KAZANG GENERAL TERMS & CONDITIONS
(DEVICE, KAZANGPAY, KAZANG SUPERWALLET, VENDING
WALLET, TRANSFER-TO-BANK, SUPPLIER PAYMENTS,
VENDOR BENEFICIARY PAYMENTS, & KAZANG REWARDS)
Version 6
1.1.
The Parties to these Terms
& Conditions are Kazang and the Vendor.
1.2.
Kazang hereby offers the
Vendor the opportunity to use the Kazang Platform, subject to the Terms & Conditions
set out herein.
1.3.
These are the terms and
conditions that govern your relationship with Kazang and that apply to the
Kazang Platform, and to all users of the Kazang Platform (“Terms & Conditions”). These
Terms & Conditions do not apply in isolation but are to be read together
with all other agreements, terms and conditions relating (directly or
indirectly) to the applicable Kazang Platform and such other incidental
agreements entered into between you and Kazang.
1.4.
By accepting and continuing
to use the Kazang Platform, or any one of the functionalities within the Kazang
Platform, you confirm and agree to accept and be bound by these Terms & Conditions,
which form a binding contract between you and us.
1.5.
These Terms &
Conditions shall commence from date of first use of the Kazang Platform and
shall continue indefinitely, subject to the appropriate written agreement relating
to the applicable Kazang Platform, entered into between the Vendor and Kazang. These Terms & Conditions may be terminated at any time by Kazang
providing the Vendor with reasonable notice.
1.6.
These Terms &
Conditions may be amended by Kazang acting in its sole discretion. Any
amendments to hereto will apply with effect from the date recorded therein, and
will be posted on Kazang’s website or notified to the Vendor through the Kazang
Platform and will supersede and replace all previous versions of these Terms
& Conditions. Kazang has no obligation to inform the Vendor of such change
in advance and the Vendor is responsible for keeping up to date with amendments
itself.
1.7.
You can contact Kazang on help@kazang.com or 087 550 2955. We will communicate with you in
the English language.
2.1.
“Affiliate” means (a)
any subsidiary or a holding company of either Party or any entity that
controls, is controlled by or is under common control of either Party. The
terms "subsidiary" and "holding company"
shall have the meaning assigned thereto in Chapter 1 of the Companies Act,
2008, as amended, and (b) any entity that controls, is controlled by or is
under common control of either Party. For the purposes of this definition,
"control" means the possession, directly or indirectly, of the
power to direct or cause the direction of the management and policies of the
entity through the ownership of voting securities representing 50% (fifty
percent) plus 1 (one) of the possible votes;
2.2.
“Applicable Law(s)”
means all law applicable in the Republic of South Africa, and includes any
present or future constitution, decree, judgment, legislation, order,
ordinance, regulation, statute, treaty, directive, rule, guidance or code
and/or practice note issued by any relevant authority;
2.3.
“Bank Account” means
a transactional bank account held by a reputable financial institution in the
Republic of South Africa in the name of the Vendor, approved by Kazang and
linked to the Kazang Platform applicable to the Vendor;
2.4.
“Card Swipes” means
each and every separate payment, whether a card payment or a contactless
payment, made by a Vendor’s customers to the Vendor, processed through
KazangPay and settled into the Vendor’s Vending Wallet or Kazang Superwallet;
2.5.
“Cash-Back(s)” means
a functionality offered by KazangPay whereby a Vendor’s customers may withdraw
cash from the Device and the Vendor pays such cash to the customer having been
processed through KazangPay;
2.6.
“Device” means each
point-of-sale device linked to the Vendor’s Vending Wallet or Kazang
Superwallet, which enables Vendors to process and settle Card Swipes, process
Cash Back(s) and to trade in VAS;
2.7.
“Intellectual
Property” means all intellectual property rights including patents,
trademarks, service marks, designs, design rights, methodologies, business
processes, software, ideas, copyright (including that in the designs and
computer software), source codes, inventions, trade secrets, including the
Kazang Platform, of which Kazang is the owner from time to time, whether these
are registered or not and rights to apply for protection of any of the same;
2.8.
“Kazang”,
“us”, “we” and “our” means Main Street 1723 Proprietary
Limited with registration number 2019/300711/07;
2.9.
“Kazang Platform”
means the Device, KazangPay, Kazang Superwallet, Vending Wallet, Transfer-to-Bank,
Supplier Payments, Vendor Beneficiary Payments, Kazang Rewards and any other
mobile or desktop applications owned, licensed and/or operated by Kazang and/or
any of its Affiliates, or any one of these functionalities operating
individually;
2.10.
“KazangPay” means
the software application developed by Kazang which enables card acceptance
functionality as well as Cash Back(s) on the Device;
2.11.
“Kazang Rewards”
means rewards in the form of loyalty promotions and Products linked to the Vendor’s
Vending Wallet through the Vendor’s Rewards Account which enable the Vendor’s to redeem value within the Vendor’s Vending
Wallet;
2.12.
“Kazang Rewards
Application” means the application used to access your Kazang Rewards;
2.13.
“Kazang Superwallet” means (i) the
virtual account registered in a Vendor’s name, which electronically represents
amounts received by the Vendor for goods delivered and/or services rendered by
the Vendor; and/or (ii) the virtual account registered in a Vendor’s name,
which allows a Vendor to initiate a Supplier Payment;
2.14.
“Kazang Vault” means
the safe, cash acceptance device and its related equipment, together with the
software relating to it and the communications platform supplied, installed and
relating thereto, which the Vendor rents from Kazang and uses to store physical
cash due to the Vendor for goods delivered and/or services rendered by the
Vendor, which physical cash is represented in the Vendor’s Kazang Superwallet;
2.15.
“Personal Information”
means information about an identifiable, natural or juristic person, including
but not limited to, information about race, gender, marital status,
nationality, ethnic or social origin, sexual orientation, age, physical or
mental health, religion, belief, disability, language, birth, education,
identity number, telephone number, email, postal or street address, location
through your device’s GPS;
2.16.
“Products” means the
VAS and products as contained on the product suite listed on the Device which
are sold by the Vendor to consumers;
2.17.
“Rewards Account” means
the virtual account registered in a Vendor’s name and linked to the Vendor’s
Vending Wallet, which electronically represents the Vendor’s Kazang Rewards;
2.18.
“Self-Payment” means
a transaction where a Vendor elects to transfer funds from a Vendor’s Vending
Wallet to that same Vendor’s Kazang Superwallet;
2.19.
