Terms and Conditions

 

1. Introduction

 

www.kite.org.za Kite Capital Pty Ltd ("Kite," "Kite Capital" "we," "us," and "our") provides this web site (the "Web Site") subject to these Terms of Use and all modifications thereto ("Terms of Use"). "You", "you" and "your" refer to each company, supplier, or person that uses this Web Site. All personal information collected through this Web Site is subject to our Privacy Statement which is incorporated herein by reference.

 

1.2. Acceptance of Terms Through Use

 

BY ENTERING AND USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THIS TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS WEB SITE. WE MAY, AT OUR SOLE DISCRETION, UPDATE OR REVISE THIS TERMS OF USE AT ANY TIME. ANY UPDATES OR REVISIONS OF THIS TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEB SITE. PLEASE CHECK THIS TERMS OF USE PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEB SITE FOLLOWING THE POSTING OF ANY UPDATES OR REVISIONS TO THIS TERMS OF USE CONSTITUTES CONFIRMATION OF YOUR ACCEPTANCE OF THIS TERMS OF USE AS UPDATED OR REVISED.

 

1.3. License

 

Kite Capital grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Kite Capital Web Site. Further, Kite Capital grants you a limited, nonexclusive and revocable right to create a hyperlink to the Kite Capital Web Site, provided your link does not portray Kite Capital, its affiliates, the Kite Capital suppliers, or their respective goods or services in a false, misleading, derogatory, or otherwise offensive manner.

 

1.4. Electronic Communications

 

You agree that we may communicate with you electronically by way of e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

1.5. Conditions and Restrictions of Use

 

Use of this Web Site is governed by this Terms of Use. You agree to comply with all procedures, rules and policies established by us (and communicated electronically by us to you by way of e-mail or by posting notices on this Web Site), and all applicable national, provincial, and local laws and regulations, including without limitation, the Copyright Act, 1978 (Act No. 98 of 1978), as amended up to Copyright Amendment Act 2002 and Electronic Communications Act, 2005 of South Africa. You agree to use this Web Site only for lawful purposes.

 

You agree that you are responsible for obtaining access to the Web Site, including, but not limited to any third-party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Web Site.

 

You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages or other material ("User Content") that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (2) constitutes a breach of any person's privacy or publicity rights; (2i) violates any statute, regulation or ordinance; (iv) promotes software or services that deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities that risk United States national security.

 

You may not upload, post, e-mail or otherwise transmit any User Content on or through the Web Site that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Web Site or with other users of this Web Site, (2) is knowingly untrue, inaccurate or misleading, or (2i) interferes with the operation of the Web Site in any manner.

 

You further agree that you will not:

 

Impersonate any person or entity, including, but not limited to, a Kite Capital officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;

 

Infiltrate or otherwise seek to gain unauthorised access to, or compromise the integrity of, the Web Site;

 

Harvest, collect or store information about the users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;

 

Use any automated procedure to gather information or data from the Web Site by means of what is commonly called a "bot" or otherwise;

 

Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site);

 

Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site; or

 

Duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.

Kite Capital may, at its sole discretion, suspend or terminate your access to this Web Site, without prior notice, if Kite Capital believes that your conduct fails to conform to this Terms of Use.

 

1.6. Intellectual Property

 

Nothing within the Terms of Use and this Web Site shall be construed as conferring any license under the Terms of Use of any of Kite Capital's intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Web Site is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Web Site. You agree not to use any of the trademarks or service marks or other content accessible through this Web Site for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Web Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web Site or any software or programs used in connection with this Web Site. Kite Capital will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Kite Capital's materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

1.7. Claims of Copyright Infringement and Other Disputes

 

If you believe that a Product infringes upon your copyrighted works, please contact us using the procedure set forth at www.kite.org.za. If you notify Kite Capital of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, User Content and other material on the Kite Capital Web Site (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, Kite Capital may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Kite Capital Web Site. Kite Capital may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (2) if such disclosure is necessary or appropriate to operate the Kite Capital Web Site; or (2i) to protect the rights or property of Kite Capital and its officers, directors, employees, agents, third-party content providers, Kite Capital Suppliers, sponsors, and licensors and any other user.

