2You undertake to complete and furnish Thrutainers with all
documents, questionnaires, details, mandates, authorisations and the like which
Thrutainers deems necessary to prove that you hold the necessary authority to
5.3You undertake to log off from the online Services in the
prescribed manner before exiting the website.Failure to log off could result in unauthorised transactions for which
Thrutainers will not be held liable.
6.1An e-communication means a communication in the form of a data
message as defined in the Electronic Communications and Transactions Act No. 25
of 2002 and includes communications exchanged by means of the website or by
6.2An e-communication shall be deemed to have been sent by you at
the time at which Thrutainers is capable of accessing such
shall be deemed to have been sent by Thrutainers at the time shown on the
e-communication as having been sent or, if not so shown, at the time shown on
Thrutainers’ transmission logs as having been sent.
6.3An e-communication shall be deemed to have been received by you
once it becomes capable of being retrieved.An e-communication shall be deemed to have been received by Thrutainers
once Thrutainers has confirmed receipt thereof to you or otherwise responded
thereto, whichever occurs first.
7.1You authorise Thrutainers, at its discretion, to debit your
nominated account with a transaction fee (inclusive of value added tax) per
transaction in consideration of the use of the Service.
7.2Thrutainers shall, after giving reasonable notice by letter,
fax, e-communication, statement and/or invoice be entitled to vary the
transaction fee from time to time.
7.3If any such variation in the fees is published on the website,
it shall be binding on you from the date of such publication.
8.1You authorise Thrutainers to make account details and
statements available on the website without Thrutainers having to send account
statements by postal services, fax or email.
8.2You acknowledge that account details and statements will be
downloadable from the website on a monthly basis and Thrutainers is not
required to notify you of such a fact each month.
8.3Should you wish to retain account statements for longer than
three months, you must save an electronic copy of the account statements on
your computer.Thrutainers shall not be
obliged to retain account statements on the website for longer than three
months after the date of each statement.
8.4If you wish to claim input VAT on Thrutainers’ charges, you
must ensure that the electronic or computer print-out format in which you retain
the statements will be acceptable by auditors and the South African Revenue
9.1You waive any right you may have or obtain against Thrutainers
arising directly or indirectly from any loss or damage of whatsoever nature,
which you may suffer as a result of the fact that Thrutainers acts on purported
instructions, and agree to and do hereby indemnify Thrutainers against any
claims, liabilities, losses, taxes, costs, fines, damages and expenses incurred
by Thrutainers arising as a result of the fact that Thrutainers has acted on
9.2You indemnify Thrutainers and hold it harmless against all
claims of whatsoever nature for use or inability to use this website or your
reliance upon any information published on this website.
9.3If a person purporting to represent you causes Thrutainers to
suffer any loss, whether directly or indirectly, such person hereby indemnifies
and holds Thrutainers harmless for such loss in such person’s personal
Thrutainers may, in its
sole discretion, amend or substitute these terms and conditions from time to
time by publication on this website.
11.1This website and the
information contained therein is provided “as is” and Thrutainers makes no express
or implied representations or warranties with regard thereto.Without limiting the generality of the
a)Thrutainers does not warrant that the website or information will be
error-free or meet any particular criteria of accuracy, completeness or
reliability of information or quality.Thrutainers expressly disclaims all implied warranties, including,
without limitation, warranties of merchantability, title, fitness for
particular purpose, non-infringement, compatibility, security and accuracy; and
b)Whilst Thrutainers has taken reasonable measures to ensure the integrity
of this website and its contents, no warranty, whether express or implied, is
given that any files, downloads or applications available via this website are
free of viruses, trojans, bombs, time locks or any other data or code which has
the ability to corrupt or affect the operation of your system.
11.2Your use of this website and the information contained therein is
entirely at your own risk and you assume full responsibility and risk of loss
resulting from the use thereof.Neither
Thrutainers or its affiliates or its members, shareholders, agents or
consultants or employees will be liable for any damages whatsoever relating to
the use of this website or the information contained therein, including,
without limitation, any direct, indirect, special, incidental, consequential or
punitive damages, whether in an action arising out of contract, statute, delict
11.3Thrutainers shall not be liable to you for any loss or damage
arising from any unauthorised use of the Service, whether as a result of your
representatives exceeding their authority, fraud, the theft of your equipment
or any compromise to the confidentiality of the verification mechanisms.You indemnify Thrutainers accordingly.
11.4You agree that the use of the Service is on your initiative and
at your own risk.
11.5Thrutainers will not be responsible for any failure, malfunction
or delay of any networks or electronic or mechanical device used in the acceptance
and processing of transactions and any other use of the Service.
11.6Thrutainers makes no warranties, representations, statements or
guarantees with regard to the suitability of the Service for any particular
The contents of this site
are protected by the Copyright Laws of the Republic of South Africa.
You may not inter alia reproduce,
publish, broadcast or adapt the contents of this site except insofar as this is
reasonably required for your own personal use.
Your attention is drawn to
the fact that communications are susceptible to monitoring and
interception.You shall bear all risk of
transmitting information and under no circumstances will Thrutainers be liable
for any loss, harm or damage suffered by you as a result thereof.
These terms and conditions
shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to
any principles of conflict of law.You
hereby consent to the exclusive jurisdiction of the High Court of South Africa
in respect of any disputes arising in connection with the Service or these
terms or conditions or any matter related to or in connection therewith.
15.1Each of the parties chooses domicilium
citandi et executandi for all purposes arising from or in connection with this
agreement, including the delivery of notices, as follows:
The contact details you have submitted to Thrutainers when registering
to have access to the services on the Thrutainers website.
Street Address:1 Stroude Place, Prospecton, 4133
Postal Address:PO Box 3780, Durban, 4000
Facsimile No.:+27 31 460 4819
may from time to time serve notices and communicate with you via publication of
such communications on this website.It
is your responsibility to read these communications.
15.3Each party will be entitled from time to
time by written notice to the other parties to change any of its domicilium
addresses to any other address within the Republic of South Africa, provided
that one of the addresses shall always be a street address at which the service
of legal processes can be effected.
15.4Any notice which:
(a)Is delivered by
hand at the addressee's street address domicilium shall be deemed to have been
received by the addressee at the time of delivery; or
(b)Is posted by
prepaid registered post from an address within the Republic of South Africa to
the addressee at its domicilium shall be presumed, until the contrary is proved
by the addressee, to have been received by the addressee on the seventh day
after the date of posting; or
(c)Is transmitted by
facsimile to the addressee at its domicilium shall be deemed to have been
received by the addressee on the date of transmission or, if the transmission
is made out of normal business hours, on the first business day following after
the date of transmission.