Thank you for visiting the CRR website.

Before browsing or using our website please read the Terms & Conditions carefully. Our Terms & Conditions include the policies in respect of refunds, security and privacy (“Policies”) of CRR and from where the website is hosted, the Services rendered and how the business is operated.

USE

These Terms & Conditions govern your (“the User”) use of the CRR website located at the domain name: www.criminal.co.za and the CRR app downloaded via your chosen authorised App Store: on iOS in the Apple App Store and on Android in the Google Play Store (“App”), including any downloaded or streamed content and to any correspondence by email, text message, instant message, telephone or any other electronic means exchanged between CRR and the User and vice versa.

The Terms & Conditions must be read with the end user license agreement (“EULA”) from the relevant App Store from where the User downloaded the CRR app, which serves to supplement CRR’s agreement with the User. If there is any inconsistency or contradiction between the terms, conditions and policies as contained in such an EULA and these Terms & Conditions, then the terms, conditions and policies of the EULA shall prevail to the extent necessary.

A User of the website shall include casual surfers or users of the CRR website or CRR app as well as Clients. The meaning and definition of a Client is someone who contracts to purchase and use CRR’s Services as described on the CRR website or app (or duly authorised representative), from time to time, or with whom CRR has concluded a separate contract to render CRR’s Services.

All sections of these Terms & Conditions are applicable to Users and Clients unless the section expressly states or the context indicates otherwise.

By browsing or using the website (including downloading or streaming from the CRR website or app) and/or the Services offered or communicating with CRR by electronic means, the User agrees to be bound by the Terms & Conditions set out in this legal notice and agreement. You cannot browse or use our website if you do not accept our Terms & Conditions.

CRR reserves the right to update these Terms & Conditions, from time to time. The User’s continued browsing or using of the website and/or the Services or communicating with CRR by electronic means, shall be accepted as confirmation of your acceptance of such changes.

The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for their own financial gain.

If, however, the User would like to share the website and the Services offered with others in their community or network then the User may freely share the link of the CRR website or app with others by any electronic means or by posting such link on the User’s own website or other online platform, subject to the following conditions:

The User may not use a graphic image or image related text unless they have the written permission of CRR to that effect. CRR reserves all its rights in the graphic image and text, any other images, our trademarks, copyrights and all other intellectual property rights;

The User may not replicate CRR’s website, app, site contents, app contents or design;

The User may not remove, distort or otherwise alter the size or appearance of any logos on CRR’s website or app;

The User’s website or app may not contain content that is inappropriate, distasteful, pornographic, hateful, discriminatory or that infringes any intellectual property rights, rights to privacy or other rights of any other person or otherwise does not comply with all applicable laws and regulations in the Republic of South Africa or any other applicable jurisdiction; and,

At any time and at our sole and absolute discretion, CRR reserves the right to withdraw the permission given to the User to make website or app links to the CRR website or app.

The User agrees to only use the website in a manner that complies with all applicable laws and regulations in the Republic of South Africa or any other applicable jurisdiction and is consistent with the Terms & Conditions and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the website (including, without limitation, by hacking).

CRR reserves the right in our sole and absolute discretion:

• to deny any User access to the website & communications tools (namely but not limited to: Email, WhatsApp, Phone Calls) or any part of it without prior notice,

• to deny any User from using our Services with or without notice (all cases are subject to a prior free assessment before we agree to take on a User's case).

SERVICES, FEES, REQUIRED DOCUMENTATION, REFUND POLICY AND EARLY TERMINATION

Services Offered

CRR offers criminal record checks and criminal record expungement services as discribed on the CRR website and app (“the Services”).

CRR is an authorised reseller and provider of such services, which CRR has access to as an authorised reseller of Afiswitch (Pty) Ltd on a commercial basis through the South African Police Service (“SAPS”) infrastructure as well as the Department of Home Affairs (“HANIS”) system put in place for this purpose, subject to its reseller obligations and SAPS’ and HANIS’ requirements from time to time.

