Terms and Conditions
Tholulwazi Verify Platform Terms of Use
Effective Date: [Insert Date]
These Terms and Conditions ("Terms") govern your access to and use of the Tholulwazi Verify platform ("Platform"), operated by Tholulwazi Capital CC, Registration Number 2010/091355/23, trading as Tholulwazi Verify ("Tholulwazi Verify", "we", "our", or "us"). By creating an account, accessing, or using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform. If you accept these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity.
1. About the Platform
Tholulwazi Verify is a business verification platform that enables organisations to perform identity verification, Know Your Customer (KYC), Customer Due Diligence (CDD), Anti-Money Laundering (AML) screening, fraud prevention, and other verification services through integrated third-party data providers. The Platform provides verification information to assist your decision-making.
Tholulwazi Verify does not provide: legal advice; financial advice; lending decisions; or a replacement for your own compliance procedures or independent due diligence.
You remain responsible for every decision made using information obtained through the Platform.
2. Eligibility
You may only use the Platform if: you are at least 18 years old; you have authority to represent your organisation; you use the Platform for lawful business purposes; and you comply with all applicable South African laws.
3. Account Registration
You agree to: provide accurate and complete registration information; keep your information updated; maintain the confidentiality of your login credentials; immediately notify us of unauthorised access; and accept responsibility for all activity performed using your account. You are responsible for all users invited under your organisation's account.
4. Lawful Use
You may only use the Platform where you have a lawful basis under: the Protection of Personal Information Act, 2013 (POPIA); the Financial Intelligence Centre Act, 2001 (FICA); and any other applicable legislation. You warrant that every verification request is submitted for a lawful and authorised purpose.
You may not use the Platform to:
- verify individuals without lawful authority;
- harass, monitor or unlawfully investigate any person;
- discriminate unlawfully;
- scrape or copy Platform data;
- reverse engineer the Platform;
- bypass security controls;
- interfere with Platform operations;
- resell the Platform without our written consent; or
- use the Platform for fraudulent or illegal activities.
Any misuse may result in immediate suspension or termination.
5. Personal Information and POPIA
For purposes of POPIA: your organisation acts as the Responsible Party; Tholulwazi Verify acts as an Operator when processing information on your behalf.
You confirm that: you have obtained personal information lawfully; you have the required consent or other lawful basis where applicable; you are authorised to submit verification requests.
We process personal information only for providing our services, meeting legal obligations, improving security, maintaining audit records, and complying with applicable legislation. Verification records may be retained where required by law, including FICA recordkeeping obligations. Sensitive information is encrypted or masked where reasonably practical.
6. Third-Party Data Sources
The Platform obtains information from licensed and authorised third-party providers. While we work with reputable providers, we cannot guarantee that information supplied by those providers is: complete; current; uninterrupted; or free from errors. Verification results are provided for informational purposes only. You remain responsible for independently assessing any verification result before making business decisions.
7. Verification Results
A successful verification does not guarantee that:
- a person is trustworthy;
- an organisation is financially sound;
- fraud will not occur;
- identity theft has not taken place; or
- future risk does not exist.
Verification results should always form part of your broader risk assessment process.
8. Credits, Pricing and Payments
The Platform operates on a prepaid credit system. Credits may be purchased through approved payment methods. Credits are deducted only when a verification request is successfully completed. If a provider error prevents completion, credits will generally not be deducted.
Credits:
- are non-transferable;
- are non-refundable unless required by law; and
- have no cash value.
We may change pricing at any time. Price changes apply only to future purchases. Payments are processed through secure third-party payment providers. We do not store full payment card information.
9. API Access
Where API access is provided:
- API keys remain confidential;
- API keys must not be shared;
- excessive or abusive API usage may be rate limited;
- we may suspend compromised API credentials immediately.
You are responsible for all activity performed using your API credentials.
10. User Roles
The Platform may provide different user roles, including: Administrator; Operator; Viewer; API User.
Administrators are responsible for managing users within their organisation. We are not responsible for disputes between users within the same organisation.
11. Intellectual Property
The Platform, including software, source code, databases, workflows, scoring methodologies, documentation, trademarks, logos, branding, and designs, remain the exclusive property of Tholulwazi Capital CC or its licensors. Nothing in these Terms transfers ownership to you. You retain ownership of information submitted by your organisation. You grant us the rights necessary to process that information for providing the Platform.
12. Availability
We aim to provide reliable Platform availability. However, we do not guarantee uninterrupted access. The Platform may be unavailable because of: maintenance; software updates; telecommunications failures; third-party provider outages; cyber attacks; power interruptions; or events beyond our reasonable control.
13. Limitation of Liability
To the maximum extent permitted by South African law:
- the Platform is provided "as is" and "as available";
- we exclude all implied warranties where legally permitted;
- we are not liable for indirect, incidental, consequential, punitive or special damages, including loss of profits, revenue, goodwill or business opportunities.
Our total liability arising from any claim will not exceed the total amount paid by you for Platform credits during the three months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot legally be excluded under South African law.
14. Indemnity
You agree to indemnify and hold harmless Tholulwazi Capital CC, its directors, employees, contractors and agents against any claim, loss, damage, liability, legal cost or expense arising from:
- your breach of these Terms;
- unlawful use of the Platform;
- misuse of verification information;
- breach of POPIA or other applicable laws; or
- claims brought by third parties resulting from your use of the Platform.
15. Suspension and Termination
We may suspend or terminate your account immediately if: you breach these Terms; your account presents a security risk; you misuse verification services; fraudulent activity is suspected; required by law; or requested by a competent authority.
You may terminate your account at any time. Unused credits are not refundable unless required by law.
16. Force Majeure
We are not liable for delays or failure to perform our obligations where caused by events beyond our reasonable control, including natural disasters, strikes, cyber attacks, power failures, telecommunications failures, government action or third-party service interruptions.
17. Changes to the Platform
We may: introduce new services; discontinue features; modify functionality; update verification providers; or improve Platform security.
We may also update these Terms from time to time. Material changes will be communicated through the Platform or by email. Continued use of the Platform constitutes acceptance of the revised Terms.
18. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the jurisdiction of the courts of South Africa.
19. Electronic Communications
By using the Platform, you consent to receiving electronic communications, notices and agreements in accordance with the Electronic Communications and Transactions Act, 2002 (ECTA). Electronic records and communications satisfy any legal requirement that information be in writing.
20. Contact Information
Tholulwazi Verify, trading as Tholulwazi Capital CC
Website: https://verify.tholulwazicapital.co.za
Email: support@tholulwazicapital.co.za
Telephone: 087 821 3154
