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LEGAL
Khula’s Terms of use
Introduction
Using Khula
Registration
Privacy Policy
Liabillity
Intellectual Property Rights
Accessing Our Site
Updating of terms & conditions
Disclaimer
Viruses, Hacking & Other Offences
Electronic Communication
How To Contact Us
Please read these terms and conditions carefully.
1. Introduction
Thank you for joining KHULA App Pty (Ltd) (“KHULA).
1.1. These Terms of Use as well as other terms and policies (“Terms”) referenced herein, are incorporated by reference and constitute a legally binding agreement whether personally or on behalf of an entity. The terms, policies and standards apply to use and service of the KHULA website, the KHULA mobi site, KHULA web app and KHULA mobile application (“KHULA app and/or app”).
1.2. These terms govern your access and use of the KHULA app. The terms govern bidding, ordering, sale and delivery of Goods and use of the KHULA app.
2. Using KHULA
2.1. You accept the Terms by clicking the "Create Account" button when registering a KHULA account and by otherwise accessing the KHULA app, you indicate that you accept and agree to be bound to these Terms and Conditions. The Terms are binding and enforceable against the party that uses or accesses the KHULA app. If you do not agree to these Terms, you may not access or use the Services.
2.2. By using the KHULA app you agree that you shall:
i) Carry out your activities on the app in compliance with any applicable laws and regulations;
ii) Conduct your activities in accordance with the terms of the app;
iii) Conduct your business transactions in good faith;
iv) Not misrepresent your yourself and identity or affiliation;
v) Not use the KHULA app to defraud any user;
vi) Share or post any threatening, abusive, defamatory, obscene or indecent material;
vii) Post or otherwise communicate any false or misleading material or message of any kind;
viii) Infringe any third-party right; and
ix) Not engage in unlawful activities.
KHULA reserves the right to remove, refuse or delete any content which is unlawful, inappropriate or is a breach of the Terms. We reserve the right to restrict your use of the KHULA app either temporarily or permanently and refuse your registration.
3. Registration
3.1. Registration on the KHULA App:
i) You must be registered on the App to access or use the services;
ii) Upon registration, you must provide a username and password and certain personal information to KHULA in order to create an account. You will need to use your username and password to access the App;
iii) You shall be responsible for maintaining the confidentiality and security of your account;
vi) You shall be responsible for all activities that occur under your account or password;
v) By using the app you warrant that you are 18 years of age or older and have full legal capacity. We do not offer services, or target, persons under the age of 18. We will purge any information we receive from people we believe that we believe to be minors from our database and cancel the corresponding accounts.
4. Privacy Policy
4.1. KHULA is committed to uphold your constitutional right to privacy by safeguarding your personal information and implementing reasonable measures to protect it.
4.2. To better protect your privacy we set out our practices regarding the way your personal information or data is collected and used through the KHULA app. It describes our practices in conjunction with access to the KHULA app. It also explains how and why KHULA collects, uses and shares your personal information.
4.3. The Privacy Policy is part of these Terms. By agreeing to these Terms, you are also consent to the Privacy Policy and warrant that all information and data provided by you is accurate. If you do not comply with any of the Privacy Policy, that will be a breach of the Terms. You are not allowed to use the KHULA platform if you do not agree to this Privacy Policy.
4.4. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
4.5. While using our Service, we may ask you to provide us with your personal information that can be used to contact or identify you which includes but is not limited to:
i) Your name and surname;
ii) Your identification;
iii) Gender;
iv) Race;
v) Email address;
vi) Contact details;
vii) Location information;
viii) Physical address;
ix) Information relating to your company name and VAT number;
x) Social media account details;
xi) Profile pictures;
xii) Your credit card details or any other financial information;;
xiii) Other information defined as “personal information” in terms of the law.
4.6. By sharing your personal information with KHULA you agree that it is
i) true, accurate and lawful;
ii) not false or misleading and
iii) does not violate any applicable laws and regulations.
4.7. In the event that your personal information changes, you are required to inform us and provide us with the updated personal information within 36 hours to enable us to update your personal information. Should your personal information change and affect trading on the site, you are prohibited from trading until your personal information has been updated.
4.8. KHULA strives to ensure that the personal information provided is complete, accurate
and not misleading. You will be required to provide information about your entity, business
or products/services for registration purposes in support of your personal information. By using the KHULA app, you consent to the inclusion of your personal data in our database and authorise KHULA to share your information with other users.