 

1.8. Unsolicited Idea Submission Policy

 

In order to avoid potential misunderstandings or disputes when Kite Capital's services or marketing strategies might seem similar to ideas submitted to Kite Capital, we adhere to a strict policy of not accepting unsolicited ideas. Kite Capital or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, techniques, methods, systems, designs, plans, charts, concepts, other materials, marketing plans or new service names. Please do not send any original creative artwork, suggestions, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials to Kite Capital or anyone at Kite Capital. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter or transmission says, such submissions will be considered non-confidential and non-proprietary, provided, however, that the foregoing shall not apply to personal (as opposed to technical or business) information that identifies an individual and that is subject to our Privacy Policy contained elsewhere on this site. In addition, such submissions will automatically become the property of Kite Capital, without compensation to you, and Kite Capital will have no obligations with respect to such submissions.

1.9. Links to other Websites

 

Although this Web Site may be linked to other web sites, Kite Capital is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web site, unless specifically stated herein. Kite Capital is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their web sites. Kite Capital does not assume any responsibility or liability for the actions, Products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use or any web site which you access through a link from this Web Site. You linking to any other off-site pages or other web sites is at your own risk.

1.10. Additional Terms

 

If any provision of this Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect. If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified. Notwithstanding anything herein to the contrary, the "Warranty Disclaimer" and the "Limitation of Liability" language shall survive the termination of this Terms of Use.

 

The provisions of this Terms of Use will inure to the benefit of and be binding upon Kite Capital and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

 

You and the persons you represent may not assign this Terms of Use or the rights and obligations under this Terms of Use without the express prior written consent of Kite Capital, which may be withheld in Kite Capital's sole discretion.

 

Kite Capital may assign this Terms of Use and its rights and obligations under this Terms of Use without your consent or the consent of any persons you represent.

 

Nothing contained in this Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures and partners for any purpose.

 

Kite Capital's FAILURE TO ENFORCE ANY PROVISION OF THE TERMS OF USE OR TO ACT WITH RESPECT TO A BREACH OF THE TERMS OF USE BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF Kite Capital's RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF Kite Capital's RIGHT TO ENFORCE SUCH PROVISION.

1.11. Addresses

 

Kite Capital - according to the details mentioned on the www.kite.org.za website

Contact section

2. PAYMENT SERVICES

 

2.1. Acceptance of Payment Terms

By using this Website or by using our Services, you agree to these Payment Terms stipulated by us.

 

These Payment Terms apply to your use of the Kite Capital Service. The Payment Terms constitute a legally binding agreement between you and Kite Capital. Kite Capital's Terms of Use, Privacy Statement, and Prohibited Products List are hereby incorporated into the Agreement by reference. You shall review the Payment Terms in their entirety before using our Service.

 

2.2. Description of our Services

Our main service is training. As part of our Service, we will store information that you give us, including your Payment Instrument. We will use this information to process your payment through the appropriate Card network or bank. We use a third party payment processing company called 2checkout. https://www.2checkout.com/

 

Under this arrangement 2checkout provides payment processing and payment transaction settlement services to you, on behalf of Kite Capital. Kite Capital is not a party to your purchase processing arrangement of any product or service from 2checkout. Kite Capital is a Seller. Kite Capital does not assume liability over the payment processing between you and 2checkout.

 

2checklout may conduct fraud and other background checks. May delay the processing of Payment Transactions that appear suspicious or involve fraud or other misconduct. May also delay the processing of Payment Transactions that are illegal or violate the Payment Terms or other 2checkout policies. Kite Capital does not involve itself in these processes

2.3. Use of our Services

You shall use the Service in accordance with the Agreement.

 

2.4. Payment Methods

You shall provide us with an accurate and correct Payment Instrument to complete your Payment Transactions with Kite Capital. If you fail to provide us with an accurate Payment Instrument, then the following may occur: (1) Your Payment Transaction may be improperly executed; (2) Your Payment Transaction may be denied; (3) Your Payment Transaction or your Payment Instrument may be marked as fraudulent; (4) Your Payment Transaction may be delayed; and/or (5) Your Payment Transaction may be blocked. Kite Capital may verify with third parties all information you provide us, including your Payment Instrument.

