Terms & Conditions
1 IMPORTANT – READ THIS CAREFULLY
1.1 You must please read this Agreement. The terms and conditions of this Agreement are important and are the basis upon which You and iKhokha and the Bank will do business with each other.
1.2 While reading the Agreement, you will see that some terms and conditions are in capital letters. These are important but all of the other terms and conditions are also important and must be read as well.
1.3 To print/save a copy of this Agreement, use the viewer that is used to open this document. To print/save a copy of any other terms and conditions referred to in this Agreement, use the links as indicated, where You will be given an opportunity to print/save them
In this Agreement, unless a contrary intention clearly appears, the following terms (including their capitalised equivalents when used in clauses that contain capital letters) shall bear the meanings assigned to them and similar expressions shall have corresponding meanings –
2.1 “Agreement” means this agreement with its terms and conditions together with any other terms and conditions referenced by this agreement, including as any of them might be amended from time to time;
2.2 “Bank” means a bank, registered as such in terms of the Banks Act, 1990, which acts as the acquiring bank to process the debit/credit/pre-paid card payment component of iKhokha Transactions, and which has appointed iKhokha as a payments gateway and/or payment aggregator to facilitate the transfer of the debit/credit/pre-paid card payment component of iKhokha Transactions to the acquiring bank to be processed;
2.3 “Business Day” means any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time;
2.4 “CPA” means the Consumer Protection Act, 2008;
2.5 “ECTA” means the Electronic Communications and Transactions Act, 2002;
2.6 “FICA” means the Financial Intelligence Centre Act, 2001;
2.7 "Force Majeure" means, without limitation as to nature or kind, any one or more or any combination of –
2.7.1 any power, force or agency which cannot be resisted or controlled by the ordinary person;
2.7.2 any greater or superior or irresistible force;
2.7.3 anything exceptional, extraordinary or unforeseen, which human foresight cannot be expected to anticipate;
2.7.4 acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, interruption of essential services from public utilities(including electricity, water and sewerage), combination of workmen, prohibition of exports, rationing of supplies, flood, storm, fire or any other circumstances beyond the reasonable control of a party;
2.7.5 inability on the part of iKhokha, as a result of anything of the nature contemplated in this clause 2.7, to obtain goods and/or services from its supplier or contemplated supplier(including any telecommunications supplier or Bank);
2.8 "iKhokha" means iKhokha Proprietary Limited, a company duly registered and incorporated with limited liability under the company laws of the Republic of South Africa underregistration number 2012/067507/07 and having its principal place of business at 3rd Floor, Ridgeview Building, 1 Nokwe Avenue, Umhlanga Ridge, 4319, Kwa-Zulu Natal, Republic of South Africa;
2.9 "iKhokha Accessories" means accessories made available from time to time by iKhokha for iKhokha Card Machines (some of which may be optional and/or iKhokha Card Machine specific),including clips, battery chargers, counter stand, charging docks, tablet stands, cash drawers and Bluetooth printers;
2.10 “iKhokha Card Machines” means the card machines made available from time to time by iKhokha;
2.11 “iKhokha Software” means –
2.11.1 the firmware (a type of software) associated with an iKhokha Card Machine;
2.11.2 the iKhokha smartphone software application which enables the processing of iKhokha Transactions via the Website;
2.11.3 any update, upgrade and new version which iKhokha might make available to any of them, from time to time;
2.12 "iKhokha System" means an iKhokha Card Machine and/or iKhokha Software and/or iKhokha Accessories, as the case may be;
2.13 "iKhokha Transaction" means a transaction processed on the iKhokha System and/or the iKhokha Software via the Website, being either a –
2.13.1 debit/credit/pre-paid card payment; or
2.13.2 mobile wallet payment; or
2.13.3 acceptance of an electronic coupon; or
2.13.4 merchant reporting and analytics transaction;
2.14 "Purchase" means acquiring an iKhokha System including a download of the iKhokha Software and/or acquiring a separate download of the iKhokha Software which will grant a licence giving You certain rights to use the iKhokha Software (see, in particular, clause 7 for the associated licence terms);
2.15 "Received Payment" means when the funds payable/paid by You in respect of a Purchase have been cleared to iKhokha by its bankers following any holding period which may have been placed on those funds;
2.16 "Registered User" means a person who has applied to become, and has subsequently been accepted by iKhokha as, a registered user of –
2.16.1 those features or operations on the Website which require registration; and/or
2.16.2 the iKhokha System (following aPurchase) in order to process iKhokha Transactions;
2.17 "Website" means the website at www.ikhokha.com, including all associated subdomains, which is owned and operated by iKhokha;
2.18 "You" means any person who browses the Website and also means anyRegistered User, and "Your" will have a corresponding meaning.
3.1 NO PROVISION IN THIS AGREEMENT WILLBE INTERPRETED OR CONSTRUED TO –
3.1.1 LIMIT OR EXEMPT IKHOKHA FROM LIABILITY TO YOU FOR ANY LOSS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF IKHOKHA, OR, TO CONSTITUTE AN ASSUMPTION BY YOU OF ANY SUCH RISKOR LOSS;
3.1.2 EXCLUDE, WAIVE OR DEPRIVE YOUOF ANY OF THOSE OF YOUR RIGHTS IN TERMS OF THE CPA OR ECTA OTHER THAN AS PERMITTED IN TERMS OF THOSE ACTS;
3.1.3 AVOID ANY COMPULSORY OBLIGATION OR DUTY IMPOSED BY THE CPA OR ECTA UPON IKHOKHA AS A SUPPLIER.
3.2 Clause headings in this Agreement are for the purpose of convenience and reference only and capitalisation of terms and conditions in this Agreement are for the purpose of drawing attention to them only, and neither of these will be used in the interpretation of nor modify nor amplify its terms nor any of its clauses.
