1.1. This document sets out the terms and conditions (“Terms”) of Kohde (Pty) Ltd, its subsidiaries and affiliated companies (“Company” or ”We”) pertaining to the access and use of the information, products, services and functions referred to-, or provided on https://kohde.io/ (“Website”).
1.2. Should any person that accesses the Website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.
1.4. The Company reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the Company from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.5. We will give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.7. We may receive various types of information (“Information”) from you when you visit our Website, including personal information, as defined in the Protection of Personal Information Act (“POPIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).
1.8. We may electronically collect, store and use Personal Information which you provide on the Website, with your consent.
2.1. The Company reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.2. The Company reserves the right to change and amend the products, prices and rates quoted on this Website from time to time, without notice.
2.3. The Company may use the services of third parties to provide information on the Website. The Company has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The User agrees that such information is provided “as is” and that The Company and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.4. The Company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.4.1. The Company does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. The Company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2. whilst The Company has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.4.3. The Company disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which The Company receives it and statements from external parties are accepted as fact.
3.1. The Company may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and The Company does not endorse, nor does the inclusion of any link imply the Company’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
3.2. While the Company tries to provide links only to reputable websites or online partners, The Company cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Company. The Company is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3. You agree that the Company shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
4.1.3. write and/or develop any derivative of the Website or any other software program based on the Website;
4.1.4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of The Company;
4.1.5. without the Company’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the User;
4.1.6. remove any identification, trademark, copyright or other notices from the Website;
4.1.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
5.1. In order to ensure the security and reliable operation of the services to all the Company’s users, The Company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2. You may not utilise the Website in any manner which may compromise the security of the Company’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should The Company suffer any damage or loss, civil damages shall be claimed by The Company against the User.
5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Company and its affiliates, agents and/or partners.
6.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.2. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Company, now or in the future, including without limitation, the Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.3. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, The Company and as such are protected from infringement by local and international legislation and treaties.
6.4. By submitting reviews, comments and/or any other content (other than your personal information) to The Company for posting on the Website, you automatically grant The Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.5. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.6. Except with The Company’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6.7. Irrespective of the existence of copyright, the user acknowledges that The Company is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.8. The Company authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
7.1. The User’s use of this website and the information contained on the Website is entirely at the user’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof.
7.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall the Company be liable for any loss, harm, or damage suffered by the user as a result thereof. The Company reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should the Company deem it necessary.
8.1. Neither the Company, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if the Company knows or should reasonably have known or is expressly advised thereof.
8.2. The liability of the Company for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to the Company rectifying the malfunction, within a reasonable time and free of charge, provided that the Company is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of the Company. However in no event shall The Company be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
8.3. You hereby unconditionally and irrevocably indemnify service provider and agree to hold the Company free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Company or instituted against the Company as a direct or indirect result of:
8.3.1. your use of the Website;
8.3.2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the Company;
8.3.3. your failure to comply with any of the terms or any other requirements which the Company may impose from time to time;
8.3.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
8.3.5. any unavailability of, or interruption in, the service which is beyond the control of the Company.
8.4. The Company makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against the Company for any loss suffered by you, as a result of information supplied by the Company being incorrect, incomplete or inaccurate.