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Kitzapp - Terms of Use

 

This Terms of Use Agreement governs the relationship between Kitstekens 2000 CC (hereinafter referred to as “our/ we”) and the App User (hereinafter referred to as “you/ your/ yourself”) on which you may make us of our Kitzapp (hereinafter referred to as “the App”) on your mobile phone, tablet or other handheld device (hereinafter referred to as the “device”).

 

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS.

 

By downloading, installing or using the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App immediately.

 

We operate the software underlying and required for your use of the App.

 

1. Availability and minimum requirement

 

We have made this App available to you for your own personal use only and for the purposes of providing you with information of certain services. This App is currently only available in the Republic of South Africa.

 

We reserve the right to limit the availability of the App or any services described therein to any person, geographic area or jurisdiction, at any time and in our sole discretion.

 

In order to use the App, you need to be:

a. eighteen (18) years or older; and

b. have the power to enter into a binding contract with us and are not barred from doing so under any applicable law.

 

The App will only work on compatible devices and operating systems. Certain functionality will only work if your device is connected to the internet and some features may also only be available with certain operating systems.

 

2. Use of your personal information

 

Certain functionality of the App may need to access your device and electronic mail information. By using the App you consent thereto. We take your privacy very serious and will not disclose your information to any third party.

 

3. Amendments, maintenance and repairs

 

We reserve the right to amend the terms and conditions of this Agreement at any time and without notice to you. Any amendments made will be effective immediately which will be posted on www.kitstekens.co.za and you are responsible to regularly familiarize yourself with the most current version. Furthermore, your continued use of the App, following any amendments, constitutes your acceptance of such amendments.

 

We also reserve the right to amend the App, including but not limited to eliminating or discontinuing any content or feature of the App. You may be required to download the updated version if you wish to continue usage of the App. We do not guarantee that the updated version and/or amendments will function with the system version, such as Android and iOS, that is currently installed on your device.

 

Access to the App may be suspended temporarily during amendments, system failure, maintenance, repairs or for any reason beyond our control and we shall not be liable for any loss which may be suffered or incurred by you as a result of any suspension of and/or interruption to the operation of the App.

 

4. Usage of the App and restriction on use

 

The App and other information, forms and materials provided through the App, including any date, text, graphics, images, audio and video clips, logos, icons and links (hereinafter referred to as “the materials”) are intended to inform you of certain available services.

 

You grant us the right to allow the App to use the processor, bandwidth and storage hardware on your device in order to facilitate the operation thereof.

 

You must refrain from:

a. Using the App or the material to engage in any act of fraud, misrepresentation criminal behavior or other unethical behavior;

b. Transmitting any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, vulgar, racist, sexist, discriminatory, offensive, menacing, untrue or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;

c. Transmitting any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature onto the App;

d. Modifying, adapting, sub-licensing, republishing, copying, reproducing, uploading, distributing, translating, selling, reverse engineering, decompiling, recompiling or disassembling any portion of the App;

e. Removing or altering any copyright, trademark or other proprietary rights contained in the App;

f. "Framing" or "mirroring" any part of the App without our prior written authorization;

g. Linking to any page of or content on the App other than the URL located at http://www.kitstekens.co.za;

h. Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;

i. Impersonating any other person or body or misrepresenting a relationship with any person or body;

j. Making yourself guilty of behavior that is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; and

k. Using the App in connection with any commercial endeavors.

 

The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (hereinafter referred to as “the Operator”). Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator. You and we acknowledge that these Terms of Use are concluded between you and Kitstekens only, and not with the Operator, and we, not the Operator, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and Kitstekens acknowledge that the Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App and also acknowledge that we, not the Operator, are responsible for addressing any claims relating to the App or your possession and/or use of the App.