3.3 In this Agreement unless a contrary intention clearly appears, words importing: any one gender include the other two; the singular include the plural (and the converse will apply); natural persons include legal entities (corporate or unincorporate) and the state (and the converse will apply).
3.4 Any reference to legislation in this Agreement is to that legislation as it is currently and as amended or re-enacted from time to time.
3.5 Any substantive provision in a definition in this Agreement which grants rights or imposes obligations on a party will, despite it being in a definition, be given effect as if it is a substantive provision in the body of this Agreement.
3.6 When a number of days is prescribed in this Agreement, they will be counted exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day will be the next following Business Day.
3.7 Reference to days, months or years in this Agreement will be interpreted as Western calendar (the internationally accepted civil calendar) days, months or years. Reference to time is to South Africa Standard Time.
3.8 The use in this Agreement of any expression covering a process available under South African law such as a winding-up (without limitation as to the nature or kind of process) will, if any party to this Agreement is subject to the law of another jurisdiction, be construed as including equivalent or similar proceedings under that law.
3.9 Any term defined within the context of any particular clause in this Agreement will, unless otherwise determined by the context, bear that meaning for all purposes in terms of this Agreement, despite that term not being defined in the definition clause.
3.10 Expiration or termination of this Agreement will not affect those provisions which expressly provide that they will continue to operate thereafter, or which of necessity must continue to have effect thereafter, despite such clauses not expressly providing for this.
3.11 In this Agreement the rule of construction that a contract will be interpreted against the party responsible for the drafting or preparation of the contract, will not apply.
3.12 Any reference in this Agreement to a Party will, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party's liquidator or trustee, as the case maybe.
3.13 In this Agreement the words "include", "including" and "in particular" will be interpreted as being by way of example or emphasis only and will not be interpreted or take effect as limiting the generality of any prior words.
3.14 In this Agreement the words "other" and "otherwise" will not be interpreted as being limited to the nature or kind of any prior words where a wider construction is possible.
4 legal capacity and this agreement
4.1 Browsing this Website, BEING a Registered User, making Purchases, OPERATING THE IKHOKHA SYSTEM AND PERFORMING IKHOKHA TRANSACTIONS are each subject to the terms and conditions of this Agreement.
4.2 If You browse the Website, apply to become a Registered User, make a Purchase, operate the iKhokha System or perform iKhokha Transactions, You are representing to iKhokha that –
4.2.1 You are 18 years of age or older and You have full legal capacity to enter into this Agreement without the assistance of a guardian, curator or trustee (or similar such appointee); alternatively
4.2.2 You are 18 years of age or older and You have full legal capacity to enter into this Agreement because You are being assisted to enter into this Agreement by Your guardian, curator or trustee (or similar such appointee); alternatively
4.2.3 You are younger than 18 years of age and You have full legal capacity to enter into this Agreement because You are being assisted to enter into this Agreement by Your guardian, curator or trustee (or similar such appointee).
4.3 If You –
4.3.1 are younger than 18 years of age and are not being assisted to enter into this Agreement by Your guardian, curator or trustee (or similar such appointee); or
4.3.2 are 18 years of age or older but do not have full legal capacity to enter into this Agreement without the assistance of a guardian, curator or trustee (or similar such appointee), then stop using the Website, do not apply to become a Registered User, do not make a Purchase, do not operate the iKhokha System, do not perform iKhokha Transactions and seek the advice and assistance of Your guardian, curator or trustee (or similar appointee) in this regard.
4.4 If You continue to browse the Website, apply to become a Registered User, make a Purchase, operate the iKhokha System or perform iKhokha Transactions then by doing so You are agreeing to and will be deemed to have agreed to the terms and conditions of this Agreement. If You do not want to agree to them, then stop using the Website, do not apply to become a Registered User, do not make a Purchase, do not operate the iKhokha System, do not perform iKhokha Transactions. Please remember that it is Your right to choose not to be bound by the terms and conditions of this Agreement.
4.5 iKhokha reserves the right to amend the terms and conditions of this Agreement (including the Bank's associated terms and conditions and the online store's associated terms and conditions) at any time by publishing an updated Agreement on-line on the Website. You must check regularly for any new amendments. If You browse the Website, are a Registered User or make Purchases but do not want to be bound by any amended Agreement, then stop using the Website, do not continue as a Registered User, do not makePurchases, do not operate the iKhokha System and do not perform iKhokha Transactions. You must notify iKhokha (by delivery, post, fax or e-mail to the address in clause 21) that You do not wish to be bound by the amended Agreement and following termination You will not be able to do any further business with iKhokha or any Bank. Whichever version of the Agreement that You agreed to up until the point of termination will remain binding on You and will continue to apply in respect of all Purchases and all business which You conducted with iKhokha or a Bank prior to termination. If You continue to browse the Website, continue as a Registered User, make a Purchase, operate the iKhokha System or perform iKhokha Transactions then You are agreeing to and will be deemed to have agreed to the amended terms and conditions of this Agreement.
4.6 The right of (a) admission to the Website, (b) to be a Registered User, (c) to make Purchases, (d) to operate the iKhokha System, and (e) to perform iKhokha Transactions is reserved. iKhokha reserves the right, at any time and from time to time, without prior notice to You to –
4.6.1 require You to validate Your details as a Registered User; and/or
4.6.2 prevent You from browsing the Website; and/or
4.6.3 reject Your application to become a Registered User; and/or
4.6.4 revoke Your Registered User account; and/or
4.6.5 decline to accept any Purchase You wish to make; and/or
4.6.6 prevent You from operating the iKhokha System; and/or
4.6.7 prevent You from performing iKhokha Transactions, and in each such case, IKHOKHA'S DECISION IS FINAL AND WILL BE BINDING ON YOU.
