1. RECORDAL
1.1. Astrea has developed and operates an online platform intended to assist persons with the administrative preparation, compilation and management of applications made to the Master of the High Court for the appointment of an administrator in terms of section 60 of the Mental Health Care Act, 17 of 2002 ("MHCA").
1.2. The User wishes to make use of the Platform and/or the Services for purposes of preparing such an application.
1.3. Astrea is willing to provide the Services to the User on and subject to the terms and conditions contained herein.
1.4. The User acknowledges that the statutory power to consider an Application, require an investigation, appoint an investigator, appoint or decline to appoint an administrator, refer a matter to a High Court Judge in chambers, and otherwise administer the statutory process vests in the Master of the High Court and/or the competent court, as applicable, and not in Astrea.
1.5. The Parties accordingly record the terms upon which the User may access and use the Platform and upon which Astrea shall render the Services.
1.6. These Terms apply to all use of the Platform and all Services provided by Astrea, whether accessed through the Website, applicant portal, dashboard, email communications or otherwise.
2. ACCEPTANCE AND BINDING EFFECT
2.1. The User shall be deemed to have accepted and agreed to be bound by these Terms upon the earliest of the User:
2.1.1. registering an account on the Platform;
2.1.2. selecting any checkbox or electronic acknowledgement confirming acceptance of these Terms;
2.1.3. submitting an Application;
2.1.4. making payment of any Fee to Astrea; or
2.1.5. making use of any Service.
2.2. The User warrants that the User has been afforded a reasonable opportunity to read and understand these Terms prior to accepting them.
2.3. Where the User acts on behalf of another person, the User warrants that the User is lawfully entitled to do so to the extent required for the particular action concerned.
2.4. No person under the age of 18 (EIGHTEEN) years may submit an Application through Astrea.
3. INTERPRETATION
3.1. In these Terms, clause headings are for convenience only and shall not be used in their interpretation and, unless the context clearly indicates a contrary intention:
3.1.1. an expression which denotes any gender includes the other genders;
3.1.2. a natural person includes an artificial or juristic person and vice versa;
3.1.3. the singular includes the plural and vice versa.
3.2. The following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
"Applicant" means the person making the application contemplated in section 60 of the MHCA;
"Application" means an application for the appointment of an administrator prepared using the Platform;
"Application Pack" means the customised electronic pack generated by Astrea from information supplied by the User, which may include prescribed forms, checklists, instructions, supporting documents and a submission memorandum;
"Astrea" means Astrea Holdings Proprietary Limited, registration number 2026/692250/07;
"Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
"Courier" means any independent courier or legal courier appointed or facilitated by Astrea for collection and/or delivery of an Application Pack;
"CPA" means the Consumer Protection Act, 68 of 2008, as amended;
"Data Protection Laws" means POPIA and all applicable South African statutes, regulations, directives and binding requirements governing privacy and data protection;
"ECTA" means the Electronic Communications and Transactions Act, 25 of 2002, as amended;
"Fee" means the amount charged by Astrea for the Services;
"Master" means the relevant Master of the High Court having jurisdiction in respect of the Application;
"MHCA" means the Mental Health Care Act, 17 of 2002, as amended;
"Patient" means the person in respect of whose property the appointment of an administrator is sought;
"Personal Information", "Processing" and "Special Personal Information" bear the meanings ascribed thereto in POPIA;
"Platform" means Astrea's website, online application facility, applicant dashboard, administrative systems and related software;
"POPIA" means the Protection of Personal Information Act, 4 of 2013, as amended;
"Proposed Administrator" means the person proposed for appointment as administrator;
"Services" means the services contemplated in clause 5;
"Terms" means these Terms and Conditions of Use and Service together with any document expressly incorporated herein;
"Themis" means Themis Legal Consulting Proprietary Limited;
"User" means any person accessing the Platform and, where applicable, the Applicant;
"Website" means the website operated by Astrea and any successor domain.
3.3. Any reference to legislation is a reference to that legislation as amended, substituted or re-enacted from time to time.
3.4. If any provision contained in a definition confers rights or imposes obligations, effect shall be given thereto as if it were a substantive provision.