 

The function of the App will require an active internet connection. The connection can be Wi-Fi, or provided by your network provider, but Kitstekens cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you are using the App outside of an area with Wi-Fi, you should remember that your agreement with your network provider will still apply. As a result, you may be charged by your network provider for the cost of data for the duration of the connection while accessing the App. In using the app, you’re accepting responsibility for any such charges, including but not limited to roaming data charges. If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the app.

 

5. Our responsibilities and limitation of liability

 

We endeavor to ensure that the App is available twenty-four (24) hours a day. A possibility exists that the App could include inaccuracies or errors. Although we attempt to ensure the integrity of the App, we make no guarantees as to the App’s completeness or correctness. In the event that a situation arises in which you are dissatisfied with the App, your sole and exclusive remedy is to uninstall any App software from you device and stop using it.

 

We do not accept any responsibility for:

a. malfunctions in communications facilities which cannot reasonably be considered to be under our control;

b. any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;

c. viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using the App;

d. any unauthorized use or interception of any message or information before it reaches the App or our servers from the App; and

e. delay in use or inability to use the App or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;

 

We provide a platform for third parties in order to make products and services available to you and therefore we rely on third parties to provide information. We do not accept any liability for any loss, direct or indirect, you experience as a result of relying on this functionality of the App. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damages caused by errors or omissions of any information provided to you by the App.

 

If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The third party is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse will be against the third party.

 

You hereby releases Kitstekens as well as its directors, shareholders, agents and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any third party, or between you and other App users.  

 

7. Links

 

The App may contain links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by the App. We have not reviewed all of the web sites that are or may be linked to the App, and we have no control over such sites. Unless otherwise explicitly stated, we are not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Kitstekens offers such links does not indicate any approval or endorsement of any material and/or information contained on any of the linked sites. We provide these links to you as a convenience. Accordingly, we strongly encourage you to become familiar with the terms and conditions of any such linked sites. Further, it is up to you to take precautions to ensure that whatever links you select is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

 

If you have any queries, concerns or complaints about such linked websites (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to that linked website.

 

8. Ownership of the App

 

The App is owned and operated by Kitstekens, (and any intellectual property and other rights relating thereto) are and will remain our property. The materials and the selection, compilation, collection, arrangement and assembly thereof are protected by copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the App or the materials.

 

9. Trademark and copy right

 

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material as well as the trade marks, logos, design marks, slogans, service marks and name displayed on the App are owned by Kitstekens. The aforementioned, whether registered or unregistered, may not be used in connection with any product or service that is not connected to Kitstekens. Nothing contained on the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the mentioned without the express written permission of Kitstekens or the third party owner of any such mentioned herein. Misuse thereof is prohibited, and Kadima will aggressively enforce its intellectual property rights. All rights are strictly reserved.

 

If you print off, copy or download any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

10. Claims of copyright infringement

 

If you believe in good faith that materials hosted by the App infringe your copyright, your or your representative may send us a notice requesting that the material be removed, to info@kitstekens.co.za.

 

The notice must include the following information:

a. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed;

c. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the App; and

d. Name, address, telephone number and email address of the complaining party.  

 

11. Termination, suspension and restriction

 

We may terminate or suspend your access to the App, temporarily or permanently at any time and without notice or any liability to you. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. Upon restriction or termination of your use of the App, you must not attempt to use or access the App under any other name or user or on any other device and you will be required to delete the App from all your devices.

 

12. Disclaimers

 

The App, material, product or service obtained through the App are provided “as is” and without warranties of any kind, either express or implied to the fullest extent permissible by the applicable law. Kitstekens as well as its directors, shareholders, agents and employees disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.

 

13. Miscellaneous

 

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Kitstekens relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements. This Agreement is not assignable, transferable or sublicenseable by you except with the prior written consent of Kitstekens. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The singular includes the plural.

 

Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in these Terms of Use. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 

This Agreement and any access to or use of the App will be governed by the laws of the Republic of South Africa.

 

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These Terms of Use were most recently updated on 31 August 2019

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