4.7 YOU WILL REQUIRE COMPUTER EQUIPMENT AND TELECOMMUNICATION CONNECTIVITY IN ORDER TO USE THE WEBSITE, TO MAKE PURCHASES, TO OPERATE THE IKHOKHA SYSTEM, TO PERFORM IKHOKHA TRANSACTIONS ANDTO SEEK TECHNICAL SUPPORT FROM IKHOKHA. THE COST OF THIS IS FOR YOUR ACCOUNT AND IKHOKHA WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH COSTS. YOUR COMMUNICATIONS WITH AND YOUR OPERATION AND USE OF THE WEBSITE, THE IKHOKHA SYSTEM, PERFORMING IKHOKHA TRANSACTIONS AND MAKING PURCHASES ARE ACROSS THE INTERNET WHICH IS A GLOBAL PUBLIC NETWORK SYSTEM. IKHOKHA STRONGLY RECOMMENDS THAT YOU TAKE SECURITY MEASURES AGAINST MALICIOUS COMPUTER SOFTWARE, CODE OR ROUTINES THAT CAN TARGET COMPUTER EQUIPMENT AND TELECOMMUNICATION CONNECTIVITY.
4.8 IKHOKHA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE (INCLUDING WHEN OPERATING THE IKHOKHA SYSTEM AND/OR PERFORMING IKHOKHA TRANSACTIONS) OR MAKING PURCHASES WILL BE UNINTERRUPTED,ERROR FREE OR THAT ANY INFORMATION (OR COMMUNICATIONS) TRANSMITTED VIA THE WEBSITE (INCLUDING WHEN OPERATING THE IKHOKHA SYSTEM AND/OR PERFORMING IKHOKHA TRANSACTIONS) OR MAKING PURCHASES WILL BE TRANSMITTED ACCURATELY, RELIABLY, INA TIMELY MANNER OR AT ALL. YOUR ACCESS TO THE WEBSITE (INCLUDING WHEN OPERATING THE IKHOKHA SYSTEM AND/OR PERFORMING IKHOKHA TRANSACTIONS) OR MAKING OF PURCHASES MAY BE RESTRICTED, FROM TIME TOTIME TO ALLOW FOR UPDATES, REPAIRS AND MAINTENANCE TO IKHOKHA'S SYSTEMS.
4.9 YOU WARRANT TO IKHOKHA THAT ALL INFORMATION PROVIDED BY YOU TO IKHOKHA WHETHER THROUGH THE WEBSITE (INCLUDING WHEN OPERATING THE IKHOKHA SYSTEM AND/OR PERFORMING IKHOKHA TRANSACTIONS), WHEN MAKING PURCHASES OR THROUGH ANY OTHER FORM OF COMMUNICATION, IS TRUE AND CORRECT AND THAT IKHOKHA MAY RELY AND ACT UPON THAT INFORMATION ACCORDINGLY.
4.10 YOU WARRANT TO IKHOKHA THAT MATERIAL WHICH YOU SEND, FORWARD OR POST TO IKHOKHA, THROUGH THE WEBSITE (INCLUDING WHEN OPERATING THE IKHOKHA SYSTEM AND/OR PERFORMING IKHOKHA TRANSACTIONS), WHEN MAKING PURCHASES OR ANY OTHER FORM OF COMMUNICATION, WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.
4.11 YOU WARRANT TO IKHOKHA THAT YOU WILL NOT OPERATE THE IKHOKHA SYSTEM AND/OR PERFORM IKHOKHA TRANSACTIONS FOR ILLEGAL PURPOSES. SHOULD IKHOKHA HAVE REASONABLE GROUNDS TO SUSPECT THAT (A) YOU ARE OPERATING THE IKHOKHA SYSTEM AND/OR PERFORMING IKHOKHA TRANSACTIONS FOR ILLEGAL PURPOSES, OR (B) YOUR IKHOKHA SYSTEM IS BEING USED FOR ILLEGAL PURPOSES, IKHOKHA RESERVES THE RIGHT TO IMMEDIATELY BLOCK YOUR IKHOKHA SYSTEM. IKHOKHA WILL THEN NOTIFY YOU OF IKHOKHA'S ACTION AND ADVISE THE PROCEDURE YOU NEED TO FOLLOW FOR INVESTIGATION OF THE MATTER.
4.12 iKhokha may send You communications which will, generally, fall into two categories –
4.12.1 business communications relating to the conduct of Your business with iKhokha and/or the Bank;
4.12.2 marketing communications. You may, at any time, require iKhokha to stop sending You marketing communications by using any unsubscribe link that may appear in those marketing communications, alternatively, you can also achieve this by sending Your request to iKhokha by delivery, post, fax or e-mail to the address in clause 20.
4.13 Registered Users
43.1 You apply to become a RegisteredUser You will be asked to read and to agree to the terms and conditions of thisAgreement (including the Bank's associated terms and conditions and the online store's associated terms and conditions) as part of the registration process. If –
126.96.36.199You are prepared to agree to them, then press the 'accept' or 'agree' or 'yes' button and by pressing it You agree to the terms and conditions in this Agreement and to be bound by them. All business that You do with iKhokha and a Bank on or via the Website or using the iKhokha System, will be subject to this Agreement;
188.8.131.52 You do not want to agree tothem, then press the 'reject' or 'do not agree' or 'no' button and by pressing itthe registration process will be terminated and You will not be registered as aRegistered User and will not be able to do any Registered User related businesswih iKhokha or a Bank.
4.13.2 In order to Purchase an iKhokhaSystem, to operate the iKhokha System and to perform iKhokha Transactions, Youmust be a Registered User.