4.9. We reserve the right to remove and/or delete your profile on the KHULA app in the event that you provide inaccurate, irrelevant, out of date, incomplete and misleading personal information.
4.10. KHULA may use your personal data in the following ways:
i) To fulfill your orders;
ii) To provide you with our services;
iii) To provide customer support and technical services on request;
iv) To notify you about changes to or other important about our services;
v) For website and system administration to improve the navigation and content of our site.
vi) For payment processing and fraud prevention;
vii) To provide analysis or valuable information so that we can improve the Service;
viii) To monitor the usage of the Service; and
xi) To detect, prevent and address technical issues.
4.11. In the event that your personal data is used for any purposes other than as set out above: we may require your written consent for such use.
4.12. Your privacy is important to us, as such we do not share your personal information
or data with third parties except as described in this privacy policy. We may share your personal information or data with third parties such as a) business partners, b) certified services providers and any affiliated parties within KHULA’s structure. However, third parties only have access to your personal information to fulfil its function and used in accordance with the Privacy Policy of the jurisdiction where we operate. We will not use your personal data for marketing purposes without your consent and will not disclose data to any independent third parties for such purposes.
4.13. Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.If you are located outside South Africa and choose to provide information to us, please note that we transfer the data, including Personal Data, to South Africa and process it there.Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.Khula app will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
4.14. Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
4.15. Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or
to assist us in analyzing how our Service is used.These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
4.16. Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
4.17. Children's Privacy
Our Service does not address anyone under the age of 18 ("Children").We do not knowingly collect personally identifiable information from anyone under the age
of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
4.18. Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes
by posting the new Privacy Policy on this page.We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
4.19. Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.Examples of Cookies we use:
i) Session Cookies. We use Session Cookies to operate our Service.
ii) Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
iii) Security Cookies. We use Security Cookies for security purposes.
4.20. KHULA may have claims and other rights against you under the Privacy Policy and the Terms.
4.21. We shall comply with applicable legislation in respect of data protection law in the jurisdiction where we operate. This Privacy Policy is subject to the laws of the Republic of South Africa.
5. Liability
5.1. As far as the law allows, the use of the KHULA app is at your own risk and you assume full responsibility for any risk or loss resulting from use of the KHULA services without any warranties of any kind. We do not guarantee the accuracy of the personal information and the content shared by the user.
5.2. The content of this app is based on information available to KHULA. No responsibility is accepted by or on behalf of KHULA for any errors, omissions, or misleading statements. Any information downloaded or obtained through the KHULA app is at your sole discretion and risk.
5.3. We shall not assume any liability for any errors on the KHULA app which are not due
to our gross negligence and shall not be liable for any loss or claim relating to a transaction relating to an error (including but limited to description, video, photograph, images, text, availability, delivery charges or price) except as expressly permitted by law.
5.4. Any views or statements made or expressed on the KHULA app are not necessarily the views of KHULA, its directors, employees and/or agents.
5.5. KHULA hereby excludes to the fullest extent permitted by law, any warranty expressed
or implied, including, without limitation, the warranties of the fitness for a particular purpose, quality, accuracy, timeliness, completeness, performance or availability on the KHULA app and non-infringement of proprietary rights are expressly disclaimed.
5.6. The KHULA app contains materials produced by third parties and we accept no responsibility or liability in respect of any such third party materials. The KHULA app may contain links to third party applications which are outside KHULA’s control. KHULA is not responsible for, and accepts no liability for, the materials appearing on such third party applications and does not endorse such applications or any goods or services referred to therein.
5.7. KHULA shall not be liable for any loss, goodwill or reputation or any special, indirect or consequential damages or any damages ( including not limited to damages for loss of profits, business interruptions and loss of information) which may arise from:
i) Your use or inability to use the KHULA app;
ii) Your reliance upon the content contained on the KHULA app;
iii) Any defect in products, produce or services purchased from a user or and/or any third
party linked to the application;
iv) Any misrepresentation in statement, conduct, photographs or video clips by user of the
KHULA app;
v) Any unavailability or any interruption or delay in access to the application;
vi) Any unlawful activity.