“Supplier Payment” means
a payment requested and initiated by a Vendor from the Vendor’s Vending Wallet
or Kazang Superwallet, to a third party supplier’s Kazang Superwallet, for
goods delivered and/or services rendered by the third party supplier to the
Vendor, which payment is carried out by Kazang;
2.20.
“Transaction” means any
transaction processed by the Vendor using the Kazang Platform;
2.21.
“Transfer-to-Bank”
means the functionality of enabling a Vendor to transfer such Transfer-To-Bank
Enabled Funds to the Vendor’s Bank Account from the Vendor’s Kazang Superwallet;
2.22.
“Transfer-To-Bank
Enabled Funds” means such funds which have been received by the Vendor into
the Vendor’s Kazang Superwallet pursuant to the sale of goods and/or services
rendered by the Vendor to a third party;
2.23.
“VAS” means
Value-Added-Services, consisting of inter alia various products such as
electricity, data and airtime to the formal and informal market including
grocery stores, spaza shops and petrol stations;
2.24.
“Vendor”,
“you” or “your” means the vendor, being any and all users and/or
subscribers of the Kazang Platform;
2.25.
“Vendor Beneficiary
Payments” means a payment requested and initiated by a Vendor from the
Vendor’s Vending Wallet or Kazang Superwallet, to a third party’s nominated
bank account, for goods delivered and/or services rendered by the third party
supplier to the Vendor, which payment is carried out by Kazang; and
2.26.
“Vending Wallet”
means (i) the virtual account registered in a Vendor’s name, which electronically
represents pre-funded amounts which enable Vendors to sell Products and/or (ii)
pay the Vendor’s third party creditors or initiate a Supplier Payment.
2.27.
Reference to:
2.27.1.
one gender includes all the
genders;
2.27.2.
the singular form of a word
includes the plural;
2.27.3.
the plural form of a word
includes the singular;
2.27.4.
a law or regulation is a
reference to that law or regulation as amended from time to time.
2.27.5.
the words “include”,
“including” and “in particular” are by way of example only and shall not limit
the generality of any preceding words; and
2.27.6.
the words “other” and
“otherwise” shall be interpreted as widely as possible and will not be limited
by any preceding words.
3.1.
In accessing and using the Kazang Platform, you
must not:
3.1.1.
breach any Applicable Laws or such internal
policies of Kazang;
3.1.2.
breach these Terms
& Conditions or any other terms and conditions which govern your relationship with
Kazang;
3.1.3.
upload material to the Kazang Platform which is
threatening, abusive, defamatory, obscene, indecent or otherwise inappropriate;
3.1.4.
market your product(s) in a misleading, fraudulent
way, or in a manner that may reasonably be regarded as deceptive or which may
bring the name of Kazang and/or any of its Affiliates into disrepute;
3.1.5.
send any communication or submit any information to
Kazang that is false, misleading, deceptive or which may bring the name of
Kazang and/or any of its Affiliates into disrepute;
3.1.6.
infringe the rights of Kazang, its Affiliates
and/or any third party;
3.1.7.
disassemble, decompile, reverse-engineer, or create
derivative works based on the whole or any part of the Kazang Platform;
3.1.8.
distribute spam, chain letters, or promote pyramid
schemes;
3.1.9.
distribute viruses or other harmful technology with
may cause harm to Kazang, the Kazang Platform, its Affiliates, other Vendors or
any other third-party;
3.1.10.
attempt to impose or contribute to imposing an
unreasonable load on Kazang’s infrastructure or interfere with the proper
working of the Kazang Platform;
3.1.11.
copy, modify, or distribute Kazang, or any other
person’s, content without their consent;
3.1.12.
harvest or otherwise collect information about
other users, without their consent;
3.1.13.
copy, modify, or distribute rights or content from
the Kazang Platform;
3.1.14.
bypass any security measures on the Kazang
Platform; and
3.1.15.
carry out or continue any conduct that may constitute
any fraudulent activities, money laundering, terrorist financing, round-tripping, corruption or
any other criminal activity, illegal use, or abuse of the Kazang
System.
3.2.
You agree to defend Kazang against any claims or
legal proceedings against us as a result of you breaching any part of these Terms & Conditions.
3.3.
We may in our sole and absolute discretion have the
right to reverse or suspend any Transaction, or suspected fraudulent
transaction, performed on the Kazang Platform (including the suspension and
hold on any amounts owing to you). You will have no legal recourse against us
and we will have the right to recover any and all costs incurred by us, as a
result of such reversal or suspension from you. Furthermore, your access to the
Kazang Platform may be terminated with immediate effect for any reason,
including but not limited to your failure to comply with clause 3.1 and/or fraud or suspected fraud and you may be
reported to the relevant authorities for prosecution.
3.4.
Transactions involving the following are prohibited
on the Kazang Platform:
3.4.1.
items, materials or substances which are illegal
and/or prohibited by Applicable Laws;
3.4.2.
weapons or ammunition of any kind;
3.4.3.
alcohol and/or tobacco products, without the
appropriate license/s;
3.4.4.
any item which may violate any person’s rights
(including intellectual property rights); and/or
3.4.5.
any other items which Kazang deems to be dangerous
or inappropriate, acting in our sole discretion.
3.5.
We reserve the right to utilise location services
for acquiring geographical information relating to the Device. By using and
continuing to use the Kazang Platform, the Device
or any one of the functionalities within the Kazang Platform, you expressly
grant consent to our utilisation of location services.
3.6.
By using and continuing to use the Kazang Platform, the Device, or any one of the functionalities
within the Kazang Platform, you hereby consent to receiving push notifications,
marketing material and messages on both the Device and any associated
applications on the Kazang Platform, including but not limited to the Kazang
Superwallet and/or relating to Kazang Rewards.
4.2.
You may accept
value into your Kazang Superwallet through the following mechanisms only, and
not through any other mechanisms:
4.2.1.
settlement of KazangPay Card Swipes;
4.2.2.
deposits into a Kazang Vault;
4.2.3.
receipt of Supplier Payments; and
4.2.4.
receipt of Vendor Cash Deposits (“VCD”) from
another Kazang Superwallet Vendor in order to fulfil an underlying payment
obligation between you and the other Kazang Superwallet Vendor (i.e., funds received
must be due to you for services rendered or goods supplied by you to the other
Kazang Superwallet Vendor, which you warrant is true and correct).
4.3.
Should we discover that you are accepting value
into your Kazang Superwallet through a mechanism other than
those listed in clause 4.2 above, we are entitled, in our sole and absolute
discretion, to suspend and/or terminate your use of the Kazang Platform or any
functionality therein, with immediate effect.
4.4.