4.13.3 iKhokha will retain a copy of the version of the Agreement by which You are bound from time to time. You may request a copy of this from iKhokha at any time.
4.13.4 iKhokha reserves the right, at any time and from time to time, without prior notice to close any Registered User account if iKhokha forms the opinion that that it is a threat to the security or operation of the systems of iKhokha or is disruptive to or causes harassment of any other Registered User.
5 IKHOKHA TRANSACTIONS
5.1 iKhokha, acting as a payments gateway and/or payment aggregator, facilitates the transfer to the Bank of the debit/credit/pre-paid card payment component of iKhokha Transactions to be processed. The Bank, not iKhokha, will process the debit/credit/pre-paid card payment component of iKhokha Transactions (including rejecting, authorising, clearing and settling payments). YOU ACKNOWLEDGE THAT IKHOKHA IS NOT CAPABLE OF REJECTING, AUTHORISING, CLEARING OR SETTLING ANY DEBIT/CREDIT/PRE-PAID CARD PAYMENT COMPONENT OF ANY IKHOKHA TRANSACTION AS IKHOKHA IS NOT A BANK.
5.2 THE PROCESSING OF CARD-NOT-PRESENT (CNP) IKHOKHA TRANSACTIONS, IS ALSO SUBJECT TO THE CNP TERMS AND CONDITIONS. BEFORE PERFORMING CNP IKHOKHA TRANSACTIONS, YOU MUST READ AND UNDERSTAND AND AGREE TO THE CNP TERMS AND CONDITIONS WHICH ARE PART OF THIS AGREEMENT (click here to read the CNP terms and conditions).
5.3 THE PROCESSING OF THE DEBIT/CREDIT/PRE-PAID CARD PAYMENT COMPONENT OF IKHOKHA TRANSACTIONS BY A BANK, IS ALSO SUBJECT TO THE BANK'S ASSOCIATED MERCHANT TERMS AND CONDITIONS. BEFORE PERFORMING THE DEBIT/CREDIT/PRE-PAID CARD PAYMENT COMPONENT OF ANY IKHOKHA TRANSACTION, YOU MUST READ AND UNDERSTAND AND AGREE TO THE BANK'S ASSOCIATED TERMS AND CONDITIONS WHICH ARE PART OF THIS AGREEMENT (click here to read the Bank's associated merchant terms and conditions). YOU WILL ALSO NEED TO PROVIDE DOCUMENTARY PROOF OF WHO YOU ARE AS REQUIRED IN TERMS OF FICA (click here to see the documents required by FICA).
5.4 YOU ACKNOWLEDGE THAT THE merchant reporting and analytics COMPONENT OF THE IKHOKHA TRANSACTIONS PERFORMED BY THE IKHOKHA SYSTEM ARE NOT DESIGNED TO BE THE SOLE RECORD OF THE INFORMATION IN THESE TRANSACTIONS NOR TO COMPRISE ACCOUNTING RECORDS, NOR IS THE IKHOKHA SYSTEM AN ACCOUNTING SYSTEM. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU SHOULD MAINTAIN A SEPARATE INDEPENDENT RECORD OF ALL INFORMATION ON THE IKHOKHA SYSTEM AND THAT YOU SHOULD SEEK PROFESSIONAL ACCOUNTING ADVICE REGARDING ACCOUNTING RECORDS REQUIRED TO BE MAINTAINED BY YOU.
6 KEEP YOUR ACCOUNT DETAILS SECRET
You must keep Your username and password to the Website and the iKhokha System as secret at all times and not disclose them to any third party. You must notify iKhokha immediately (by delivery, post, fax or e-mail to the address in clause 20) should You identify any unauthorised use of, or any breach of security in relation to, Your Registered User account (including Your username or password). IF YOU DISCLOSE YOUR USERNAME OR PASSWORD OR OTHER REGISTERED USER ACCOUNT DETAILS TO ANY THIRD PARTY, YOU AGREE THAT SUCH THIRD PARTY IS APPOINTED AS YOUR AGENT TO ACT ON YOUR BEHALF USING YOUR REGISTERED USER ACCOUNT AND YOU AGREE TO BE BOUND BY AND LIABLE FOR ALL ACTIONS (INCLUDING PURCHASES AND IKHOKHA TRANSACTIONS) OF THAT THIRD PARTY.
7.1 DOWNLOADING AND USE OF THE IKHOKHA SOFTWARE IS ALSO SUBJECT TO THE LICENCE TERMS AND CONDITIONS CONTAINED IN THIS CLAUSE 7 WHICH GOVERN YOUR LICENCE TO USE THE IKHOKHA SOFTWARE. BY DOWNLOADING AND USING THE IKHOKHA SOFTWARE YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING CLAUSE 7.
7.2 Your Purchase of an iKhokha System (which, for clarity, includes acquiring a separate download of the iKhokha Software) includes the grant to You of a personal, non-exclusive and non-transferable licence to use the iKhokha Software for Your own private internal business data processing purposes. Where You have Purchased an iKhokha Card Machine, Your licence to use the iKhokha Software is for the lifetime of that iKhokha Card Machine. To use Your licence of the iKhokha Software You must also be and remain a Registered User.
7.3 YOU ACKNOWLEDGE THAT YOUR LICENCE TO USE THE IKHOKHA SOFTWARE WILL TERMINATE IN THE EVENT THAT: (A) YOU ARE NO LONGER A REGISTERED USER, FOR WHATEVER REASON; OR (B) YOUR ASSOCIATED IKHOKHA CARD MACHINE REACHES THE END OF ITS LIFE, FOR WHATEVER REASON.