CRR obtains certain Findings during the course of performing the Services, which includes, without limitation, a detailed summary of a Client's criminal record (including, without limitation, information regarding the Client’s criminal history, previous convictions, cases awaiting trial and/or any other relevant information such as is ordinarily furnished by the Criminal Record Centre of the SAPS) [“the Findings”].

Unless specifically agreed in writing, under no circumstances do we:

• provide updates about any ongoing cases until they have reached conclusion by the respective government department (for some case types this can take up to 3 years),

• provide originals or copies of our application/expungement documentation, filed with the respective government departments, to the Client (except for SAPS69 criminal checks and government issued outcomes, i.e. expungement certificates),

• meet Clients for face-to-face appointments (we are an online service with no physical premesis, all staff work from home).

Consents and Authorisations

CRR shall provide Users with a comprehensive list of User consents and authorisations in respect of their Personal Information as contained in the Privacy Policy.

Fees

Fees for the Services are as advertised and disclosed on the CRR website or app from time to time, alternatively directly with the Clients on different fee arrangements. Fees are paid for in full and upfront which serve to confirm the User as a Client contracting with CRR for the chosen Services. CRR, at its sole discretion, may enter into a payment plan arrangement (subject to prior arrangement in writting before the first payment is made) with a Client with an agreed repayment schedule. In the event the Client defaults on the obligations of the payment plan arrangement, the Client agrees that CRR may immediately suspend Services without notice. The Client further agrees that if the default isn't remedied in five days, the Client agrees to ('Early Termination') terminate the Services Rendered and forfiet all the Fees paid.

Required Documentation

All Services require the Client to submit specific documentation to CRR to successfully render the Services after the payment of Fees. The Client agrees to take full responsibility in providing any and all required documentation (or any additional documentation as required from time to time), completed in full, in a timely manor. The Client further agrees that all correspondence sent by CRR to the Client will be read. Unless indicated otherwise, all documentation must be original and submitted in its physical form (not via electronic means) to any CRR office by either a courier or hand delivery. Unless the Service indicates otherwise, the Client is responsible for all related costs associated but not limited to: printing, completing and submitting the required documents to CRR. Unless otherwise agreed in writing, the Client agrees to ('Early Termination') terminate the Services Rendered and forfiet all the Fees if any and all required documentation has not been received by CRR within twenty-one days from the time it was requested.

Refunds Policy

A five day ‘cooling off’ period will apply from the date the Client made their first payment to CRR (The 'cooling off' period does not apply to all subsequent payments made by the Client to CRR), where a Client shall be refunded in full their first payment for the fees paid for the Services required, on condition that the Client has not furnished CRR with all the necessary information, documentation and/or instructed or deemed to have instructed CRR to proceed with the rendering of the Services (where CRR has already so proceeded), upon a written request sent to CRR by email to: [email protected]. Such a refund shall be made within fifteen days of receipt of such a request. CRR will not refund any fees paid after this five day period, unless;

If for any reason, on good cause shown, a Client is dissatisfied with the Services contracted for and rendered, then upon receipt of a written notice of Early Termination (together with a written account of the issue) to CRR by email to: [email protected] and at CRR's sole discretion after reviewing the merits, shall within sixty days of receipt thereof, repay the fees less all direct expenses incurred (such as but not limited to: Early termination fees, Afiswitch fees, capture costs, preparation costs and bank charges).