Where Kazang or any third party
erroneously credits your Kazang Superwallet account, we may, in our sole and
absolute discretion, have the right to debit your Kazang Superwallet account
with the full amount or enter into payment arrangements with you to debit your
Kazang Superwallet account until the full amount credited has been reimbursed.
4.5.
You hereby acknowledge and agree that Self-Payments
are prohibited, and accordingly you warrant and undertake not to, in any way, carry
out a Self-Payment, nor to assist any person in any way to carry out a
Self-Payment.
5.1.
You may only transfer funds
from your Kazang Superwallet to your Bank Account and only if you have been
approved by Kazang for Transfer-to-Bank.
5.2.
You may not transfer any funds which:
5.2.1.
have previously
reflected in your own Vending Wallet; or
5.2.2.
are not due to you for
goods delivered and/or services rendered by you.
5.3.
Should your behaviour in
relation to Transfer-to-Bank be out of your ordinary pattern of behaviour, you
shall be flagged for supervision by Kazang for purposes of suspicious behaviour.
Should it be discovered that your conduct is inconsistent with Kazang’s
internal policies, your relationship with Kazang and your access to the Kazang
Platform will be terminated with immediate effect.
5.4.
Following your request for funds to be transferred
from your Kazang Superwallet into your Bank Account and the request being
approved internally by Kazang, Kazang shall process the transfer. You
acknowledge that the transfer shall not be instantaneous, nor shall the funds
reflect in your Bank Account instantaneously. The transfer is subject to
banking regulations, limitations and timelines, as well as to these Terms & Conditions.
5.5.
Should you initiate a valid Transfer to Bank
request to transfer funds into your Bank Account before 10:00am on a Business
Day, Kazang shall process your request by 14:00pm on the same Business Day.
Should your request be made after 10:00am on a Business Day, Kazang shall
process your request by 17:00pm on the same Business Day. Should your request
be made after 14:00pm on a Business Day, or any day other than a Business Day,
Kazang shall process your request by 14:00pm on the following Business Day.
6.1.
Where the Vendor has
applied for and been approved by Kazang for the card acceptance functionality,
known as KazangPay, the Vendor shall receive a Device. The Vendor:
6.1.1.
warrants that it has made
itself familiar with the Standard Terms & Conditions, which terms and
conditions are incorporated herein, as made available at https://connected.co.za/images/Standard-Terms-and-Conditions-February-2021.pdf,
as amended from time to time, and confirms that its continued use of the Device
constitutes its acceptance thereof and agrees to be bound thereby; and
6.1.2.
authorises Kazang to effect
payment of all amounts due to it (as set out in the written agreement relating
to KazangPay entered into between the Vendor and Kazang) into its Vending
Wallet or, if applicable and in accordance with 4.2 above, its Kazang Superwallet, using the specific reference number allocated
to the Vendor.
7.1.
The Vendor shall provide Kazang
with such required documentation and warranties (in a form and substance as
required by Kazang) before Kazang is able to process a Supplier Payment and/or
a Vendor Beneficiary Payment (“Payment”, as applicable).
7.2.
The Vendor confirms and
authorises Kazang to effect the Payment, on its behalf, from its Vending Wallet
or its Kazang Superwallet, to a third party’s bank account, and that the
Payment is in relation to goods delivered and/or services rendered to it by the
third party.
7.3.
Following your request for the
Payment to be made and the request being approved internally by Kazang, which
approval Kazang shall determine in its sole discretion, Kazang shall process
the Payment to the third party’s bank account. You acknowledge that the Payment
shall not be instantaneous, nor shall the funds reflect in the appropriate
account, instantaneously. The Payment is subject to banking regulations,
limitations and timelines, as well as to these Terms & Conditions.
8.1.
In order to prefund your
Vending Wallet, the Vendor shall make payment into such bank account nominated
by Kazang from time to time and use the specific reference number allocated to
the Vendor by Kazang before funds are reflected on a Vendor’s Vending Wallet.
8.2.
Kazang shall allocate the
payment (less such associated fees and costs) to the Vendor’s Vending Wallet as
a prefunded float, which the Vendor shall use to sell the Products as contained
on the product suite listed on the Device, including any products/services
added or removed therefrom from time to time, until such amount in the Vending
Wallet is depleted.
9.1.
The Vendor shall earn
commission on the Products sold to third party consumers. All commissions are
paid to the Vendor by allocating such commission to the Vendor, through the
Kazang Platform before or on close of business on the last working day of the
month. Kazang reserves the right to withhold payment of the commission
and/or deduct any monies owed to it by the Vendor from such commissions.
9.2.
The Vendor acknowledges
that the Products and/or conditions of sale attached to the Products, may
originate from the third-party utility providers. Kazang may therefore be
obligated by various terms and conditions enforced by such third-party utility
providers, and Kazang is consequently entitled to add, remove and/or amend any
Product listed on the Kazang Platform, conditions and/or procedures attached to
the sale of the Products to consumers, any feature or benefit on/to the Kazang
Platform as well as the fees and commissions applicable to the sale of the Products. In the event that the Vendor does not agree to any amendments,
the Vendor’s sole remedy is to terminate such appropriate written agreement
relating to the applicable Kazang Platform, entered into between the Vendor and
Kazang and such termination shall be governed and carried out in terms of that
written agreement.
10.1.
You are the only authorised user of your accounts and/or applications
registered to your name, within the Kazang Platform. You are not permitted to
allow any other person to use your accounts within the Kazang Platform.
10.2.
You confirm that if the
correct user details (e.g. password, biometrics or code) are entered when any
of your accounts within the Kazang Platform are accessed, Kazang will assume
that you are the person accessing your account(s) and you will be responsible
for such use and any Transactions related thereto.
10.3.
You must notify Kazang
immediately if you discover or suspect that your account(s) has been
compromised or suspect unauthorised use thereof.
Until you do so, your account(s) will not be secure and you will be liable for
the use of your account(s) and any Transactions related thereto.
10.4.
If Kazang suspects that
your account(s) has been compromised, or suspects unauthorised
use of the Kazang Platform, suspects fraudulent use or Transactions, or use in
breach ofthese Terms & Conditions, Kazang:
10.4.1.
may communicate with you
via your registered email address or via other secure means agreed between you
and Kazang. Kazang may need to verify your identity as part of this process;
and
10.4.2.
shall utilise
the funds in the Vendor’s Vending Wallet and/or in the Vendor’s Kazang Superwallet, in whole or in part to cover any losses or
damages incurred by Kazang or a third party as a result of the Vendor’s
conduct.
11.1.