7.4 You may not (a) reverse engineer, de-compile or disassemble any iKhokha Software (in whole or part), (b) translate, adapt, vary, modify or create any derivative work from any iKhokha Software, (c) have software developed for Yourself based on any iKhokha Software, or (d) use any iKhokha Software to perform iKhokha Transactions for or on behalf of any third party unless that third party enters into a separate agreement with iKhokha and pays the associated licence and transaction fees to authorise such use.
7.5 You agree to acquire and install any update, upgrade or new release of the iKhokha Software within a reasonable period after iKhokha notifies You of its availability (including by way of a pop-up message on the iKhokha System). YOU ACKNOWLEDGE THAT IKHOKHA IS NOT OBLIGED TO, AND MIGHT NOT, MAKE AVAILABLE ANY UPDATES, UPGRADES OR NEW VERSIONS TO THE IKHOKHA SOFTWARE.
7.6 YOU ACKNOWLEDGE THAT THE IKHOKHA SOFTWARE IS NOT DESIGNED TO OPERATE ON (A) ANY SYSTEM OTHER THAN THE IKHOKHA SYSTEM, OR (B) ANY MOBILE PHONE/DEVICE OPERATING SYSTEM OTHER THAN AS SPECIFIED BY IKHOKHA FROM TIME TO TIME (click here to access the user documentation).
8 VALUE ADDED SERVICES
8.1 iKhokha may from time to time and at its sole discretion make value-added services available to be on-sold by You by means of an iKhokha Transaction through an iKhokha System which You have Purchased. In return for on-selling a value-added service, You will receive a rebate value which may be a flat fee or based on the value of the value-added service which You have on-sold, as determined by iKhokha from time to time at its sole discretion. As an example only, if iKhokha were to make airtime available as a value-added service, then You may be able to on-sell that airtime by performing an associated iKhokha Transaction on Your iKhokha System.
8.2 iKhokha will from time to time and at its sole discretion –
8.2.1 determine what, if any, value-added services will be made available and to which Registered Users (who have Purchased an iKhokha System) they may be made available;
8.2.2 determine the denominations in which value-added services may be made available;
8.2.3 be entitled to commence and/or terminate any value-added service at any time without notice.
8.3 THE AVAILABILITY TO YOU OF A VALUE-ADDED SERVICE FOR ON-SELLING, AND, THE ON-SELLING BY YOU OF THAT PARTICULAR VALUE-ADDED SERVICE, AND, THE REBATE VALUE YOU WILL RECEIVE IN RETURN FOR ON-SELLING THAT PARTICULAR VALUE-ADDED SERVICE, IS SUBJECT TO THIS AGREEMENT (INCLUDING THE INDIVIDUAL TERMS AND CONDITIONS ASSOCIATED WITH THAT PARTICULAR VALUE-ADDED SERVICE). TERMS AND CONDITIONS RELATING TO VALUE-ADDED SERVICES ARE NOT ALL THE SAME. BEFORE ON-SELLING ANY VALUE-ADDED SERVICE YOU MUST READ AND UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS ASSOCIATED WITH THAT VALUE ADDED SERVICE AND WHICH ARE PART OF THIS AGREEMENT (click here to read the various value-added services terms and conditions). If –
8.3.1 You are prepared to agree to the relevant value-added service terms and conditions, then press the 'accept' or 'agree' or 'yes' button and by pressing it You agree to the terms and conditions in this Agreement (including those applicable to that particular value-added service) and to be bound by them;
8.3.2 You do not want to agree to them, then press the 'reject' or 'do not agree' or 'no' button and by pressing it Your access to the value-added service process will be terminated.
8.4 iKhokha reserves the right to amend the terms and conditions associated with any value-added service at any time by publishing an updated set of terms and conditions applicable to that value-added service on-line on the Website. YOU MUST CHECK REGULARLY FOR ANY NEW AMENDMENTS. If You do not want to be bound by any amended terms and conditions applicable to a value-added service, then stop on-selling that value-added service. If You continue to on-sell that value-added service then You will be deemed to have agreed to the amended terms and conditions of the Agreement in relation to that value-added service.
8.5 iKhokha will retain a copy of the version of the value-added service terms and conditions by which You are bound from time to time. You may request a copy of these from iKhokha at any time.
8.6 Each value-added service which You on-sell will be delivered to You within 30 days after the date of successful payment by way of the associated iKhokha Transaction. If iKhokha is unable to execute the provision of that value-added service within 30 days after the date of successful payment by way of the associated iKhokha Transaction, You may then cancel that associated iKhokha Transaction on 7 days' written notice to iKhokha (by delivery, post, fax or e-mail to the address in clause 20). The risk of loss or damage to the value-added service will pass to You on delivery.
8.7 iKhokha will make tokens available for purchase by You which can be redeemed with iKhokha solely for the purposes of acquiring inventory of value-added services from iKhokha. Tokens cannot be redeemed in any other manner and cannot be exchanged for any other value or for cash. Tokens do not expire. iKhokha will provide a link on the iKhokha System which will reflect Your token balance and which will facilitate the transfer of tokens amongst iKhokha registered merchants PROVIDED THAT ANY TRANSFER OF TOKENS FROM YOU OR TO YOU IS AT YOUR OWN RISK AND YOU ABSOLVE IKHOKHA OF ALL RESPONSIBILITY AND LIABILITY IN RESPECT OF AND ARISING OUT OF OR IN CONNECTION WITH THE TRANSFER OF ANY TOKENS TO YOU OR BY YOU. Any rebate value to which You become entitled in return for on-selling any value-added services will be credited to You by iKhokha in the form of tokens.