CRR offers a 100% money back guarantee on specific packages and refunds the full amount paid for the guaranteed package (to a maximum of six thousand rand) within sixty days from submitting a claim to CRR by email to: [email protected]. It is also important to note that we are in no way guaranteeing that a positive outcome will be achieved in each and every application, rather we are guaranteeing that we will refund your money under the conditions set forth below. We cannot guarantee an outcome of a application as each situation is unique. All successful 100% money back guarantee claims are strictly subject to all of the following eight-point criteria:

1. The South African Department of Justice (DoJ) has provided an official denial letter, which must be provided to CRR, confirming the eligible conviction(s) can-not-be removed.
2. Clients that have not been convicted or arrested (case awaiting trial) for any other criminal offence in the last ten years since CRR prepared and/or submitted the expungement application or during the expungement process.
3. Clients that were not convicted of any sexual related criminal offence in their lifetime.
4. Clients that were not sentenced to direct prison, without the option of a fine, for any and all past criminal convictions in their lifetime.
5. Clients that were not fined (or the option of a fine) for more than R20,000.00 for any and all past criminal convictions in their lifetime.
6. Client has disclosed all relevant information, provided all required documentation to process and prepare the relevent criminal checks and expungement application.
7. Client has not provided false information such as other convictions, incomplete/inaccurate application requirements, or probation violations.
8. Client has not interfered with any aspect of the expungement application to which CRR holds instruction to do on behalf of the Client.

The refunds contemplated above, shall be credited (by default) to the Client’s account in the form of a credit note which can be utilized for future Services offered by CRR. Upon request and subject to the terms of the specific refund, the credit note can be converted to a refund and be paid by electronic funds transfer (EFT or International Wire Transfer) into the Client’s bank account, the details of which shall be furnished to CRR in writing by email to: [email protected]. CRR reserves the right to refund back to the bank card in the case of an online bank card transaction. The Client agrees and understands that CRR will not be able to refund in the form of cash. To prevent money laundering and credit card fraud (specifically where fees were paid in the form of a cash deposit or online using a bank card), CRR reserves the right to request resonable additional documentation (such as but not limited to: Copy of identification, bank account confirmation in the Client's name, proof of address and a bank statement showing the online bank card transaction).

CRR offers a 105% best price guarantee on all packages. This guarantee does not include a refund but rather a guarantee to reduce our cost for the Services before payment is made. Users that find another firm with an advertised price for one of our Services that is less than our price, we will not only match their price, but we will beat it by 5% subject to the following three-point criteria:

1. Any best price guarantee claim must include a published price from another firm that includes all criminal record check and expungement application fees and must detail the extent of their services.
2. Any best price guarantee claim must include a published price from another firm that offers South African criminal record checks and expungement services.
3. Any best price guarantee claim must be made before the User makes payment for the Service. To make a 105% best price guarantee claim, an email must be sent to [email protected] which must include your name, your desired expungement service, and the location where we can verify the other advertised price (a URL or attach a quotation from another firm).

Early Termination

Whilst CRR is rendering ongoing Services to the Client, and the Client wishes to terminate such Services before they are rendered in full (or an outcome has been reached), the Client agrees to send a written notice of Early Termination by email to: [email protected] and further agrees that all other correspondence to this effect will not be entered into. Upon receipt of the notice of Early Termination, the Client agrees to convert the Fees for Services to a rate of R800.00 for hour (or part thereof) for time spent on rendering Services thusfar ('Early Termination Fees') and do away with the advertised fixed costs. The Client agrees and understands that CRR will terminate all ongoing Services with immediate effect and the Client will be deemed to be a User in terms of these Terms and Conditions.

COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

The CRR logo is an artistic work protected by copyright. CRR has filed various trademark applications to strengthen its protection of this artistic work and obtained provisional trade mark protection and shall continue to take legal steps to further secure and protect its rights hereto (including final trade mark protection), as and when deemed necessary.

CRR has filed trade mark applications in various classes for the word ‘CRR’ and obtained provisional trade mark protection and shall continue to take legal steps to further secure and protect its rights hereto (including final trade mark protection), as and when necessary.

The User may not use any of CRR’s trademarks in any way whatsoever without CRR’s express prior written permission, and then only in ways agreed to in writing.

The User acknowledges that all copyright, trademarks and other intellectual property rights in the website and all photographs, designs, images, text, software, data, audio, video, files and other material in the website or material generated by or transmitted from the website (“CRR Material”) are owned by CRR.

Any rights not expressly granted in these Terms & Conditions are reserved.