3.5. The use of the word "including" shall not be construed as limiting the generality of preceding wording.
3.6. If a number is expressed in figures and words and there is a conflict, the words shall prevail.
3.7. The rule of construction that an agreement shall be interpreted against the party responsible for drafting it shall not apply to the extent permitted by law.
4. PURPOSE AND SCOPE OF THE PLATFORM
4.1. The Platform is intended to simplify the administrative preparation and organisation of an Application.
4.2. Astrea does not replace the Master, any court, medical practitioner, investigator, attorney, Commissioner of Oaths, financial institution or other person whose participation may be required by law or by the circumstances of an Application.
4.3. Use of the Platform does not guarantee that:
4.3.1. an Application is legally sufficient in every individual circumstance;
4.3.2. the Master will accept an Application;
4.3.3. the Master will appoint an administrator;
4.3.4. the Proposed Administrator will be appointed;
4.3.5. an investigator will or will not be appointed;
4.3.6. an Application will be processed within a particular period;
4.3.7. any particular Master's Office will follow a particular administrative practice; or
4.3.8. the User will achieve any particular legal, financial or administrative outcome.
5. SERVICES
5.1. Subject to these Terms and payment of the applicable Fee, Astrea may:
5.1.1. provide access to an electronic questionnaire and application workflow;
5.1.2. collect information required for preparation of the Application;
5.1.3. permit upload of documents;
5.1.4. use information supplied by the User to populate prescribed or supporting forms;
5.1.5. generate an Application Pack;
5.1.6. provide checklists and administrative instructions concerning signature, commissioning and supporting documentation;
5.1.7. provide an applicant dashboard;
5.1.8. provide status notifications based on information actually available to Astrea;
5.1.9. facilitate collection of completed original documentation through a Courier; and
5.1.10. provide such ancillary administrative services as Astrea may make available from time to time.
5.2. Astrea may improve, amend or replace the format of any generated document, workflow or feature from time to time, provided that such amendment shall not materially deprive the User of Services already paid for.
6. NO ATTORNEY-CLIENT RELATIONSHIP OR LEGAL REPRESENTATION
6.1. The Services comprise document preparation, administrative facilitation and workflow assistance.
6.2. Any explanatory information made available through the Platform is general information intended to assist Users to understand the administrative process and shall not constitute legal advice tailored to the User's particular circumstances.
6.3. Nothing on the Platform creates an attorney-client, fiduciary, agency, partnership or joint venture relationship between the User and Astrea.
6.4. Where a matter requires legal advice beyond the scope of the Services, Astrea may recommend that the User obtain independent legal advice.
6.5. Any legal services rendered by Themis or any other legal practitioner shall be governed by a separate written mandate or engagement.
7. USER INFORMATION AND WARRANTIES
7.1. The User warrants that all information supplied to Astrea:
7.1.1. is true, complete and accurate in all material respects;
7.1.2. is not misleading by omission;
7.1.3. has been supplied in good faith;
7.1.4. may lawfully be provided to Astrea for the purposes contemplated herein; and
7.1.5. will be corrected promptly if the User becomes aware that any information is inaccurate or incomplete.
7.2. The User acknowledges that Astrea relies upon the information supplied by the User when generating documents.
7.3. Astrea shall not be obliged independently to investigate, authenticate or verify every statement, document or representation supplied by the User.
7.4. The User shall carefully review all generated documents before signature.
7.5. If the User identifies an error, the User shall notify Astrea before signing, commissioning or submitting the affected document.
7.6. The User shall not deliberately submit false, fraudulent, altered or misleading information.
7.7. The User remains responsible for the factual content of the Application notwithstanding that Astrea assisted in generating the documentation.
8. INFORMATION CONCERNING THIRD PARTIES
8.1. The User acknowledges that an Application may require Personal Information relating to persons other than the User, including the Patient, Proposed Administrator, spouse, next of kin, medical practitioners, carers and other persons.
8.2. The User warrants, to the extent reasonably applicable, that the User has a lawful basis for supplying such information to Astrea for purposes of preparing and administering the Application.