9 PURCHASES, PRICES, PAYMENT AND RETURNS
9.1 The full price of the goods or services offered by iKhokha in respect of any Purchase You consider making, including taxes and any other fees or costs, will be presented to You during the Purchase process prior to checkout of that Purchase. You will be given the opportunity to 'go back' at each stage of the Purchase process and to correct/change Your Purchase up until the point that You 'confirm and pay' for that Purchase.
9.2 Payment is made by credit, debit or cheque card and You will need a valid unexpired 'Visa' or 'MasterCard' card with sufficient funds available in order to make Your Purchase. Should the payment process –
9.2.1 be approved, this is acceptance of that Purchase by iKhokha;
9.2.2 fail or be declined, for whatever reason, iKhokha will not accept Your Purchase and that Purchase will fail.
9.3 Subject to clause 11, You are entitled to cancel each Purchase You make within 30 days from the date that You receive Your Purchase from iKhokha, without penalty, by returning that Purchase to iKhokha within 10 Business Days from the date You cancel that Purchase. Where iKhokha has Received Payment from You for the cancelled Purchase, iKhokha will refund that Received Payment, within 30 days of the date on which You cancel that Purchase and return that Purchase to iKhokha. If –
9.3.1 there is any direct cost to iKhokha of taking return of that Purchase, then iKhokha will levy that charge onto You and You will be liable for payment thereof; and9.3.2 the Purchase and all goods which are part of that Purchase are returned to iKhokha in their original condition and repackaged in their original packaging, iKhokha will charge You a reasonable amount for –
184.108.40.206 use of the goods which are part of that Purchase while they were in Your possession; and
220.127.116.11 necessary restoration costs to render the goods which are part of that Purchase fit for re-stocking. No restoration costs will be charged to You if the goods which are part of that Purchase are returned in their original condition and in their original unopened packaging.
9.4 Your Purchase will be delivered to You within 30 days after the date of its acceptance by iKhokha of Your Purchase and after iKhokha has Received Payment for that Purchase. If iKhokha is unable to execute that Purchase within 30 days after the date of its acceptance by iKhokha and after iKhokha has Received Payment for that Purchase, You may then cancel Your Purchase on 7 days' written notice to iKhokha (by delivery, post, fax or e-mail to the address in clause 20). The risk of loss or damage to the goods which are part of that Purchase will pass to You on delivery.
9.5 Prior to being able to take physical delivery of Your iKhokha System You will need to hand over to the courier documentary proof of who You are as required in terms of FICA (You will already have submitted copies of these documents in digital format through the Website in order to make that Purchase on the Website) (click here to see the documents required by FICA). You will not be able to take physical delivery of Your iKhokha System if You fail to provide these documents to the courier, and, if You fail to provide these documents to the courier the costs of any additional delivery will be for Your account and will need to be paid to the courier at the time of that delivery.
9.6 While Your Registered User account remains valid, a complete record of all transactions performed by You during the previous 5 years will be available in that account. If Your Registered User account is terminated, for whatever reason, You may request a copy of this record from iKhokha (by delivery, post, fax or e-mail to the address in clause 20) at any time during the period of 18 months from termination of Your Registered User account.
9.7 Peach Payments Proprietary Limited ("Processor") is the provider of secure online services used by iKhokha to process all credit and debit card transactions. iKhokha will not have access to Your card details. Processor complies with Payment Card Industry (PCI) Data Security Standards which sets out the industry standards for maintaining a secure environment. Processor stores and processes Your information on computers that are protected by physical and technological security devices. All card details are secured by secure socket layer (SSL) encryption and reinforced through various encryption processes in order to provide protection for all sensitive payment information. Processor does not store or access any unencrypted card details. Card details entered by You are SSL encrypted and stored in Processor's secure PCI environment. Processor's company registration documents and site registered domain name are checked and verified by Verisign. Processor takes all reasonable steps to ensure the integrity and security of its website and back-office applications.
10.1 iKhokha warrants that following delivery of Your Purchase to You, each item of goods in that Purchase will (a) be reasonably suitable for the purposes for which it is generally intended, (b) be of good quality, in good working order and free of any defects, and (c) be useable and durable, having regard to the use to which it would normally be put and to all the surrounding circumstances of its supply, and (d) comply with any standards set under the Standards Act, 1993, or any other public regulation applying to that item of goods, for a period of 6 months.
10.2 Subject to clause 11, should any defect arise in any item of goods in Your Purchase which You believe would be covered by the warranty, You must promptly return that item of goods to iKhokha (by delivery, post, fax or e-mail to the address in clause 20 the reasonable costs of which will be reimbursed to You by iKhokha, subject to clause 11) enclosing a written notification describing the defect and iKhokha will, at its option (exercised reasonably), (a) determine whether or not the warranty covers the item of goods concerned, and, if so, (b) remedy or replace the defective item of goods. If iKhokha has previously remedied the affected item of goods in terms of this warranty during the immediately preceding 3 month period, then iKhokha will replace the defective item of goods. Any remedial work undertaken by iKhokha will be warranted for a period of 90 days following delivery of same to You.