To have access to any Kazang Rewards, you must
first have a Rewards Account which is linked to your Vending Wallet. When you
open the Kazang Rewards Application, details of your Vending Wallet will be
used to automatically create a Rewards Account. It is free to register for a
Rewards Account. You must not attempt to
open, nor open, more than one Rewards Account at a time. You may download each
Kazang Rewards Application to only one Device at a time. If you do not consent
to creating Rewards Account, you are free to close your Rewards Account on the
Kazang Rewards Application and delete it from your Device.
11.2.
To register for a Rewards Account, you must satisfy
the following minimum eligibility criteria:
11.2.1.
have an existing Vending Wallet, in your own
personal capacity or business capacity (and not on behalf of another person);
11.2.2.
be at least 18 years of age (or any older age
legally required under local law in your country to bind yourself legally to
these terms);
11.2.3.
have an existing mobile phone number that only you
have access to;
11.2.4.
have an existing email address that you check
regularly; and
11.2.5.
not already hold a Rewards Account or had a Rewards
Account which was closed by us.
11.3.
To use some (but not all) of the Kazang Rewards, we
may request you to provide us with certain information about yourself, in
addition to such information required in respect of your Vending Wallet. This
information must be true, accurate, complete and up-to-date. You must update
your Rewards Account information promptly in the event of any change to this
information. Your privacy is important to us. You explicitly consent to us
accessing, processing, and retaining any information you provide to us, for the
purposes of providing payment and loyalty parts of the Kazang Rewards. This
does not affect any rights and obligations you or we have under data protection
legislation. You may withdraw this consent at any time by closing your Rewards
Account. If you do this, we will stop using your data for this purpose, but may
continue to process your data for other purposes. Our Privacy Policy
(available on www.kazang.com) explains how we collect, use, disclose, transfer
and store your information and sets out your rights to your information. We
will inform you when we make any changes to our Privacy Policy.
11.4.
We may, for any reason, decline to make the Kazang
Rewards Application with associated Rewards Account available on your Device.
We are not obliged to give a reason if we decline your application.
11.5.
Should it be applicable, we reserve the right to
carry out checks (including but not limited to checks with credit reference
agencies) for the purposes of verifying your identity and credit status and so
we can comply with our anti-money laundering and know-your-client obligations.
By agreeing to these terms, you agree to our doing so.
12.1.
To earn Kazang Rewards using your Rewards Account,
the Rewards Account is linked to your Vending Wallet or, to the extent
applicable, such other Kazang Platform.
12.2.
All Kazang Rewards accumulated in the Kazang
Rewards Application are settled directly into the Vending Wallet.
12.3.
Kazang Rewards are not eligible for Transfer to
Bank.
13.1.
You are the only authorised user of your Rewards
Account. You must not let anyone use your Rewards Account.
13.2.
If the Kazang Rewards Application is accessed on
your Device while signed into the corresponding Vending Wallet, we will assume
that you are the person accessing your Rewards Account and you will be
responsible for such use. You must notify us immediately by emailing help@kazang.com
or contact 087 550 2955 if you discover
or suspect that your Rewards Account has been compromised or suspect any
unauthorised activity. Until you do, your Rewards Account will not be secure
and you will be liable for transactions under your Rewards Account. If we
suspect that your account has been compromised or suspect an unauthorised
transaction, we may communicate with you via your registered email address or
via other secure means agreed between you and us. We may need to verify your identity
as part of this process.
13.3.
If you do not fulfil the conditions required to
claim the Kazang Rewards, we will notify you accordingly. We reserve the right
to decline your claim should you not have fulfilled the requirements associated
therewith. Furthermore, we reserve the right to alter or replace your user
details, or require you to do so, at any time. We may suspend access to your
Rewards Account in the meantime.
14.1.
You may close your Rewards Account, without charge,
at any time by emailing help@kazang.com or contact 087 550 2955. We may close your Rewards Account without reason at any time on not
less than 5 (five) days’ notice to you.
14.2.
We may, from time to time, suspend (in whole or in
part) the operation of any Kazang Rewards and / or your use of your Rewards
Account if:
14.2.1.
we suspect your Rewards Account is being used in
connection with unauthorised, fraudulent or unlawful activities;
14.2.2.
we suspect that the security of your Rewards
Account has been compromised or suspect an unauthorised transaction;
14.2.3.
we are required to do so by law, court order or the
instructions of a regulator;
14.2.4.
you breach any of these terms; or
14.2.5.
as otherwise set out in these terms.
14.3.
We may, without prior notice, immediately close
your Rewards Account if:
14.3.1.
you no longer satisfy the minimum eligibility
criteria set out above;
14.3.2.
you use the Rewards Account or Kazang Rewards in
connection with fraudulent or unlawful activities;
14.3.3.
you use the Rewards Account, Kazang Rewards or any
Kazang property and/or email addresses to make representations or announcements
that are slanderous, defamatory, fraudulent, obscene, profane, indecent,
vulgar, repulsive or offensive; or
14.3.4.
you breach any of the Terms & Conditions.
14.4.
If you have breached these terms, we may take such additional
action as we deem appropriate including by:
14.4.1.
issuing a warning to you;
14.4.2.
commencing legal proceedings against you for
recoverable loss and damage resulting from the breach (including reimbursement
of all sums paid if you have used your Rewards Account in a fraudulent manner; and/or
14.4.3.
disclosing relevant information to law enforcement
authorities.
The
actions described above are not limited and we may take any other action we
deem appropriate.
14.5.
Upon closure of your Rewards Account, for whatever
reason:
14.5.1.
all rights granted to you under these terms will
cease immediately (but this will not affect any rights or remedies which either
you or we may have in respect of anything that takes place before your Rewards
Account is closed); and
14.5.2.
you must discontinue promptly all use of your
Rewards Account, the Kazang Rewards Application and Kazang Rewards.
15.1.
If you wish to make a complaint about your Rewards
Account, please email help@kazang.com or contact 087 550 2955, giving brief details of
your complaint. A summary of our complaints handling procedures is available
our website and we can provide a copy on request.
15.2.
If you make a complaint, our customer service staff
will acknowledge your complaint by email within three business days, then
investigate and send you an initial response, having had access to an officer
with the authority to settle the complaint.
15.3.
We aim to resolve all complaints within 3 (three) business
days, but in exceptional circumstances it may take us up to 35 business days to
investigate and respond to more complex complaints. In these situations, we
will keep you regularly informed as to the progress of our investigation.
15.4.
If you are not satisfied by our response, you can
email help@kazang.com, enclosing the responses already
given. That email will then be referred to our Kazang Rewards Manager or other relevant
member of senior management, who will respond by email directly to you.