8.3. The Platform shall not be used to obtain, collect or disclose Personal Information for an unlawful, fraudulent, malicious or unrelated purpose.
9. MEDICAL AND SPECIAL PERSONAL INFORMATION
9.1. The User acknowledges that Astrea may process Special Personal Information, including information concerning the Patient's health and mental health, together with financial and identity information.
9.2. Such information shall be processed only for legitimate purposes connected with the Services, preparation of the Application, administration of the User account, compliance with law and such other purposes identified in Astrea's Privacy Notice.
9.3. Astrea shall process Personal Information in accordance with applicable Data Protection Laws and its Privacy Notice.
10. USER ACCOUNT AND SECURITY
10.1. The User is responsible for maintaining the confidentiality of the User's login credentials.
10.2. The User shall use a strong password, shall not disclose credentials to an unauthorised person and shall notify Astrea promptly upon becoming aware of suspected unauthorised access.
10.3. Astrea may suspend access where it reasonably suspects fraud, unauthorised access, misuse or a security compromise.
11. APPLICATION PACK
11.1. The Application Pack is generated using information supplied by the User.
11.2. The User shall:
11.2.1. download the complete Application Pack;
11.2.2. print documents in accordance with the supplied instructions;
11.2.3. review every document;
11.2.4. sign only where indicated;
11.2.5. have documents commissioned where required;
11.2.6. include all required documentation;
11.2.7. include optional supporting documentation where reasonably available and relevant; and
11.2.8. ensure that the original pack is complete before requesting Courier collection.
11.3. The User shall not assume that a document is correctly completed merely because it has been generated electronically.
11.4. Astrea may regenerate documents where an error is identified before submission.
12. THE MASTER'S STATUTORY PROCESS
12.1. The User acknowledges that the statutory process is governed by the MHCA.
12.2. The Master may, depending upon the circumstances and applicable statutory requirements, appoint an administrator without an investigation, appoint an interim administrator, cause an investigation to be undertaken, request further information or exercise such other powers as may lawfully be available.
12.3. Astrea does not control:
12.3.1. allocation of the Application within a Master's Office;
12.3.2. which Assistant Master or official considers the matter;
12.3.3. whether an investigator is appointed;
12.3.4. who is appointed as investigator;
12.3.5. the manner in which any investigation is undertaken;
12.3.6. extensions granted to an investigator;
12.3.7. requests for further information;
12.3.8. administrative workloads;
12.3.9. interpretation of evidence;
12.3.10. any decision of the Master or a court; or
12.3.11. the period within which any external authority performs a function.
12.4. Astrea gives no undertaking that a statutory period reflected in legislation will result in the entire Application being finalised within that period.
13. LIMITED VISIBILITY AFTER LODGEMENT
13.1. Following lodgement, Astrea may therefore not know:
13.1.1. which Assistant Master has been allocated the matter;
13.1.2. whether an investigator has been appointed;
13.1.3. the identity of an investigator;
13.1.4. the progress of an investigation;
13.1.5. whether correspondence has been issued directly to another person;
13.1.6. when an investigation report has been submitted; or
13.1.7. when a decision will be made.
13.2. Any status reflected on the Platform after lodgement shall be based solely on information actually available to Astrea.
13.3. The absence of a status update shall not constitute a representation that the Master's Office has taken no action.
14. THEMIS LEGAL CONSULTING AND INVESTIGATIONS
14.1. Astrea and Themis are separate juristic persons.
14.2. Nothing in these Terms constitutes an appointment of Themis as investigator or a representation that Themis will be appointed.
14.3. Astrea may include in the Application Pack a memorandum recording that Themis is available to act as investigator should the Master, in the exercise of the Master's lawful discretion, consider such appointment appropriate.
14.4. Any appointment of Themis shall arise only from a lawful appointment or mandate issued by the competent authority.
14.5. Neither Astrea nor Themis represents that it has any preferential, exclusive or special relationship with any Master's Office.
15. COURIER SERVICES
15.1. Astrea may facilitate collection and delivery of the completed original Application Pack by an independent Courier.
15.2. The User shall ensure that the pack is complete, securely packaged, available at the agreed address, handed to the correct Courier and accompanied by the required documents.