10.3 THE WARRANTIES IN CLAUSES 10.1 AND 10.2 WILL NOT APPLY IN RESPECT OF DEFECTS OR FAULTS ARISING IN AN ITEM OF GOODS DUE TO OR RESULTING FROM –
10.3.1 ANY ALTERATION, ADJUSTMENT, MODIFICATION OR REPAIR (OR ATTEMPT TO DO SO) MADE TO THE ITEM OF GOODS BY ANYONE OTHER THAN IKHOKHA;
10.3.2 FAILURE TO INSTALL, OPERATE, USE OR STORE THE ITEM OF GOODS IN ACCORDANCE WITH ITS OPERATING INSTRUCTIONS;
10.3.3 FAILURE TO ACQUIRE AND INSTALL ANY UPDATE, UPGRADE OR NEW RELEASE OF THE IKHOKHA SOFTWARE WITHIN A REASONABLE PERIOD AFTER IKHOKHA NOTIFIES YOU OF ITS AVAILABILITY (INCLUDING BY WAY OF A POP-UP MESSAGE ON THE IKHOKHA SYSTEM) IF THE INSTALLATION OF THAT UPDATE, UPGRADE OR NEW RELEASE WOULD HAVE AVOIDED THE DEFECT OR FAULT;
10.3.4 EXTERNAL FACTORS AFFECTING THE ITEM OF GOODS, INCLUDING FORCE MAJEURE OR FAILURE OR FLUCTUATION OF ELECTRICAL POWER;
10.3.5 NEGLIGENCE, THEFT, VANDALISM, ACCIDENTS OR ABNORMAL OPERATING CONDITIONS;
10.3.6 FAIR WEAR AND TEAR, BUT SUBJECT TO CLAUSE 10.1(c).
10.4 iKhokha warrants that iKhokha's services –
10.4.1 will be performed and completed in a timely manner and iKhokha will give You timely notice of any unavoidable delay in the performance of the services;
10.4.2 will be performed in a manner and quality that persons are generally entitled to expect, and should iKhokha fail to meet these standards, You must promptly notify iKhokha in writing (by delivery, post, fax or e-mail to the address in clause 20) describing the failure and iKhokha will, at its option (exercised reasonably), remedy any failure in the quality of the services performed or refund You a reasonable portion of the price You paid for those services, having regard to the extent of the failure.
11 IKHOKHA SYSTEM ACTIVATION, DEACTIVATION AND LINKED BANK ACCOUNT
11.1 Following Your Purchase of an iKhokha System, You will need to activate Your iKhokha System. Before You can activate Your iKhokha System You will need (a) the iKhokha smartphone software application downloaded onto Your smartphone from the online store, and (b) Internet connectivity to connect to the Website. Your iKhokha System will have been cryptographically linked to Your merchant number and associated login credentials prior to leaving iKhokha's distribution centre. Once You have Your merchant number and associated login credentials and have downloaded the iKhokha smartphone software application, You will need to login to the iKhokha smartphone software application, enter Your login credentials and pair Your iKhokha Card Machine to Your smartphone using Bluetooth. Your iKhokha System will run a security check to verify Your individual merchant number with Your iKhokha System.
11.2 DUE TO THE NATURE OF THE IKHOKHA SYSTEM AND ITS BUILT-IN SECURITY FEATURES, YOUR IKHOKHA SYSTEM IS CRYPTOGRAPHICALLY LINKED TO YOUR INDIVIDUAL MERCHANT NUMBER IN THE MANUFACTURING AND DISTRIBUTION PROCESS AND THIS CAN NEVER BE CHANGED TO LINK TO ANY OTHER PERSON'S MERCHANT NUMBER. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOUR IKHOKHA SYSTEM CANNOT BE RESOLD OR TRANSFERRED TO ANY OTHER PERSON, AND ACCORDINGLY, YOU AGREE NEVER TO RESELL OR TRANSFER YOUR IKHOKHA SYSTEM TO ANY OTHER PERSON.
11.3 SHOULD YOUR IKHOKHA CARD MACHINE BE LOST, STOLEN, DESTROYED OR IRREPARABLY CEASE TO WORK, YOU MUST IMMEDIATELY REPORT THIS TO IKHOKHA AT THE CONTACT DETAILS CONTAINED IN CLAUSE 12.1 AND WHEN MAKING THE REPORT YOU MUST INCLUDE YOUR INDIVIDUAL MERCHANT NUMBER, YOUR FULL NAME AND YOUR IDENTITY NUMBER. THIS IS AN EXTREMELY IMPORTANT SECURITY REQUIREMENT. IF YOU FAIL TO MAKE A FULL REPORT (PROPERLY OR AT ALL) YOU WILL BE BOUND BY AND LIABLE FOR ALL ACTIONS (INCLUDING PURCHASES AND IKHOKHA TRANSACTIONS) OF ANY THIRD PARTY USING YOUR IKHOKHA CARD MACHINE. ONCE IKHOKHA ACKNOWLEDGES THAT IT HAS RECEIVED A FULL REPORT FROM YOU, YOUR IKHOKHA CARD MACHINE WILL BE REMOTELY DEACTIVATED. ONCE YOUR IKHOKHA CARD MACHINE HAS BEEN DEACTIVATED, THAT IKHOKHA SYSTEM CAN NO LONGER BE USED AND YOU WILL NEED TO PURCHASE ANOTHER IKHOKHA SYSTEM TO PERFORM ANY FURTHER IKHOKHA TRANSACTIONS.
11.4 YOU ACKNOWLEDGE THAT FOR SECURITY REASONS YOU CANNOT YOURSELF CHANGE YOUR BANK ACCOUNT DETAILS THAT ARE LINKED TO YOUR IKHOKHA SYSTEM. SHOULD YOU WISH TO CHANGE YOUR BANK ACCOUNT DETAILS YOU MUST IMMEDIATELY REPORT THIS TO IKHOKHA AT THE CONTACT DETAILS CONTAINED IN CLAUSE 12.1 AND WHEN MAKING THE REPORT YOU MUST INCLUDE YOUR INDIVIDUAL MERCHANT NUMBER, YOUR FULL NAME AND YOUR IDENTITY NUMBER. YOU AGREE THAT FROM THE TIME IKHOKHA ACKNOWLEDGES THAT IT HAS RECEIVED A REPORT OF A CHANGE IN BANKING DETAILS FROM YOU, IT WILL TAKE APPROXIMATELY 3 BUSINESS DAYS FOR THAT CHANGE TO BECOME EFFECTIVE.
