RE: – KHOMBA SOLUTIONS (PTY) LTD – PROPOSED GENERAL TERMS AND CONDITIONS 1 Subject & Offer
1.1 By accessing or, browsing or using Khomba Solutions, you are agreeing to the terms of conditions that appear below. If you do not wish to be bound by these terms and conditions, you should not access, display, use, download and/or otherwise copy or distribute any content obtained from Khomba Solutions.
1.2 You are reading a legal document, which is an agreement between yourself, the user; and the owners of Khomba Solutions.
1.3 Khomba Solutions offers online and mobile transportation assistance services (“the services”) in the South African transport sector. Solutions Solutions continuously updates, changes, and develops its online and mobile services at its own discretion. Khomba Solutions retains the right to cease operating an online or mobile services or remove a specific service without explanation.
1.4 Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
DIRECTORS: Rikesh Sewgoolam; Johannes Engelbrecht; Tiaan Jonker; Arilia du Plessis; Bouwer van Niekerk; Jacques Marais; Rachelle Freed; Ravika Sukdeo; Peto Milton SENIOR ASSOCIATE: Elleana Myburgh ASSOCIATE: Marnelize Olivier. JUNIOR ASSOCIATES: Lizanne Fourie; Chantelle van der Schyff; Ashley Seckel; Anél Coetzee; Danielle de Kock ALSO AT Cape Town IN ASSOCIATION WITH: Schoerie & Sewgoolam Inc – Pietermaritzburg PROUDLY LEVEL 2 BBBEE- QSE Codes gazetted on 6 May 2015
2 Conclusion of Contract
2.1 In order to use the online and mobile services and other services provided by Khomba Solutions, users must register for and, if needed, install the app in question.
2.2 Only natural persons are eligible for registration (no groups, families, spouses or life partners, etc.).
2.3 Users must enter a user name and an email address registered to the user in order to register for the online services; the mobile services require a user name. Users have no claim to a particular user name. The selected user name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a user name. Users must ensure that the information provided to Khomba Solutions during registration is genuine and complete.
2.4 After successful registration, the user creates an account (“user account”) which the user can manage independently. The user account cannot be transferred without the explicit consent of Khomba Solutions.
2.5 Users have no right to claim registration or activation.
3 General User Obligations
3.1 User data Users agree to immediately provide Khomba Solutions with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Khomba Solutions the accuracy of their data upon request.
3.2 Login data, identification, passwords
3.2.1 Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2 The terms “login data”, “identification”, and “passwords” include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the user name, and it should consist of a combination of numbers, letters and symbols.
3.3 Use of Khomba Solutions’ websites and website content
3.3.1 Khomba Solutions’ websites and mobile services include various content that is protected by trademarks, copyrights, or other means for the benefit of Khomba Solutions or third parties. Unless Page 3 explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Khomba Solutions’ websites, mobile services, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2 The term “content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Khomba Solutions. The term “content” also includes, in particular, all services available for download.
3.3.3 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Khomba Solutions websites, any individual services and/or offers there, or its online and mobile services. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users’ use of Khomba Solutions’ websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4 Any use of Khomba Solutions websites or mobile services for commercial purposes, especially advertising purposes, requires the express prior written consent of Khomba Solutions.
3.3.5 Users are not entitled to publish content on Khomba Solutionss’ websites, online services, mobile services, or other services.
3.3.6 Khomba Solutions’s websites may not be used via an anonymization service that hides the user’s true IP address.
4 Specific Terms for the Use of Online and Mobile Services
4.1 The user may only take part in the using of one user account.
4.2 Khomba Solutions or contractors authorized by Khomba Solutions hold all and exclusive rights to items used and virtual items provided in online or mobile services. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
5 Limitation of liability
5.1 Users are held personally liable for any violation of a third party’s rights. Users agree to reimburse Khomba Solutions for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Khomba Solutions from all eligible claims that other users or third parties may file against Khomba Solutions due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Khomba Solutions legal defence, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
5.2 The liability of Khomba Solutions, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
5.2.1 If Khomba Solutions provides the respective liability-causing service free of charge, Khomba Solutions is liable only for malice and gross negligence.
5.2.2 In the case of non-gratuitous services, Khomba Solutions’s liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Khomba Solutions will only be liable for a breach of essential contractual obligations such as delay or unavailability which Khomba Solutions is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Khomba Solutions had to calculate upon conclusion of the contract due to the circumstances prevailing at this time. “Essential contractual obligations”, as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
5.2.3 Khomba Solutions assumes no liability for interruptions within the network that are not the fault of Khomba Solutions.
6 Governing law The laws of the Republic of South Africa shall apply. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
7 Amendments to these general terms and conditions; Miscellaneous
7.1 Khomba Solutions retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the High Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in Page 5 the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general terms and conditions via the Khomba Solutions’s website and via the respective online or mobile application at least four weeks before the amendment is scheduled to take effect. Alternatively, Khomba Solutions may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the Khomba Solutions’s websites. The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the application again after receiving notification of the amended terms and conditions. Khomba Solutions will specifically inform its users about the four-week period, the right of withdrawal, and the legal significance of remaining silent.
7.2 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Khomba Solutions and is uncontested or has resulted from this legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
7.3 Khomba Solutions generally communicates with the user via email – unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from Khomba Solutions. When contacting Khomba Solutions, users must indicate which online or mobile platform and which user account the message concerns.
7.4 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.
8 Intellectual Property and Copyright
8.1 By using the Khomba Solutions online or application service you agree that you shall not attempt to duplicate or reverse engineer any intellectual property in relation thereto.
8.2 The contents that are displayed on the website or application is protected by the South African and international copyright laws. You are not granted a license or any other right under the Copyright, Trademark, Patent or other Intellectual Property Rights in and to the contents of the website or application.
9. Company information This website is run by Khomba Solutions (Pty) Ltd based in South Africa trading as Khomba Solutions and with registration number 2016/201997/07.