15.3. Astrea may rely upon collection and delivery information supplied by the Courier.
15.4. Astrea shall use reasonable endeavours to appoint reputable service providers but does not warrant that an independent Courier will never experience loss, theft, delay, accident, service interruption or misdelivery.
15.5. Nothing in this clause limits liability which applicable law does not permit Astrea to exclude.
16. FEES
16.1. The Fee payable shall be the amount displayed on the Platform at the time the User places the order or otherwise agreed in writing.
16.2. Astrea may alter its Fees from time to time, provided that an increase shall not retrospectively apply to Services already fully paid for.
16.3. Additional Services outside the standard scope may be separately quoted.
17. PAYMENT BY ELECTRONIC FUNDS TRANSFER
17.1. Unless another payment method is expressly introduced, payment shall be made by EFT into Astrea's nominated account.
17.2. The User shall use the payment reference prescribed by Astrea.
17.3. Uploading proof of payment does not constitute confirmation that cleared funds have been received.
17.4. Astrea may withhold further processing or release of documents until payment has been verified.
17.5. The User bears responsibility for ensuring payment is made into the correct account.
17.6. Where purported amended banking details are received, the User shall independently verify those details through an official Astrea communication channel before paying.
18. COMMENCEMENT OF SERVICES
18.1. The User expressly requests that Astrea may commence performance of the Services once the applicable payment and submission requirements have been satisfied.
18.2. The User acknowledges that the Services involve preparation of documents customised to the User's Application.
18.3. Nothing in these Terms excludes any cooling-off, cancellation or consumer right which may not lawfully be excluded.
19. CANCELLATIONS AND REFUNDS
19.1. A User may request cancellation by written notice to Astrea.
19.2. Where Astrea has not commenced substantive performance, Astrea shall deal with cancellation and refund requests in accordance with applicable law and its Refund and Cancellation Policy.
19.3. Where material personalised performance has already commenced, Astrea may retain such portion of the Fee as is lawful and reasonable having regard to work performed, resources committed and non-recoverable third-party costs.
19.4. No provision of this clause limits a statutory right arising from defective services or another right which may not lawfully be excluded.
20. APPLICATION OUTCOME
20.1. Astrea does not sell or guarantee a legal outcome.
20.2. An unsuccessful Application does not, by itself, establish defective performance by Astrea.
21. THIRD-PARTY REQUIREMENTS
21.1. The Master, court, investigator, Commissioner of Oaths, financial institution or another person may require further documents, revised forms, additional affidavits, original documentation, additional medical information, security, interviews or explanations.
21.2. Such requirement shall not automatically constitute a failure by Astrea to perform the Services.
22. PLATFORM AVAILABILITY
22.1. Astrea shall use reasonable endeavours to maintain availability and functionality of the Platform.
22.2. Astrea does not warrant uninterrupted or error-free availability.
22.3. The Platform may temporarily be unavailable due to maintenance, updates, telecommunications failures, hosting failures, cyber incidents, electricity interruptions or circumstances beyond Astrea's reasonable control.
22.4. Astrea may temporarily suspend functionality where reasonably necessary to protect the Platform, Users or Personal Information.
23. PROHIBITED USE
23.1. The User shall not:
23.1.1. attempt to access another person's account;
23.1.2. interfere with Platform security;
23.1.3. introduce malicious software;
23.1.4. unlawfully reverse-engineer or scrape the Platform;
23.1.5. use the Platform for fraud or unlawful conduct;
23.1.6. submit forged documentation;
23.1.7. impersonate another person;
23.1.8. interfere with another User's use of the Platform; or
23.1.9. use Astrea's Intellectual Property without authorisation.
24. INTELLECTUAL PROPERTY
24.1. All Intellectual Property in the Platform, software, workflows, branding, designs, original templates, databases and proprietary materials developed by or for Astrea remains vested in Astrea or its licensors.
24.2. The User receives a limited, non-exclusive and non-transferable right to use documents generated for that User for purposes reasonably connected with the Application.