Payment Methods

The current payment methods available are credit or debit cards from Visa, MasterCard, American Express, Discover, JCB, Diners Club, PayPal, and Pin Debit (Non-recurring U.S.A. transactions, made in U.S.A. Dollar only). Kite Capital may add or remove payment methods without any liability to you.

 

Blocked Transactions

Kite Capital may block your Payment Transaction in its sole discretion. In addition, Kite Capital may block the transaction or refuse a Payment Transaction in the following circumstances: (1) For the security of the Payment Instrument; (2) Suspected unauthorized or fraudulent use; (3) For risks relating to Kite Capital's legal obligations; (4) For risks relating to any Dispute, Chargeback, claim, reversal, fees, fines, or penalties; (5) For risks relating to sales of goods or services from Sellers that are on the Prohibited Products List; (6) In the event that you have exceeded our purse limits, as described below; (7) Where it would be unlawful to allow the Payment Transaction; or (8) Other circumstances where we must abide by legal obligations as a payment services provider, including our legal obligations under anti-money laundering, anti-terrorist financing, or similar related laws.

 

Further Information

Under this agreement 2checkout may obtain further information about you. This information may include credit or background inquiries or other further information. They may use this information to process your Payment Transaction, verify your Payment Instrument, or to verify the information you provide us. You authorize them to conduct these inquiries as we deem appropriate.

 

They may confirm the validity of the bank or wire transfer with your financial institution. May confirm that your Payment Instrument is in good standing with the Card-issuing bank. This confirmation may involve requesting a payment authorization or other actions. Furthermore, you shall provide 2checkout with any further information necessary to assist Kite Capital in complying with its legal obligations, including anti-money laundering laws and/or anti-terrorist financing laws. This further information may include identification documents, passports, or other documents.

 

Transaction and Purse Limit

Kite Capital may limit any of your transactions, series of your transactions, your total running transaction amount, or the frequency of your transactions. We maintain the right to change, suspend, or discontinue the Service, or any aspect thereof, at any time without notifying you and without liability. We may impose access restrictions or limits, or both, on features without notice and without incurring liability. We may also refuse either your or the Seller's request to process a transaction, without notice or liability.

 

Payment of Fees

Absent any conditions outlined in this Payment Terms, you will not be charged for the use of the Service. However, fees, taxes, VAT, shipping, insurance, or exchange rates may be assessed based on: (1)Your agreement with the Seller at the time of purchase; (2) Your State, Province, or Country; and/or (3) The financial institution that issued your bank account or your Card; all of which Kite Capital has no control over. When a charge is assessed to complete the processing of a transaction, you authorize us to debit your Payment Instrument. You further authorize us to credit your Payment Instrument in cases where there has been a reversal, refund, or adjustment.

2.5. Recurring Payments

 

Recurring Payments

If you have signed up for a Recurring Payment through Kite Capital’s website, then you hereby consent to Kite Capital's deducting those amounts from your Payment Instrument periodically. Kite Capital may debit your Payment Instrument to process Payment Transactions on the dates that you and the Seller have agreed. Kite Capital is not required to verify the accuracy of the amount or frequency of the Recurring Payments submitted to Kite Capital by Sellers. Exchange rates that will be used on the Payment Transaction related to a particular Recurring Payment will be determined based on the day that Recurring Payment is to be charged.

 

Cancellation of Recurring Payments

You may cancel a Recurring Payment by contacting us. Kite Capital will not charge you for cancelling a Recurring Payment. However, you may be liable for any fees or charges owed to the us. Kite Capital is not liable to you for any fees that 2checkout may charge you for cancelling your Recurring Payment.

 

2.6. Refunds

Refunds request are subject to Kite Capital Refund policy that may be found here: https://www.Kite Capital.com/legal/refund/ as amended from time to time by us.

 

Nevertheless, you may request a refund for your Payment Transaction by contacting us.

 

2.7. Errors, Defective Execution and Unauthorised Transactions

 

Notification and Investigation

 

You shall notify Kite Capital of errors, defective execution, unauthorised execution, or incorrect execution of your Payment Transactions as soon as you become aware of them. If you do not notify us of these transactions within six (6) months after the debit date, you will not be entitled to any redress. After you notify us of these Payment Transactions, we will carry out an investigation. You shall assist Kite Capital in this investigation by providing us with all of the information we may require from you. Kite Capital will notify you of the results of our investigation within a reasonable time after we conclude this investigation.