SECURITY POLICY

Electronic Devices and Monitoring of Activity

CRR cannot be held responsible for security breaches occurring on the User’s electronic device (personal computer, notebook, tablet, smartphone or other electronic device used to browse and use the website), which may result due to the lack of adequate virus or malware software protection or spyware that the User may inadvertently have installed on his/her device or the like.

CRR has the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of the Terms & Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to a User’s access and/or removing any materials from the website).

Payments

CRR undertakes that it has taken all reasonable precautions to secure payments made by Clients using EFT’s (electronic funds transfers).

CRR undertakes that it has taken all reasonable precautions to secure payments made by Clients using Cash Deposits.

CRR undertakes that it has taken all reasonable precautions to secure payments made by Clients using the online payment gateway on the website.

CRR does not directly process any online payments and transactions and doesn’t store any of the Client’s bank card or bank account information.

All payment transactions (whether from bank accounts or bank cards) are processed by PayFast (www.payfast.co.za) and Ozow (www.ozow.co.za) and their online payment gateway service providers and their plugins, using a 3D secured, certified, verified and enabled payment gateways. PayFast and its online payment gateway service providers protect the security of information during transmission by using 128 bit Secure Socket Layer 3 (“SSL3”) software, which encrypts information supplied by the Client. Encryption complies with international standards and is continually updated and improved on, in line with technological advancements.

The servers of PayFast and Ozow and their online payment gateway service providers are protected by firewalls and intrusion detection systems. PayFast and its online payment gateway service providers’ registration documents and site registered domain names are checked and verified by our website’s security service provider, ensuring the Client and CRR that nobody can impersonate PayFast and its online payment gateway service providers to obtain confidential information. PayFast and its online payment gateway service providers continually review and enhance its security in line with technological changes and advancements.

The merchant outlet country at the time of presenting payment options to the bank cardholder or bank account is South Africa. Transaction currency is South African Rand (ZAR).

PRIVACY POLICY

CRR is committed to respecting and protecting the User’s privacy. You are referred to the separate Privacy Policy which applies to all the pages related to the CRR website and app as well as to the general use of the website and the Services rendered.

The Privacy Policy constitutes part of this agreement on the Terms & Conditions.

Changes to Privacy Policy

CRR may need to change its Privacy Policy from time to time in order to address new policy issues, law changes and/or reflect changes on our website or app. We will post those changes in our separate comprehensive Privacy Policy so that Users will always know what information CRR gathers, how we might access, use, retain, store, transfer or destroy that information and whether we will disclose that information to anyone. Please refer back to this Privacy Policy regularly.

If you have any questions or concerns about our Privacy Policy or any changes thereto, please send us an email to [email protected].

GENERAL

Choice of Law and Dispute Resolution

The de minimus non curat lex legal principle will apply, i.e. “the law does not concern itself with trivialities”.

Any disputes between the User and CRR shall be determined by arbitration in terms of South African law. All disputes shall be finally resolved in accordance with the commercial rules of the Arbitration Foundation of Southern Africa (“AFSA”) [as amended or replaced from time to time] by an arbitrator or arbitrators appointed by AFSA. There shall be no right of appeal as provided in article 22 of AFSA’s rules. The arbitration shall take place in Johannesburg.

The Parties consent to any arbitration being conducted as a matter of urgency and authorise any Party to apply to AFSA in terms article 23(1) of AFSA’s rules for any arbitration to be conducted on an urgent basis.

This shall not preclude any of the Parties being able to apply for and obtain urgent interim relief from the courts, subject to any final orders, determinations and/or awards being made by arbitration as contemplated in 6.1.2 and 6.1.3 above.

Company, Domicilium and Notice Details

CRR is a private company with limited liability incorporated in the Republic of South Africa.

CRR’s chosen domicilium citandi et executandi for the service of all legal documents is: CRR Head Office, Cube House, 1 Wedgewood Link, Bryanston, Sandton, Johannesburg, 2196 (this address is not staffed, only used as a mailing address).