16.1.
Use of the Kazang Platform by the Vendor shall be
at the sole risk of the Vendor and the Vendor hereby indemnifies and holds
Kazang harmless against any expense, liability, loss, claim or proceeding
whatsoever arising out of or in connection with the use of the Kazang Platform
by the Vendor and/or any third party.
16.2.
The Kazang Platform shall at all times remain the
property of Kazang.
17.1.
The Vendor acknowledges and
agrees to utilise the Kazang Platform in good faith and to utilise
the Kazang Platform solely as set out herein.
17.2.
Should you be a Kazang Superwallet Vendor, you warrant and represent that any and
all funds transferred into your Kazang Superwallet are
due to you for goods delivered and/or services rendered.
17.3.
Where the Vendor breaches
any of the warranties herein, and/or utilises the
Kazang Platform or any functionality therein, for any purpose other than as set
out herein, or in a manner which contravenes these Terms & Conditions, its
duty of good faith to Kazang and/or Kazang’s
reputation, then Kazang shall be entitled to, amongst other things:
17.3.1.
suspend the operation of
the Device;
17.3.2.
suspend and/or terminate
the Vendor’s use of the Kazang Platform or any functionality therein; and/or
17.3.3.
utilise the funds in the Vendor’s Vending Wallet and/or Kazang Superwallet in whole or in part to cover any losses or
damages incurred by Kazang or a third party as a result of the Vendor’s
conduct.
17.4.
Contravention of the
Vendor’s duty of good faith to Kazang and/or Kazang’s
reputation shall include circumstances where, regardless of whether the Vendor
financially gains from his/her/its conduct, the Vendor:
17.4.1.
contravenes any Applicable
Law, Kazang’s internal policies and/or these Terms
& Conditions;
17.4.2.
interferes with Kazang’s or any third party’s rights;
17.4.3.
commits or is suspected of
committing fraud or any other suspicious activity, whether intentionally or
negligently, and whether or not proven guilty;
17.4.4.
commits any abuse, misuse,
or unauthorised use of the goods and/or services
provided by Kazang.
17.5.
The Vendor warrants that
the bank details provided for purposes of Transfer-to-Bank, Vendor Beneficiary
Payments, Supplier Payments and/or for any other purpose or payment, are true
and correct, are for bank accounts which are legitimate and not fraudulent, and
that payments liquidated into that bank account are final and irrevocable. For
the avoidance of doubt, Kazang will not be liable for any erroneous payments to
the Vendor’s bank account, nor for any damage, loss or the like arising from an
erroneous payment, incorrect bank details and/or a fraudulent bank account.
18.1.
The Vendor will obtain all necessary approvals and
consents, licenses, certificates and exemptions including any consent to
install and operate the Device and to display any advertising and signage in
respect of the Device from the landlord where the premises are leased and /or
from any local authority or regulator, where applicable prior to installation
of the Device.
Support
18.2.
The Vendor may, once it has
taken possession of the Device, where necessary, contact Kazang for technical
and commercial support in respect of training, at its own cost. Should a Kazang
representative/agent insist on the Vendor paying a fee, the Vendor agrees to
hold Kazang harmless and call Kazang vendor support on 087 550 2955.
Risk and Ownership of the Device
18.3.
Notwithstanding anything to the contrary contained
in the Agreement entered into between Kazang and the Vendor, Kazang will, at
all times, own and remain the owner of the Device, except where the Device has
been sold by Kazang to the Vendor (as contemplated hereinbelow).
18.4.
The Vendor will keep the Device free of all liens
and encumbrances.
Replacement of the Device
18.5.
Should the Device become damaged, the Vendor will
notify Kazang immediately of such damage. The Vendor will thereafter within 24
(twenty-four) hours, give Kazang written details of any such damage. Kazang
will best endeavour to repair or replace the damaged Device. Kazang has the discretion not to repair or
charge a replacement value for the Device should the damage be as a result of
the Vendor’s negligence or wilful misconduct.
18.6.
Should the Device become lost or stolen, the Vendor
will notify Kazang immediately of such loss or theft. The Vendor will
thereafter within 24 (twenty-four) hours, give Kazang written details of any
such loss or theft. Notwithstanding any clause to the contrary, the Vendor will
claim from his/her Insurance the value of the lost or stolen Device, which
value will be used to reimburse Kazang. Kazang will endeavour to replace the
lost or stolen terminal. For avoidance of any doubt, Kazang will only replace
the lost or stolen terminal following the full payment of the replacement
value.
18.7.
In all cases, as regards any report concerning a
theft, loss, or case of damage, Kazang will provide the Vendor with a reference
number, which must be quoted by the Vendor in all and any subsequent follow up
communications with Kazang. Failure to quote the reference number will result
in Kazang not being able to provide the Vendor with any feedback relating to
the matter.
18.8.
Once Kazang has received all details from the
Vendor as regards the loss or damage, Kazang, in its sole discretion, will use
its reasonable efforts to repair and/or to replace the Device within a
reasonable period.
18.9.
Notwithstanding anything to the contrary contained
in this Agreement, where the Device has been previously lost, stolen or damaged
(in other words on more than one occasion), and Kazang has received
notification from the Vendor that the Device has been lost, damaged or stolen
once again, Kazang will at its sole and absolute discretion decide whether it
will repair, replace or re-install the Device at the Premises. Should Kazang
ascertain that the Vendor is a high risk Vendor, and accordingly elect not to
replace, re-install or repair the Device and accordingly elects as a result to
terminate the Agreement, Kazang will notify the Vendor in writing, within a 10
(ten) Day period, of such election and decision and the reasons therefore and
the Agreement will thereafter be deemed to have come to an end, this election
being without prejudice to any rights which Kazang may have in consequence of
its election to terminate the Agreement.
18.10.
In the event of any re-installation, replacement or
repair, the Vendor will allow Kazang all reasonable access to the Premises
during the Vendor’s ordinary business hours for the purpose of installing or
repairing the Device and the provisions of this Agreement relating to the
installation of the Device will apply in the same manner (mutatis mutandis) to
the replacement, re-installation and/or uplifting of the Device.
Fees
18.11.
The Vendor shall be liable
for a monthly rental amount, which rental amount shall be levied and deducted
from either the Vending Wallet or the Kazang Superwallet, as applicable, for each
month which the Vendor fails to meet the minimum throughput on the Vending
Wallet or the Kazang Superwallet, as applicable, as
advised by Kazang from time to time.
Relocation or Removal
18.12.
