TruScan reserves the right to update, modify, add to or remove portions or the whole of these terms and conditions if and when applicable. TruScan shall notify users of changes to these terms and conditions in a reasonable manner and time. Any changes to these terms and conditions will become effective ten (10) days after notification of such changes to users. Furthermore, any changes shall be published on our platform and such changes shall be available at the following URL: https://truscan.io/terms/ or via our mobile application.

Continued use of the TruScan service following any updates or changes to the terms and conditions of use will be considered as your acceptance to abide by and be bound by these terms and conditions, which includes any changes and updates.

By accessing and continual use of the TruScan mobile application, constitutes your acceptance of and the compliance to the following provisions contained herein. Please ensure that you familiarize yourself with these provisions and if you do not agree with it, you should immediately discontinue the use of this service.

RESERVED RIGHTS

TruScan owns the intellectual property rights, which includes the copyright in the information, which is defined as images, text, software source code, graphics, icons and the selection and arrangement of the contents of the service.

None of the Information may be reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.

TruScan reserves the right to terminate the permission by it in terms hereof and/or to restrict the use of and access to the service.

ENDORSEMENT

The TruScan service may contain video links available to view or website links as in application advertisements. Any content that you may be presented with were independently created by parties other than TruScan, and TruScan does not assume responsibility for the accuracy or appropriateness of the information contained therein. In providing links to other sites, TruScan is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

A link to another site should not be construed to mean that TruScan is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The mention of another party or its product or service on the website or in the mobile application should not be construed as an endorsement by TruScan of that party or its product or service.

CONFIDENTIALITY

TruScan may need to collect, use, store or process a user’s mobile number as part of the registration process. You hereby authorise and consent to such collection, use, storage, and processing where the need arises.

TruScan shall only provide, collect, use, or process encrypted Personal Information:

• TruScan shall not have access nor process clear personal data.
• In compliance with the South Africa Protection of Personal Information Act (POPI).
• In accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
• As is necessary for the purposes of this agreement.

ADVICE OR WARRANTIES

TruScan is not responsible for any content or information that you may find undesirable or inaccurate.

LIABILITY

TruScan will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the service or in reliance on the information available on the service, including but not limited to, any loss of use, lost data, lost profits, business or service interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other action.

TRADEMARKS

Certain words, phrases, names, designs, or logos used on the service may constitute trademarks, service marks or trade names of TruScan or other entities. The display of any such marks or names on the website or mobile application does not imply that a license has been granted by TruScan or other entities for use thereof. The unauthorised use of such Intellectual Property (“IP”) is strictly prohibited unless the prior written consent of TruScan is obtained. TruScan reserves all rights to enforce and protect its IP including but not limited to initiating legal action for damages.

COMPUTER / MOBILE DEVICE VIRUSES AND LIMITATION OF LIABILITY

Every effort is made to ensure that all information provided through the service does not contain computer and/or mobile handset viruses. You should however take reasonable and appropriate precautions to scan for computer and/or mobile handset viruses and should ensure that you have a complete and current backup of the applicable items of information. TruScan will not be liable for any damages of any kind arising from the use of this service, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.

CONFORMANCE WITH LAW

Your use of the service shall not violate any local, national or international law, including but not limited to any regulations having the force of law.

APPLICABLE LAW

The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.

ARBITRATION

Any Dispute will be resolved in the following manner:

All Disputes will firstly be referred to TruScan immediately and without hesitation or delay; and

Any Dispute which is not resolved within 15 (Fifteen) business days from the date of referral thereof to TruScan’s representatives (or their delegated nominees) in terms of clause 1 shall be referred to arbitration in accordance with the following provisions:

Any Dispute referred to arbitration will be endeavoured to be resolved:

1. in accordance with the Rules of the Arbitration Foundation of South Africa (AFSA); and
2. by an arbitrator agreed upon between TruScan and yourself; failing such agreement within 15 (Fifteen) business days of the referral of the Dispute to arbitration by either party, by an arbitrator appointed by the AFSA.
3. the decision of the arbitrator shall be final and binding on TruScan and yourself, and may be made an order of any Court of competent jurisdiction unless the arbitrator is found to be grossly negligent in which the case, the decision may be set aside by any Court of competent jurisdiction.

USER OBLIGATIONS AND WAIVER OF RESPONSIBILITY

The user understands that it is a criminal offence to purposely capture incorrect payment details or to knowingly capture the payment details of a payment instrument belonging to someone else without being authorised thereto. The user assumes full liability in this regard.

TruScan cannot be held responsible in cases where users’ payment instrument has been debited more than once as a result of fraudulent misrepresentation or unauthorised access.

TruScan reserves the right to block any user from the TruScan platform for any reason at its sole discretion.

DISCLAIMER OF WARRANTIES

TruScan makes no representations or warranties of any kind, express or implied, as to the operation of this service or the information, content, materials or products included on this service. You agree that the use of this service is at your sole risk. You should not assume that the service will be error-free or that the service will operate without interruption.

REFUNDS AND AVAILABILITY

TruScan does not refund any transaction that has been completed successfully.

TruScan does not warrant the availability of the service and shall not be liable in any respect for the temporary or permanent disruption in usage.

By registering for this service and / or using any TruScan services offered you are deemed to have accepted and agreed to the above terms and conditions and disclaimer.