24.3. Astrea claims no ownership over original documents or Personal Information uploaded by the User.
25. ELECTRONIC COMMUNICATIONS
25.1. The User consents to receiving transactional communications concerning account registration, verification, payment, Application status, document generation, Courier arrangements, security and material service notices.
25.2. Transactional communications are distinct from direct marketing.
25.3. Direct marketing shall be conducted only in accordance with applicable law.
26. CONFIDENTIALITY
26.1. Astrea shall treat confidential information received through the Services as confidential and shall not disclose it except where reasonably necessary to perform the Services, with lawful authority, to appropriately bound service providers, where required by law or as otherwise described in the Privacy Notice.
26.2. The obligations in this clause shall survive termination to the extent necessary to give them effect.
27. WARRANTIES BY ASTREA
27.1. Astrea warrants that it shall use reasonable care and skill in rendering the Services.
27.2. Save for warranties which cannot lawfully be excluded, no warranty is given regarding:
27.2.1. the outcome of an Application;
27.2.2. processing time by external persons;
27.2.3. identical administrative practices at all Master's Offices;
27.2.4. accuracy of information supplied by the User; or
27.2.5. continuous availability of third-party services.
28. IMPORTANT – LIMITATION OF LIABILITY
28.1. Nothing in these Terms excludes or limits liability which may not lawfully be excluded or limited.
28.2. Subject to clause 28.1 and to the fullest extent permitted by law, Astrea shall not be liable for indirect, special, incidental or consequential loss, including loss of opportunity, anticipated financial benefit or loss resulting solely from delay by an external authority.
28.3. Subject to applicable law, Astrea shall not be liable for loss arising from:
28.3.1. inaccurate, incomplete or misleading information supplied by the User;
28.3.2. the User signing or submitting a document despite a material error reasonably apparent upon review;
28.3.3. failure by the User to comply with Application Pack instructions;
28.3.4. acts or omissions of the Master or any court;
28.3.5. acts or omissions of an independently appointed investigator;
28.3.6. Master's Office delays;
28.3.7. a decision to appoint or decline to appoint an administrator;
28.3.8. additional requirements imposed by a competent authority;
28.3.9. unauthorised access caused by the User's failure to secure credentials; or
28.3.10. a third-party event beyond Astrea's reasonable control.
28.4. Subject to applicable law, Astrea's aggregate liability arising from a particular Application shall not exceed the greater of:
28.4.1. the total Fee actually paid to Astrea in respect of that Application; or
28.4.2. such greater amount as applicable law determines may not lawfully be excluded or limited.
28.5. The limitation in clause 28.4 shall not apply to gross negligence, wilful misconduct or liability which applicable law prohibits Astrea from limiting.
29. IMPORTANT – USER INDEMNITY
29.1. Subject always to applicable law, the User indemnifies and holds Astrea, its directors, officers, employees and authorised service providers harmless against direct claims, losses, penalties, costs and expenses reasonably incurred arising from:
29.1.1. fraudulent information deliberately supplied by the User;
29.1.2. documentation which the User knew to be forged or unlawfully obtained;
29.1.3. unlawful disclosure by the User of third-party Personal Information;
29.1.4. deliberate misuse of the Platform;
29.1.5. infringement of third-party rights caused by material uploaded by the User; or
29.1.6. a material breach of these Terms by the User.
29.2. The indemnity shall not apply to the extent that the relevant loss was caused by Astrea's own unlawful conduct, negligence or breach where liability cannot lawfully be excluded.
30. FORCE MAJEURE
30.1. If Astrea is prevented, restricted or delayed directly or indirectly from performing an obligation due to circumstances beyond its reasonable control ("Force Majeure Event"), Astrea shall be relieved from the affected obligation for the period and to the extent of such prevention, restriction or delay.
30.2. Force Majeure Events may include natural disasters, fire, flood, widespread telecommunications failure, hosting failure, civil disturbance, strike, governmental action, court order, widespread cyber incident, epidemic or comparable event beyond reasonable control.