 

Kite Capital Not Liable

 

Kite Capital will not be liable for any reason in the following situations: (1) Abnormal and unforeseeable circumstances beyond our control; (2) If the situation arose because of our compliance with the law; (3) If you fail to notify Kite Capital as soon as possible, but no later than six (6) months after the debit date; or (4) If you did not have enough funds available to complete the transaction through no fault of ours.

 

You will be liable for all unauthorised transactions if you acted fraudulently, intentionally, with gross negligence, or if you failed to comply with your obligations regarding the security of your information.

2.8. Disputes

 

Dispute Resolution

If you have any problems or concerns, please contact our Customer Service Department. If a Dispute arises between you and 2checkout, Kite Capital may provide reasonable assistance to help resolve the Dispute. However, Kite Capital is not liable to you with respect to these Disputes. You agree to release Kite Capital from all claims, demands, or damages arising from or connected with these Disputes.

 

The Payment Terms do not affect any rights, claims, or defenses you may have regarding a Payment Transaction under your Card issuer agreement, the Card Association rules, or any applicable law.

2.9. Taxes and Regulatory Requirements

 

You are solely responsible for the payment of all taxes incurred in your use of the Service. You are solely responsible for educating yourself and obeying all laws and regulations pertaining to your use of the Service.

2.10. Delivery of Products

 

All Products sold via the Website and Services are subject to the Delivery Policy that can be found here: www.kite.org.za as amended from time to time by us.

 

2.11. Service Disruption

 

Kite Capital - according to the details mentioned on the www.kite.org.za website Contact section. We do not warrant that the Service will be uninterrupted, not delayed, or free from error. Kite Capital will not be held responsible for interruptions in Service. Kite Capital is not liable for failures or delays caused by matters beyond its reasonable control. These matters include government acts or restrictions, acts of terrorism, fires, floods, earthquakes, hurricanes or other natural disasters or acts of God, wars, riots, strikes, network, server or power disturbances or failures, software glitches, internet disturbances, labour disputes or unrest, or intellectual property disputes. Your use of the Service is at our discretion. We may suspend or limit your use at any time. Your rights and obligations under the Payment Terms will not be affected by any suspension or limitation of your use.

 

2.12. Additional Terms

 

Competence

 

You represent that you are of legal age to enter into this legally binding Agreement. You also represent that you are capable of entering into this legally binding Agreement with Kite Capital.

 

Authority

 

If you are a corporate entity, you represent that you are authorised to do business in the countries in which you operate. You also represent that the persons within your organisation or your agents who access this Service are authorised to do so. You agree that these persons are authorise to legally bind the corporate entity to the Payment Terms. You agree that these persons are authorized to bind the corporate entity to any transaction that may be conducted under your Account.

 

Unless otherwise stated herein, the Payment Terms are for the benefit of Kite Capital and the Buyer. The Payment Terms do not create any rights or remedies in any other person or entity.

 

Survival

 

If any provision of the Payment Terms is held to be invalid, illegal, or unenforceable, then the remaining provisions of the Agreement remain in full force. Notwithstanding anything in this Agreement to the contrary, Section 7 on "Information About Transactions," Section 8 on "Disputes," Section 9 on "Taxes and Regulatory Requirements," Section 10 on "No Product Endorsements," Section 11 on "Indemnification," Section 12 on "Warranty Disclaimer," Section 13 on "Limitations of Liability," Section 14 on "Service Disruption," and Section 15 on "Governing Law, Jurisdiction, and Time Limits" must survive the termination or expiration of the Payment Terms.

 

Successors and Assigns

 

The Payment Terms benefit and bind Kite Capital, its successors, and its assigns. The Agreement also binds and benefits you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns, and related persons.

 

Assignment

 

You and the persons you represent shall not assign the Payment Terms or your rights and obligations under it without the express prior written consent of Kite Capital. We may withhold this consent in our sole discretion. Kite Capital may assign the Payment Terms and our rights and obligations under it without your consent or the consent of any persons you represent.