5.8. The app is provided as an information guide only and KHULA is not responsible for any consequences arising out of the use of or reliance on this information, and does not accept any liability for any loss incurred. In particular, nothing herein constitutes specific legal or business advice nor should it be taken as such. Parties in need of such advice are urged
to consult their legal advisers, bankers, brokers, accountants or other professional advisers.
5.9 The App and all Content on the App, including any current or future offer of products
or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors.
5.10 The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability
to access or use the Content or the app or any functionality thereof, or of any linked app,
even if Provider is expressly advised thereof.
5.11 As KHULA, we shall not limit our liability for death or personal injury arising from our negligence or the negligence of our agents.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law.
6. Intellectual property rights
6.1. Our Intellectual Property
All rights, title and interest, including all intellectual property rights are owned by KHULA.
The services and all rights are and shall remain KHULA’s property or the property of KHULA’s licensors. KHULA shall have the right to assign the terms (including the rights, titles, benefits, interest and obligations and duties in the terms to any person or entity).
6.2. Copyright
The copyright inclusive of text, information, data, programme-carry signals, software, icons, programmes, images, photographs, audio clips, video clips, artworks, graphic materials, trade names, logos and any other materials on this KHULA platform are owned by or licensed.
You may print or download extracts from this application for your personal reference only, provided that you may not amend, alter or modify such materials.
6.3. Accessing Our Services
KHULA grants you a limited, non-transferable and non-exclusive licence to access and use on your personal device for sole use of the Services provided KHULA. The use shall not include:
i) Copy, distribute, duplicate, license, adapt, reproduce, modify in whole in part any of the Software or Documentation and derivation use of the service otherwise exploit the Services except as expressly permitted by Law.
ii) Reverse engineer except as expressly permitted by law, decompile or disassemble.
Any rights not expressly granted herein are reserved by KHULA.
7. Accessing Our Site
Access to this KHULA app is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this Application without notice. We reserve the right to discontinue providing the KHULA app with or without notice to you. KHULA may terminate, suspend modify the KHULA app with or without notice to you.We will not be liable if for any reason KHULA app is unavailable at any time or for any period other than for processing any bids and orders made by you prior to such time and to extent possible. You are responsible for making all arrangements necessary for you to have access to this Application. You are also responsible for ensuring that all persons who access this app through your internet connection are aware of these terms, and that they comply with them.
8. Updating of Terms & Conditions
8.1. KHULA reserves the right to change, modify, add or remove from portions or the whole
of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Application. It is your obligation
to periodically check these Terms and Conditions at the Application for changes or updates.
8.2. Your continued use of this app following the posting of changes or updates will be considered notice of the your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
9. Disclaimer
9.1. The material contained on this KHULA app is provided for general information purposes only. While every care and effort has been taken to ensure the accuracy of the information provided, KHULA makes no representation and gives no warranty, express or implied, relating to the correctness of the information on this application. KHULA accepts no responsibility for, and you indemnify KHULA from any loss, liability, damage or expense of whatsoever nature (including but not limited to direct, indirect and consequential loss), arising from reliance on information contained on this app, or otherwise connected with the information on this app [whether arising from breach of contract (fundamental or otherwise), delict, negligence, gross negligence or otherwise].
9.2. Except where otherwise stated, the copyright of all app content is owned by the KHULA. No part of the app contents may be reproduced or transmitted or reused or be made available in any manner or any media, unless prior written consent has been obtained from KHULA. In the event of any dispute of whatever nature arising as a result of the use of the information on this application, the user (including user’s resident outside the Republic of South Africa) accepts that the law of the Republic of South Africa shall apply. By accessing this app and the information contained herein, the user accepts the application of South African law and consents to the jurisdiction of the South African Courts.
10. Viruses, Hacking & Other Offences
10.1 You must not misuse this Application by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful (together “Viruses”). You must not attempt to gain unauthorised access to KHULA app, the server on which our app is stored or any server, computer or database connected to this Application. You must not attack this Application via a denial-of-service attack.
10.2 By breaching this provision, you may commit a criminal offence under the South African Laws.
10.3 We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such
a breach, your rights to use this Application will cease immediately. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this. Application or to your downloading of any material posted on it, or on any application linked to it.
11. Electronic Communication
While using the KHULA app or send emails to us, you agree and consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
12. How To Contact Us
Should have any questions or concerns about these privacy policies, please send us an email at info@khula.co.za
