Website Terms and Conditions

These Terms and Conditions govern use of the website www.thusa.co.za and apply to all visitors and users of the website.

Prepared by: Thusa Business Support (Pty) Ltd & Thusa Nextgen Services (Pty) Ltd
Document owner: Carl Petzer - Director, Information Officer
Effective date: 6 November 2026
Version: 1.0

1. Definitions

In these Terms and Conditions, unless the context clearly indicates otherwise, the terms set out below shall bear the following meanings:

2. Introduction

These Terms and Conditions govern your use of the website; by using the website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.

You must be at least 18 years of age to use the website. By accessing and/or using the website you warrant and represent that you are at least 18 years of age.

The website uses cookies. When you first visit the website, you will be asked to accept or reject non-essential cookies; essential cookies, necessary for the website to function, are set regardless of your choice. Further detail is set out in our Cookies Policy.

3. License to Use the Website

Unless otherwise stated, THUSA and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

• republish material from the website;
• sell, rent or sub-license material from the website;
• show any material from the website in public; or
• reproduce, duplicate, copy or otherwise exploit material on the website for a commercial purpose.

4. Acceptable Use

You may not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You may not use the website to copy, store, host, transmit, send, use, publish or distribute any material which comprises (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website.

You may not use the website to transmit or send unsolicited communications.

You may not use the website for any purposes related to marketing without THUSA's express written consent.

5. Restricted Access

Access to certain areas of the website is restricted. THUSA reserves the right to restrict access to additional areas of the website, or indeed this entire website, at THUSA's sole discretion.

If THUSA provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that the user ID and password are kept confidential.

THUSA may disable your user ID and password in THUSA's sole discretion without notice or explanation.

6. Security and Responsible Disclosure

THUSA takes the security of the website seriously. If you discover a vulnerability or security flaw in the website, you must report it to THUSA promptly at informationofficer@thusa.co.za and must not disclose it publicly or to any third party until THUSA has had a reasonable opportunity to investigate and, where appropriate, remedy it.

Notwithstanding clause 4 (Acceptable Use), you must not exploit any vulnerability or security flaw in the website for any purpose, including to test, probe, or scan the website's security, other than in accordance with a responsible disclosure made under this clause.

THUSA will not bring legal proceedings against a person who discovers and reports a security vulnerability in good faith and in accordance with this clause, provided that person does not access, modify or disclose any data belonging to THUSA or any third party.

7. Casual Surfing, Browsing and Privacy

A User may visit the Website without providing any personal information. Technical information, including the User's IP address, device and browser data and cookie identifiers, may be collected as described in our Privacy Policy and Cookies Policy.

Personal information collected through your use of the website, including any information you submit to the website, is processed by THUSA in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), our Privacy Policy, and our PAIA & POPIA Manual. Our Privacy Policy sets out your rights as a data subject, and our PAIA & POPIA Manual sets out further detail on the processing of personal information. Both are available at www.thusa.co.za.

8. User Content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.

• Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or THUSA or a third party (in each case under any applicable law).
• You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
• THUSA reserves the right to view, use, edit or remove any material submitted to the website, or stored on THUSA's servers, or hosted or published upon the website.
• Notwithstanding THUSA's rights under these terms and conditions in relation to user content, THUSA does not undertake to monitor the submission of such content to, or the publication of such content on, the website.

9. Links to Other Websites

The website may contain links to other websites. THUSA has no control over the content of those websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

The inclusion of a link to another website on the website does not imply THUSA's endorsement, approval or recommendation of that website, or of any products or services referred to on it.

You should review the terms and conditions and privacy policy of any third-party website before using it or submitting any personal information to it.

10. No Warranties

The website is provided "as is" without any representations or warranties, express or implied. THUSA makes no representations or warranties in relation to the website, or the information and materials provided on the website.

Without prejudice to the generality of the foregoing paragraph, THUSA does not warrant that:

• the website will be constantly available, or available at all; or
• the information on the website is complete, true, accurate or non-misleading.

Nothing on the website constitutes, or is meant to constitute, advice of any kind.

11. Limitations of Liability

THUSA will not be liable to you or any third parties in relation to the contents of, or use of, or otherwise in connection with, the website -

• for any direct loss;
• for any indirect, special, or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if THUSA has been expressly advised of the potential loss.

By using the website, you agree that the limitations of liability set out in this clause are reasonable. If you do not agree that they are reasonable, you must not use the website.

12. Indemnity

You hereby indemnify THUSA and undertake to keep THUSA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by THUSA to a third party in settlement of a claim or dispute on the advice of THUSA's legal advisers) incurred or suffered by THUSA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

13. Breaches

Without prejudice to THUSA's other rights under these terms and conditions, if you breach these terms and conditions in any way, THUSA may take such action as THUSA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.

14. Waiver

No failure or delay by THUSA in exercising any right or remedy provided under these terms and conditions or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict any further exercise of that or any other right or remedy.

No single or partial exercise of any right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

A waiver of any breach of these terms and conditions will not constitute a waiver of any subsequent breach.

15. Assignment

Neither THUSA nor you may cede or assign rights or obligations under these terms and conditions without the other's prior written consent, such consent not to be unreasonably withheld. Notwithstanding the foregoing, THUSA may subcontract or transfer the performance of its obligations under these terms and conditions, provided THUSA remains responsible for the acts and omissions of its subcontractors as if they were its own. Any transfer of personal information under this clause remains subject to POPIA and THUSA's Privacy Policy.

16. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Notices

Any notice given by you to THUSA must be given in writing and sent to THUSA's contact details set out in the Contact Information clause below.

Any notice given by THUSA to you may be given by posting a notice on the website, or by sending it to any email address you have provided to THUSA.

Notices will be deemed received on the date of transmission, provided no delivery failure notification is received.

18. Entire Agreement

These terms and conditions constitute the entire agreement between you and THUSA in relation to your use of the website and supersede all previous agreements in respect of your use of the website, save that they do not exclude or limit the application of THUSA's Privacy Policy, Cookies Policy or PAIA & POPIA Manual. Those documents are not contract documents, describe how THUSA complies with the law independently of these terms and conditions, and are not limited or overridden by anything in them. Where you are also a client of THUSA under a separate agreement, that agreement (including THUSA's Standard Terms and Conditions, where applicable) governs that engagement and is not affected by these terms and conditions, which govern your use of the website only.

19. Consumer Protection and Electronic Transactions

Where applicable, nothing in these terms and conditions is intended to limit any right you may have as a consumer under the Consumer Protection Act 68 of 2008 which cannot be lawfully excluded, limited or waived.

These terms and conditions, and any electronic communications, transactions or records concluded via the website, are subject to and interpreted in accordance with the Electronic Communications and Transactions Act 25 of 2002, to the extent applicable.

20. Law and Jurisdiction

The website is controlled, operated, and administered by THUSA from its offices within the Republic of South Africa. Access to the website is prohibited from territories or countries where the content or purchase of the products sold on the website is illegal. You may not use the website in violation of South African export laws and regulations. If a User accesses the website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa. Nothing in this clause prevents either party from obtaining urgent relief in any court of competent jurisdiction, and to this end the User and THUSA consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban.

21. Updates to these Terms and Conditions

We may update these Terms and Conditions by posting a new version on the website. You should check back periodically to ensure you are familiar with any changes.

22. Contact Information

If you have any questions about these Terms and Conditions, kindly contact THUSA via email to informationofficer@thusa.co.za.