Where the Vendor is forced to relocate and/or move
from the Premises, it will have to apply for and obtain written permission from
Kazang before the Device can be relocated, which application must be made in
writing at least 1 (one) month before the anticipated relocation or removal of
the Device.
18.13.
On receipt of the application Kazang may in its
sole and absolute discretion, consent to the requested removal, provided always
that the removal is to a site or alternative Premises which Kazang has in
writing confirmed is suitable and acceptable for the installation of the
Device.
18.14.
Kazang will have the right to attach any conditions
to any relocation and/or removal, of the Device including any variation or
adjustment of the fees and charges detailed under this Agreement.
18.15.
Kazang will be the only party entitled to affect
such removal and relocation and any consequential installation, which costs
will be paid for by the Vendor, on demand and by way of debit order, Kazang
Supplier Payment, or electronic transfer.
18.16.
The Agreement, save for the description of the new
premises and any changes to the fee and charges, will apply to any relocation.
18.17.
Any relocation or removal, which is not done in
accordance with this clause, will be a material breach of the Agreement.
Consequences of Termination of the Agreement
18.18.
Subject to clause 27 of these Terms and Conditions, the Vendor shall
return to Kazang the Device upon termination of the Agreement. Should the
Device not be returned by the Vendor within 7 (seven) Days of written request
to do so, the Vendor will be liable to pay a replacement fee for the Device.
18.19.
Should Kazang be required to collect the Device for
whatever reason, Kazang will be allowed access to the premises for the purposes
of removing the Device, which will be done at the cost of the Vendor and added
to any damages claim Kazang may have, from the Vendor’s Premises:
18.19.1.
Vendor will be liable for a collection fee; and
18.19.2.
Any damages incurred to the Premises as a result of
the removal will be for the Vendor’s account- Kazang expressly advising that it
will not be liable for these, if any, amounts.
18.20.
All amounts stated above are exclusive of VAT and
payable within 7 (seven) Days of written request to do so.
18.21.
In the event of the Agreement being terminated by
the Vendor as a result of a breach by Kazang, the Vendor will allow Kazang
access to the Premises for the purpose of removing the Device, which will be
done at Kazang’s own cost and expense.
19.1.
The Vendor will obtain all necessary approvals and
consents, licenses, certificates and exemptions including any consent to
install and operate the Device and to display any advertising and signage in
respect of the Device from the landlord where the premises are leased and /or
from any local authority or regulator, where applicable prior to installation
of the Device.
Support
19.2.
The Vendor may, once it has
taken possession of the Device, where necessary, contact Kazang for technical
and commercial support in respect of training, at its own cost. Should a Kazang
representative/agent insist on the Vendor paying a fee, the Vendor agrees to
hold Kazang harmless and call Kazang vendor support on 087 550 2955.
Risk and Ownership
19.3.
All risk in and to the Device and related services
shall pass to the Vendor once the Vendor has taken
possession of the Device, however, ownership shall remain vested in Kazang
until the full purchase price has been paid to Kazang.
Fees
19.4.
The Devices will be supplied to the Vendor on a
rental basis until the full purchase price of the Device has been paid to Kazang.
The purchase price of the Device is set out in the onboarding documentation.
19.5.
The Vendor shall be liable
for a monthly rental amount, which rental amount shall be levied and deducted
from either the Vending Wallet or the Kazang Superwallet,
as applicable, for each month which the Vendor fails to meet the minimum
throughput on the Vending Wallet or the Kazang Superwallet,
as applicable, as advised by Kazang from time to time.
19.6.
The Vendor will be liable to pay such other fees as
may be contemplated in the onboarding documentation, which fees shall be due
upon receipt of invoice, unless otherwise provided in the onboarding
documentation.
Standard Warranty
19.8.1.
cracked and/or broken screens;
19.8.2.
instances where the Device has been tampered with
(and the warranty sticker is broken);
19.8.3.
instances where the cables are cut, damaged or
faulty;
19.8.4.
broken clips on the Device’s cover;
19.8.5.
any visible damage to the Device that may impact
the device’s functionality;
19.8.6.
liquid damage;
19.8.7.
broken or damaged USB/charging ports/pins;
19.8.8.
damaged battery due to tampering; and/or
19.8.9.
damaged, lost or stolen SIMs;
19.8.10.
If:
19.8.10.1.
a defect arises, other than those not covered by
the warranty, as contemplated in clause 19.8 above; or
19.8.10.2.
the following occurs in relation to the Device:
19.8.10.2.1.
normal wear and tear;
19.8.10.2.2.
the printer breaks;
19.8.10.2.3.
the touch screen is not operational and there is no
visible damage;
19.8.10.2.4.
faulty batteries;
19.8.10.2.5.
faulty charging base; and/or
19.8.10.2.6.
faulty SIM and there is no visible damage,
within 6 (six) months from
the date that the Vendor has taken possession of the Device, and is proven by
way of a written report, then Kazang will replace the Device, with the Vendor
to pay any amounts that may be due in law, provided the device is in its
original packaging and returned to Kazang at the Vendor’s costs. After the
expiry of the 6-month period, the Vendor will be obligated to ‘rent to purchase’
a new device in such instances.
19.9.
Kazang shall in no way be liable for any damage
caused to the Device through misuse, negligence or misconduct by the Vendor.
19.10.
In the event of any damage to a device due to gross
negligence of the Vendor, such as but not limited to water damage or a damaged
screen, the Vendor may purchase a new device, however Kazang will not be
required to fix the device.
19.11.
The Vendor acknowledges that Kazang does not offer
insurance products and, as such, the Device is not insured.
Warranties in terms of the Consumer Protection Act 68 of 2008
19.12.
Kazang warrants that the Device is suitable for its
intended purpose, free from defects and will operate the way it was designed if
the Vendor carries out all of its obligations in terms
of the Agreement.
19.13.
If the Device is defective, Kazang will replace the
Device subject to clause 19.7.
19.14.
If the Device has been accepted for return, the
following terms apply, subject to the Vendor being liable for collection and/or
delivery costs:
19.14.1.
if the original packaging is unopened, there will
be no charge; and
19.14.2.
if the Device is in its original condition and
repacked in the original packaging, a reasonable amount may be charged for:
19.14.2.1.
use of the Device; and
19.14.2.2.
necessary costs associated with restoration of the
Device for restocking.
19.15.
Kazang will provide purchasers with the above
remedies only as far as is provided for in the Consumer Protection Act.
Return of Goods and Order Cancellation
19.16.
Kazang is under no obligation to accept the return
of goods, which it may do so within its own discretion and upon terms and
conditions to be agreed upon between the parties, except if the Vendor has a
right in terms of any consumer law to return goods.