30.3. Astrea shall use reasonable endeavours to mitigate the effect of the Force Majeure Event.
31. CONSUMER PROTECTION SAVINGS
31.1. These Terms shall at all times be interpreted subject to applicable mandatory consumer protection legislation.
31.2. Nothing herein:
31.2.1. waives a right which the User may not lawfully waive;
31.2.2. excludes a liability which Astrea may not lawfully exclude;
31.2.3. seeks to override the CPA; or
31.2.4. prevents the User from approaching a regulator, tribunal, ombud or court where entitled to do so.
31.3. If any provision is found to be unfair, unreasonable, unjust or unenforceable, that provision shall be limited or severed to the minimum extent necessary while preserving the remainder.
32. SUSPENSION AND TERMINATION
32.1. Astrea may suspend or terminate a User's access where the User materially breaches these Terms, uses the Platform unlawfully, commits or attempts fraud, compromises Platform security or creates a material risk to Astrea, another User or a third party.
32.2. Where reasonably practicable and appropriate, Astrea shall permit a remediable breach to be remedied.
32.3. Termination shall not affect accrued rights or provisions intended to survive termination.
33. COMPLAINTS
33.1. Complaints concerning the Services may be directed to Astrea at the contact particulars published on the Website.
33.2. Astrea shall use reasonable endeavours to investigate and respond within a reasonable period.
33.3. Nothing herein prevents the User from exercising a statutory right of complaint.
34. DOMICILIUM AND NOTICES
34.1. Astrea chooses the address published on its Website as its domicilium citandi et executandi for purposes of these Terms.
34.2. The User chooses the physical and electronic addresses supplied in the User's account as the User's addresses for notices.
34.3. Any notice required under these Terms shall be in writing and may validly be given by email.
34.4. Either Party may change its chosen address by written notice.
34.5. A notice actually received shall constitute adequate notice notwithstanding that it was not delivered strictly in accordance with this clause.
35. GOVERNING LAW AND JURISDICTION
35.1. These Terms and all matters arising therefrom shall be governed by the laws of the Republic of South Africa.
35.2. Subject to any mandatory statutory right of the User to approach another competent forum, the Parties submit to the jurisdiction of the courts of the Republic of South Africa.
36. GENERAL
36.1. These Terms, the Privacy Notice and any document expressly incorporated by reference constitute the entire agreement between Astrea and the User relating to the standard Services.
36.2. No failure or delay by Astrea to enforce a provision shall constitute a waiver.
36.3. Any waiver shall be effective only to the extent expressly given.
36.4. Each provision shall be severable.
36.5. If any provision is invalid or unenforceable, the remaining provisions shall remain in full force and effect.
36.6. Nothing in these Terms creates a partnership, employment relationship, agency or joint venture between Astrea and the User.
36.7. Clauses dealing with confidentiality, Personal Information, Intellectual Property, liability, indemnities and accrued rights shall survive termination to the extent necessary to give them effect.
37. AMENDMENTS
37.1. Astrea may amend these Terms from time to time where reasonably necessary due to legislative changes, regulatory requirements, security requirements, changes to the Platform or changes to the Services.
37.2. Material amendments affecting existing Users shall be communicated through the Platform or by email where reasonably appropriate.
37.3. An amendment shall not retrospectively alter the version recorded as having been accepted in relation to an already submitted Application.
38. ELECTRONIC ACCEPTANCE
38.1. The Parties agree that electronic acceptance, electronic records and data messages may be used in connection with these Terms to the extent permitted by law.
38.2. Astrea may retain an electronic record of the version accepted, date and time of acceptance, User account, Application, relevant consent records and transaction information.
38.3. Such records may constitute evidence of the electronic transaction, subject to applicable law.
39. IMPORTANT USER ACKNOWLEDGEMENTS
39.1. Prior to final submission, Astrea may require the User separately to acknowledge:
39.1.1. the accuracy of information supplied;
39.1.2. the Processing of sensitive information;
39.1.3. the Master's discretion and absence of a guaranteed outcome;
39.1.4. Astrea's limited visibility after lodgement;
39.1.5. the limitation of liability and indemnity provisions; and
39.1.6. acceptance of these Terms and the Privacy Notice and commencement of the Services.
Version: 1.1
Effective date: 22 August 2026