GENERAL CONDITIONS OF

ACCESS TO THE

THRUTAINERS WEBSITE

 

 

1.     GENERAL

        1.1      These 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.

        1.3      Thrutainers shall not be bound in any manner until such requisite documentation has been completed by you and accepted by Thrutainers.

        1.4      You 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.

 

2.     PRIVACY POLICY

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 by law.

 

3.     USERNAME AND PASSWORDS

3.1      Your username and password are issued to you personally and may not be used by any other person. 

3.2      You may not disclose your username and password to any other person whatsoever. 

3.3      You 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 communications.

3.4      Thrutainers 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. 

3.5      Thrutainers 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.

        3.6      You 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.

 


3.7      Where 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 notification;

          b)   Suspend the processing of all instructions not yet executed;

          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 contrary.

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.

3.10    If 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 Thrutainers.

 

4.     PROCESSING OF INSTRUCTION

        4.1      Instructions 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.

        4.2      Thrutainers 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.

        4.3      Thrutainers 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.

        4.4      Thrutainers 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 determine.

 

5.     TRANSACTIONS

        5.1      You 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.

        5.2      You 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 transact.

        5.3      You 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.     E-COMMUNICATIONS

        6.1      An 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 email.

        6.2      An e-communication shall be deemed to have been sent by you at the time at which Thrutainers is capable of accessing such e-communication.  An e-communication 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. 

        6.3      An 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.     ONLINE SERVICE CHARGES

        7.1      You 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.

        7.2      Thrutainers 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.

        7.3      If any such variation in the fees is published on the website, it shall be binding on you from the date of such publication.

 

8.     ACCOUNT STATEMENTS

        8.1      You 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. 

        8.2      You 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.

        8.3      Should 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.

        8.4      If 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 Services.

 

9.     INDEMNITY

        9.1      You 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 purported instructions.

        9.2      You 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.

        9.3      If 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 capacity.

 

10.    AMENDMENTS

        Thrutainers may, in its sole discretion, amend or substitute these terms and conditions from time to time by publication on this website.

 

11.    DISCLAIMER

11.1     This 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 aforegoing :

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.

        11.2    Your 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 or otherwise.

        11.3    Thrutainers 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.

        11.4    You agree that the use of the Service is on your initiative and at your own risk.

        11.5    Thrutainers 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.

        11.6    Thrutainers makes no warranties, representations, statements or guarantees with regard to the suitability of the Service for any particular purpose.

 

12.    INTELLECTUAL PROPERTY

        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.

 

13.    TRANSMISSION OF INFORMATION

        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.

 

14.    APPLICABLE LAW

        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.    DOMICILIUM AND NOTICES

        15.1    Each 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:

You

The contact details you have submitted to Thrutainers when registering to have access to the services on the Thrutainers website.

 

Thrutainers

Street Address     :    1 Stroude Place, Prospecton, 4133

Postal Address    :    PO Box 3780, Durban, 4000

Facsimile No.       :    +27 31 460 4819

Email                   :    webadmin@thrutainers.com

        15.2    Thrutainers 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.

15.3    Each 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.

15.4    Any 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.

 

 

                                                                   END                                                                          

 



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