20.1.
The Vendor will obtain all necessary approvals and
consents, licenses, certificates and exemptions including any consent to
install and operate the Device and to display any advertising and signage in
respect of the Device from the landlord where the premises are leased and /or
from any local authority or regulator, where applicable prior to installation of
the Device.
Support
20.2.
The Vendor may, where
necessary, contact Kazang for technical and commercial support in respect of
training, at its own cost, once the Vendor takes possession of the Device.
Should a Kazang representative/agent insist on the Vendor paying a fee, the
Vendor agrees to hold Kazang harmless and call Kazang vendor support on 087 550
2955.
Risk and Ownership
20.3.
All risk in and to the Device and related services
and ownership of the Device shall pass to the Vendor once the Vendor takes
possession of the Device.
Fees
Standard Warranty
20.5.
Kazang warrants that the Device will be free from
apparent defect as far as workmanship is concerned.
20.6.
Notwithstanding the above, but at all times subject to the provisions of the CPA, the warranty
does not cover the following:
20.6.1.
cracked and/or broken screens;
20.6.2.
instances where the Device has been tampered with
(and the warranty sticker is broken);
20.6.3.
instances where the cables are cut, damaged or faulty;
20.6.4.
broken clips on the Device’s cover;
20.6.5.
any visible damage to the Device that may impact
the device’s functionality;
20.6.6.
liquid damage;
20.6.7.
broken or damaged USB/charging ports/pins;
20.6.8.
damaged battery due to tampering; and/or
20.6.9.
damaged, lost or stolen SIMs;
20.6.10.
If:
20.6.10.1.
a defect arises, other than those not covered by
the warranty, as contemplated in clause 20.7 above; or
20.6.10.2.
the following occurs in relation to the Device:
20.6.10.2.1.
normal wear and tear;
20.6.10.2.2.
the printer breaks;
20.6.10.2.3.
the touch screen is not operational and there is no
visible damage;
20.6.10.2.4.
faulty batteries;
20.6.10.2.5.
faulty charging base; and/or
20.6.10.2.6.
faulty SIM and there is no
visible damage,
within 6 (six) months from
the date that the Vendor has taken possession of the Device, and is proven by
way of a written report, then Kazang will replace the Device, with the Vendor
to pay any amounts that may be due in law, provided the device is in its
original packaging and returned to Kazang at the Vendor’s costs. After the
expiry of the 6-month period, the Vendor will be obligated to purchase a new
device in such instances.
20.7.
Kazang shall in no way be liable for any damage
caused to the Device through misuse, negligence or misconduct by the Vendor.
20.8.
In the event of any damage to a device due to gross
negligence of the Vendor, such as but not limited to water damage or a damaged
screen, the Vendor may purchase a new device, however Kazang will not be
required to fix the device.
20.9.
The Vendor acknowledges that Kazang does not offer
insurance products and, as such, the Device is not insured.
Warranties in terms of the Consumer Protection Act 68 of 2008
20.10.
Kazang warrants that the Device is suitable for its
intended purpose, free from defects and will operate the way it was designed if
the Vendor carries out all of its obligations in terms
of the Agreement.
20.11.
If the Device is defective, Kazang will replace the
Device subject to clause 20.7.
20.12.
If the Device has been accepted for return, the
following terms apply, subject to the Vendor being liable for collection and/or
delivery costs:
20.12.1.
if the original packaging is unopened, there will
be no charge; and
20.12.2.
if the Device is in its original condition and
repacked in the original packaging, a reasonable amount may be charged for:
20.12.2.1.
use of the Device; and
20.12.2.2.
necessary costs associated with restoration of the
Device for restocking.
20.13.
Kazang will provide purchasers with the above
remedies only as far as is provided for in the CPA.
Return of Goods and Order Cancellation
20.14.
Kazang is under no obligation to accept the return
of goods, which it may do so within its own discretion and upon terms and
conditions to be agreed upon between the parties, except if the Vendor has a
right in terms of any consumer law to return goods.
21.1.
To the fullest extent
permitted by law, Kazang disclaims and excludes all representations, warranties
and guarantees, whether implied or express and whether arising by law, contract
or a course of dealings between you and Kazang.
21.2.
Kazang does not guarantee
the continuous or uninterrupted operability of the Kazang Platform. There may
be periods of downtime for maintenance and upgrade work (whether on a scheduled
or unscheduled basis). Kazang is not responsible for the security of information
that you choose to communicate with Kazang while it is being transmitted or for
any data lost during transmission.
21.3.
Subject to the above, in no
event shall Kazang, our agents, officers, employees or sub- contractors be
liable to you for any loss or corruption of data, software or hardware; loss of
anticipated savings; loss of profit or economic losses; indirect, special or
consequential losses and any liability Kazang does have for losses you suffer
is strictly limited to losses that were reasonably foreseeable and, in any
case, shall not exceed the sum of R10,000.
21.4.
Kazang will not be liable
or responsible for any failure to perform, or delay in performance of, any of
our obligations that is caused by any act or omission of a third party or
events outside our reasonable control.
21.5.
The Vendor acknowledges and agrees that it shall be liable for:
21.5.1.
the risk of any loss or damage, suffered as a
result of using the Kazang Platform and which loss is occasioned as a result of
any theft, attempted theft, fraudulent tampering, attempted tampering, fraud,
attempted fraud, vandalism, theft of and/or attempts to access, intercept and
steal personal details and /or information or cash from the Vendor or any third
party;
21.5.2.
the risk of any loss or damage, suffered due to the
theft of the Vendor’s consumer’s banking details;
21.5.3.
the risk of any loss or damage, suffered due to the
theft or interception of the banking details provided by the Vendor in respect
of Vendor Beneficiary Payments;
21.5.4.
risk of any loss or damage arising from or to the Device;
21.5.5.
the risk of any loss or damage, suffered by the
Vendor, third party or its consumers due to any unauthorised interception
and/or monitoring of information by a third party of the Vendor, its consumers,
or financial institution information;
21.5.6.
the risk of any loss or damage, suffered by the
Vendor or its consumers due to any failed, late or delayed Transactions, save
where either the Vendor or its consumer can show that any loss or damage was
due to the gross negligence of Kazang and/or a defect in the Kazang Platform
which has been caused solely by Kazang and subject always to the provisions and
defences permitted under the CPA;
21.5.7.
the risk of any damage in the case of a network
breakdown, system failure or equipment malfunction or damage to facilities
caused by power failures or similar events or loss or damage caused by events
beyond Kazang’s control;
21.5.8.
the risk of any loss, damage or claims arising out
of any transactions other than electronic transactions or transactions not
prescribed in these Terms & Conditions, suffered by the Vendor in the event that the Vendor processes manual transactions.