 

No Waiver

 

Kite Capital's failure to enforce the Payment Terms will not be a waiver. Our failure to enforce any provision of the Payment Terms will not be a waiver of Kite Capital's right to act on subsequent breaches or similar breaches. Kite Capital's failure to enforce any provision of the Payment Terms will not be a waiver of Kite Capital's right to enforce that provision.

 

Headings

 

Headings contained in the Payment Terms are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the terms in the Agreement.

 

Entire Agreement

 

The Payment Terms constitute the entire agreement between Kite Capital and you the purchaser.

 

 

Definitions

 

Kite Capital, us, we, or our mean Kite Capital Pty Ltd, www.kite.org,za, its affiliates, subsidiaries and agents, and their respective employees, suppliers, contractors, directors, officers, shareholders, third-party content providers, sponsors, and licensors.

 

Agreement or Payment Terms means this agreement including all of its exhibits, appendixes, and other agreements incorporated by reference.

 

Account means your account at Kite Capital consisting of the information you submitted to us to complete your Payment Transaction.

 

Business Day means a business day or any day on which Kite Capital is open for business as required to carry out a Payment Transaction.

 

Card means credit or debit card issued by a financial institution participating in a Card Association.

 

Card Association means VISA, MasterCard, American Express, Discover, JCB, or any other credit card or debit card brand accepted by Kite Capital.

 

Chargeback means the demand to reverse a transaction and refund of the full purchase price for the goods or services to the cardholder.

 

Consumer means an individual who, in contracts for payment services, is acting for purposes other than a trade, business, or profession.

 

Currency Conversion Fee means fee charged by Kite Capital for the use of more than one currency in making a Payment Transaction.

 

Dispute means an action by the Buyer or the Card-issuing bank to dispute validity of the purchase of a product or service from the Seller. Dispute may include the initiation of a Chargeback or other actions by the Buyer or the Card-issuing bank regarding that purchase. Dispute also includes any complaint by the Buyer over a purchase of goods or services from the Seller.

 

Payment Instrument means the Card or Paypal Account information you provide to Kite Capital during your Payment Transaction, including your name, Card or Account number, security code, PIN, billing information, invoice number, etc.

 

Payment Transaction means an instruction requesting the execution of a payment to a Seller using our Services.

 

Recurring Payment means a Payment Transaction that you have authorized in advance to be processed multiple times for some time in the future. Recurring Payments may include subscriptions, pre-approved payments, or automatic payments.

 

Service means all services offered by Kite Capital, both online and offline, and utilized by the Buyer and the Seller. Service includes payment processing, customer service, fraud protection, and other e-commerce services. The Service also includes the Website.

 

Seller means an individual or entity that sells goods or services to Buyers, uses Kite Capital Services, and accepts Kite Capital as a means of payment.

 

Website means any URL through which we provide services to you, including wwwkite.org.za. Website includes any information or content included on the Website.

You, Purchaser, or Buyer means each entity or individual that uses Kite Capital Services to purchase goods or services from us.

3. PAYMENT SERVICES

 

3.1. Privacy Policy
Your use of the website and Services are subject to the Privacy policy as mentioned here: www.kite.org.za/privacy  as amended from time to time by us.

3.2. Indemnification
You agree to defend and indemnify Kite Capital and its employees and suppliers from any claim or demand, including reasonable attorney's fees, arising from your failure to comply with this Terms of Use, your violation of any law or the rights of a third party.

 

You are liable for any losses, expenses, or costs, arising from your: (1) use of the Service; (2) failure to comply with the Payment Terms; (3) negligence, actions, or omissions; (4) violation or alleged violation of any law; or (5) violation or alleged violation of the rights of a third party. You shall defend and hold Kite Capital harmless from any claim or demand arising from them.

3.3. Warranty Disclaimer

THIS WEB SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Kite Capital AND ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEB SITE OR THE SITE CONTENT THEREON; (2) ANY WARRANTY THAT THIS WEB SITE AND Kite Capital's OTHER WEB SITES WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (2I) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE AND NON-INFRINGEMENT. Kite Capital MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS WEB SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEB SITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

THIS SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, Kite Capital SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING THE FOLLOWING. FIRST, WE DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, OF THIS SERVICE. SECOND, WE DISCLAIM ANY WARRANTY THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS THAT ARE FOUND. THIRD, WE DISCLAIM THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE, AND NON-INFRINGEMENT.