All communication and notices can be sent to: [email protected]. CRR’s telephone number is: 087 808 1967.

Waiver

If the User breaches the Terms & Conditions and CRR takes no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where the User breaches these Terms of Use.

Disclaimer

CRR is not a law firm. The contents of the website are provided “as is” without warranty of any kind, either express or implied. The contents is offered strictly for informational purposes only and should not be construed as advice or opinion on any matter.

CRR, the authors and developers of the content on the website (including the Services) and in general anybody connected to the website in any way assume no responsibility for errors or omissions in the content on the website or app, the general use thereof and the Services rendered.

CRR further does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the content on the website.

All timelines indicated for the Services are derived from the average closure time of 80% of Services in the last 24 months. Exceptions/delays do occur in 10-20% of cases and as such, average timelines do not constitute a guarantee, warranty, or prediction regarding the duration of a unique expungement application.

Testimonials and past Success Rates do not constitute a guarantee, warranty, or prediction regarding the outcome of a unique expungement application. Any result portrayed on this website was dependent on the facts of that case, and the results may differ if based on different facts. Some client reviews on this site and others may have been compensated for providing their honest review of the service they received.

The User may not access the website from countries where its contents are illegal or unlawful. If you do access the website or app from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.

Liability

CRR does not limit in any way its liability by law for fraud, death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.

The User agrees that CRR will not be liable for:

Any loss, disruption or damage to their Personal Information, computer or smart device, operating systems and software applications;

Any direct, indirect, general, special, incidental or consequential damages (including, without limitation, data loss, lost revenues and lost profit) arising out of the User’s use or inability to use our website (including downloading or streaming from the website or app), their content, any information on or from the website, app or any link to another website or app, the Services rendered, the Findings and whether such loss or damage arises in contract, delict (including negligence) or otherwise. CRR cannot assume any such obligations or responsibility.

The User hereby indemnifies and holds harmless CRR and Afiswitch and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, in full for, from and against any and all loss, damage, injury, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and other professional costs) suffered or incurred by the User, whether directly or indirectly, out of or in connection with the Services and the use, storage, transfer and destruction of the Personal Information and/or any errors or omissions contained therein, irrespective of whether such errors or omissions occur as a result of CRR or Afiswitch’s and/or their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors negligent acts or omissions;

In particular the User acknowledges and agrees that CRR and Afiswitch and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors will not be liable, under any circumstances whatsoever, for any loss, damage, injury, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and any other professional costs) suffered or incurred by the User, whether directly or indirectly, out of or in connection with the User and/or any third party’s reliance on the Findings, including, without limitation, any decisions that the User and/or any third party may make based on such Findings.

The User hereby indemnifies and holds harmless CRR and Afiswitch and their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, in full for, from and against any and all loss, damage, injury, liability, costs and expenses (including legal costs on the attorney and client scale, whether civil or criminal, and any other professional costs) suffered or incurred by CRR and Afiswitch and/or their respective directors, officers, employees, representatives, agents, consultants, service providers and contractors, whether directly or indirectly, out of or in connection with any incorrect or false Personal Information submitted by them.

Severability

If any one or more of the provisions of the Terms & Conditions is held to be invalid, illegal or unenforceable in any respect by an arbitration forum or court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

Updating Terms & Conditions and Continued Use

CRR reserves the right to change, modify, add to or remove from portions or the whole of these Terms & Conditions, from time to time.

Changes to these Terms & Conditions will become effective upon such changes being posted to the website.

It is the User’s obligation to periodically check these Terms & Conditions on the website for changes or updates.

The User’s continued browsing or using of the website and/or the Services or communicating with CRR by electronic means, shall be accepted as confirmation of their acceptance of such changes. A User cannot browse or use CRR’s website on an on going basis if they do not accept the changes or updates to the Terms & Conditions.

(Version: 01 Oct 2018)
Older versions can be made available upon request by emailing [email protected].