22.1.
The Vendor must at all times comply with Applicable Laws and such Kazang
internal policies.
22.2.
The Vendor indemnifies and
holds Kazang harmless against any loss or liability it may suffer as a result of non-compliance by you.
22.3.
The Vendor acknowledges
that it is illegal to overcharge for any Product, including electricity, and
therefore undertakes not to upsell any Product. The Vendor hereby indemnifies
Kazang against any claims, loss or expense incurred by Kazang as a result of the Vendor’s failure to comply with this
undertaking.
22.4.
The Vendor indemnifies
Kazang against all risk, loss, damage or claims arising out of processing of
Transactions and/or its use of the Kazang Platform. For the avoidance of doubt,
the Vendor assumes all liability and all risk associated with Transactions and
its use of the Kazang Platform, save where the Vendor can show that any loss or
damage was due to the gross negligence of Kazang and/or a defect in the Kazang
Platform which has been caused solely by Kazang.
23.1.
The Vendor may not and
shall not transfer or assign any or all of its rights
or obligations under these Terms & Conditions without the prior written
consent of Kazang.
23.2.
The Vendor may not and
shall not hand over the Device(s) or its use of the Kazang Platform to any
third party without the prior written consent of Kazang.
24.1.
By agreeing to these Terms &
Conditions, you hereby give Kazang consent to process your Personal Information
as provided for herein for the purpose of Kazang performing the obligations
related to the product offering. The processing of your Personal Information
shall be done in accordance with the Privacy Policy contained on Kazang’s
website https://connected.co.za/privacypolicy as updated from time to time.
24.2.
Kazang as well as its as
Affiliates, including but not limited to the “Connect Group”, being those
companies listed in the Privacy Policy, wishes to send you information by means
of electronic communication about the “Services” (as defined in the Privacy
Policy) offered by the Connect Group, including cash management, card payments,
prepaid solutions and access to business funding. By providing your consent
hereto, you further give consent for Kazang to share your contact
details with the other entities within the Connect Group.
24.3.
By agreeing to these Terms &
Conditions, you hereby give Kazang consent to share your contact details
within the Connect Group and the Connect Group sending you electronic
communication about the Services (as defined in the Privacy Policy).
25.1.
All Intellectual Property
will be the sole and exclusive property of Kazang. You acknowledge, and warrant
in favour of Kazang, that you do not, and will not acquire, any right, title,
or interest in and to the Intellectual Property.
25.2.
You will not use the
Intellectual Property except as expressly set out in these Terms &
Conditions. You may not modify, sell, copy, sub-license or allow third-party
access to, any of the Intellectual Property.
25.3.
You must ensure that all
promotional and advertising material as may be provided by Kazang to you from
time to time, is always displayed in accordance with Kazang’s directions and
requirements.
26.1.
The Vendor shall be deemed
to be in breach of these Terms & Conditions if:
26.1.1.
the Vendor breaches any of the terms of these Terms & Conditions;
26.1.2.
any judgment or order is
made against the Vendor;
26.1.3.
a creditor attaches or
takes possession of, or a distress, execution, sequestration or other similar
process for the enforcement of creditors’ rights is levied or enforced upon or
against any material part of the assets, rights or income of the Vendor; and/or
26.1.4.
the Vendor becomes
insolvent or stops or suspends payment of, or admits inability to pay, its
debts generally as and when they fall due or is unable to pay its debts as and
when they fall due or commences negotiations with its creditors generally with
a view to the general readjustment or re-scheduling of all or part of its
indebtedness to such creditors or proposes or enters into any composition or
other arrangement for the benefit of its creditors generally, or proceedings
are commenced in relation to the Vendor under any Applicable Law, internal
policies, regulation or procedure relating to the reconstruction or
readjustment of debts.
27.1.
Kazang is entitled to
cancel, terminate, or suspend your use of the Kazang Platform in respect of all
Transactions or selected types of transactions immediately, or any combination
of these actions, as may be permissible in law, without prejudice to any of our
other rights (that is, without barring or limiting any future action), if:
27.1.1.
you have breached any of
the terms of these Terms & Conditions, or the provisions of any other
agreement between us;
27.1.2.
you fail and/or refuse to
abide by the terms of these Terms & Conditions, or other instructions from Kazang;
27.1.3.
we have reason to believe
that the Kazang Platform has been or is likely to be misused;
27.1.4.
we suspect any illegal
and/or fraudulent use of the Kazang Platform and/or its functionalities;
27.1.5.
you have provided us with
false or inaccurate information;
27.1.6.
we are required to, by law,
to do so; or
27.1.7.
if we need to protect our
interests or the interests of a third party.
27.2.
Kazang reserves the right
to terminate or suspend your access to and use of the Kazang Platform upon
written notice, without any liability to you or any third party.
28.1.
Kazang reserves the right
to make changes to these Terms & Conditions as and when Kazang deems it
necessary in its sole discretion.
28.2.
Kazang will notify you of
any change(s), including details of when any such changes will come into
effect. It is your responsibility to keep up to date and comply with the
latest version of this document.
28.3.
Subject to any statutory
notice period, you will be deemed to have accepted the change(s) if (a) you
continue to use the Kazang Platform after the date specified for the change; or
(b) you do not terminate your use of the Kazang Platform before the date specified
for the change.
29.1.
If Kazang fails to enforce
any of its rights hereunder, that does not result in a waiver of that right.
29.2.
If any provision of these
Terms & Conditions is found to be unenforceable, all other provisions shall
remain unaffected.
29.3.
These Terms &
Conditions may not be varied by the Vendor except with Kazang’s prior express
written consent.
29.4.
These Terms &
Conditions and any document expressly referred to in therein represents the
entire agreement between you and Kazang in relation to the subject matter of these
Terms & Conditions. Kazang is required by law to advise you that the
contract formed herein may be concluded in the English language only and that
no public filing requirements, if applicable, apply.
29.5.
Upon request, Kazang will
provide you with a copy of these Terms & Conditions or any part of the
information contained herein. You can download these Terms & Conditions from
Kazang’s website at any time.
29.6.
No third party has the
right to enforce any terms of these Terms & Conditions.
29.7.
The laws of the Republic of
South Africa shall govern as to the interpretation, validity and effect of these Terms & Conditions and the use of the Kazang Platform
notwithstanding your domicile, residence or physical location.
29.8. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to these Terms & Conditions.