ANY MATERIAL THAT YOU DOWNLOAD IN CONNECTION WITH Kite Capital's SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. ANY DAMAGES, INCLUDING THOSE TO YOUR COMPUTER SYSTEM OR RELATED TO DATA LOSS, ARE YOUR RESPONSIBILITY.

Kite Capital MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SERVICE ARE APPROPRIATE FOR LOCATIONS OUTSIDE OF THE UNITED STATES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS OF THE LOCATION FROM WHICH YOU ACCESS THE SERVICE.

THE PAYMENT TERMS DO NOT AFFECT THOSE STATUTORY RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.

3.4. Limitations of Liability

 

YOUR USE IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING OR OPERATING THIS WEB SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEB SITE OR (2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

 

Notwithstanding the fact that Kite Capital or other parties involved in creating, producing, or delivering this Web Site may monitor or review transmissions, postings, discussions, or chats, Kite Capital and all parties involved in creating, producing, delivering or operating this Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THE SERVICE. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICE, INCLUDING ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. LOSSES INCLUDE BUT ARE NOT LIMITED TO LOSS OF PROFIT, GOODWILL, BUSINESS REPUTATION, OR DATA. COSTS INCLUDE BUT ARE NOT LIMITED TO THE COST OF PROCURING SUBSTITUTE SERVICES. EXPENSES INCLUDE BUT ARE NOT LIMITED TO LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENT.

 

IN ADDITION TO THE ABOVE, WE ARE NOT LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGE INCURRED BY YOU, INCLUDING THOSE THAT RESULT FROM THE FOLLOWING. FIRST, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR RELIANCE UPON THE ACCURACY, COMPLETENESS OR EXISTENCE OF ANY ADVERTISING ON THE WEBSITE OR ANY TRANSACTION YOU HAVE HAD WITH A WEBSITE ADVERTISER OR SPONSOR. SECOND, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO ANY CHANGES Kite Capital MAY HAVE MADE TO THE SERVICES. THIRD, WE ARE NOT LIABLE FOR ANY CESSATION IN THE SERVICES OR FEATURES THEREOF. FOURTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO THE DELETION OR CORRUPTION OF DATA MAINTAINED IN OR TRANSMITTED BY THE SERVICES. FIFTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT YOUR ACCOUNT OR TO KEEP YOUR ACCOUNT INFORMATION CONFIDENTIAL AND SECURE.

OUR LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET FEES WE RECEIVE FROM YOUR PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD PRECEDING THE DATE YOU FILE YOUR CLAIM.

 

THESE LIMITATIONS OF LIABILITY PROVISIONS APPLY IRRESPECTIVE OF WHETHER Kite Capital KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT THOSE LOSSES COULD ARISE. THESE LIMITATIONS APPLY EVEN IF THERE HAS BEEN A FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY.

THE PAYMENT TERMS DO NOT EXCLUDE OR LIMIT Kite Capital'S LIABILITY FOR LOSSES, COSTS, OR EXPENSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

3.5. Governing Law, Jurisdiction and Time Limits

This Terms of Use shall be governed by the laws of South Africa, without reference to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Web Site, the Terms of Use, or the Services of Kite Capital shall be filed exclusively in the state or federal courts located in Johannesburg, South Africa, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site, this Terms of Use, or the Services of Kite Capital must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.

IF YOU USE THIS WEB SITE FROM OUTSIDE SOUTH AFRICA, YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU USE THIS WEB SITE.

 

You shall bring any claim or cause of action relating to this Website, the Payment Terms, or the Services of Kite Capital within one (1) year of the date the cause of action arose. Otherwise, your cause of action will be waived and time barred.

20 AUGUST 2019 (VERSION 1.0)

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©2019 By Kite Capital (Pty) Ltd.

Unit 8, 117 Langermann Drive

Kensington

Johannesburg, South Africa, 2007.

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