12 TECHNICAL SUPPORT
12.1 If You Purchase an iKhokha System and require technical support in respect of Your iKhokha System, iKhokha's technical support staff will be available between 8:30 AM to 5:00 PM during Business Days and will provide telephonic and e-mail technical support to endeavour to assist You. For telephonic technical support, please call 087 222 7000. For e-mail technical support, please e-mail Your query to email@example.com.
12.2 When requesting technical support, You agree to –
12.2.1 provide, where available, details of any problem being experienced and any error messages generated by the iKhokha System and the activities taking place on the iKhokha System at the time the problem was experienced or when any error message was generated;
12.2.2 co-operate with iKhokha's technical support staff and provide information reasonably requested and follow instructions reasonably given, including those given to try resolve and/or reproduce the problem.
12.3 YOU ACKNOWLEDGE THAT IKHOKHA'S TECHNICAL SUPPORT STAFF DO NOT HAVE FACILITIES THAT PERMIT THEM TO MAKE TELEPHONE CALLS. YOU ALSO ACKNOWLEDGE THAT TECHNICAL SUPPORT DOES NOT INCLUDE INSTRUCTION ON THE USE OF THE IKHOKHA SYSTEM. For instructions on the use of the iKhokha System please refer to the user documentation (click here to access the user documentation).
For as long as You continue to actively process iKhokha Transactions on Your iKhokha Card Machine, iKhokha will provide a non-cash reward (a discount and/or credit) which can be redeemed with iKhokha in respect of each successful online referral You make to iKhokha for the purchase and activation (as per iKhokha's then current version of the terms contained in this Agreement) of a new iKhokha Card Machine by a third party who is not an existing customer of iKhokha. Online referrals can be made by You, using the unique link provided by iKhokha for this purpose on Your iKhokha System. THE VALUE OF THE NON-CASH REWARD WILL BE AS DETERMINED BY IKHOKHA IN ITS SOLE DISCRETION, FROM TIME TO TIME, BUT WILL NOT BE LESS THAN A VALUE OF R100.00 PER SUCCESSFUL ONLINE REFERRAL. THE NON-CASH REWARD MAY BE AWARDED IN WHOLE OR IN PART TO YOU AND/OR THE THIRD PARTY REFERRED BY YOU, AS DETERMINED BY IKHOKHA IN ITS SOLE DISCRETION. iKhokha may provide details of the non-cash rewards currently available, on the Website from time to time.
14.1 For the purposes of this clause 14, unless a contrary intention clearly appears, the following terms (including their capitalised equivalents when used in clauses that contain capital letters) will bear the meanings assigned to them and similar expressions will have corresponding meanings –
14.1.1 "Filing System" means any structured set of Personal Data, whether centralised, decentralised or dispersed on a functional or geographical basis, which is accessible according to specific criteria;
14.1.2 "Personal Data" means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, comprising –
18.104.22.168 personal information including (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and
22.214.171.124 special personal information including (a) religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information (personal identification based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition) of a data subject, or (b) criminal behaviour of a data subject to the extent that it relates to (i) the alleged commission by a data subject of any offence, or (ii) any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings;
14.1.3 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Data, including: (a) collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information;
14.1.4 "Record" means any recorded information: (a) regardless of form or medium, including any of the following: (i) writing on any material; (ii) information produced, recorded or stored by means of any tape-recorder, computer equipment (hardware or software or both) or other device, and any material subsequently derived from information so produced, recorded or stored; (iii) label, marking or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means; (iv) book, map, plan, graph or drawing; (v) photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some equipment, of being reproduced; (b) in the possession or under the control of the Responsible Party; (c) whether or not it was created by the Responsible Party; and (d) regardless of when it came into existence;
14.1.5 "Responsible Party" means iKhokha and each public or private body or any other person appointed by iKhokha or with whom iKhokha interacts, which, alone or in conjunction with others, determines the purpose of and means for Processing Personal Data, including (a) the Bank, (b) Innervation Pan African Payments Proprietary Limited; (c) Masstores Proprietary Limited; (d) Massbuild Proprietary Limited, and (e) Masscash Proprietary Limited, (f) Retail Capital Proprietary Limited, and (g) Poster POS Incorporated.
14.1.6 "Specified Purposes" means for the purposes of iKhokha's business and operational requirements and obligations as an electronic receipting service provider, including to (a) enable iKhokha to provide its services and comply with its legal and contractual obligations, (b) enable iKhokha to provide You with relevant content, (c) enable iKhokha to contact You, (d) enable iKhokha to use permissions on computer equipment and iKhokha Systems You use in order to access Personal Data, (e) protect iKhokha's rights and interests and detect malicious or fraudulent activity, (f) report and disclose to government authorities, regulatory authorities, professional bodies and other bodies with whom iKhokha is associated or is governed by, and, (g) perform and undertake all ancillary matters associated with iKhokha's business and operational requirements described above.
14.2 YOU HEREBY CONSENT TO THE PROCESSING BY THE RESPONSIBLE PARTY OF YOUR PERSONAL DATA ENTERED IN A RECORD BY OR FOR THE RESPONSIBLE PARTY BY MAKING USE OF AUTOMATED MEANS (EQUIPMENT CAPABLE OF OPERATING AUTOMATICALLY IN RESPONSE TO INSTRUCTIONS GIVEN FOR THE PURPOSE OF PROCESSING INFORMATION) OR NON-AUTOMATED MEANS (PROVIDED THAT WHEN YOUR RECORDED PERSONAL DATA IS PROCESSED BY NON-AUTOMATED MEANS, IT FORMS, OR IS INTENDED TO FORM, PART OF A FILING SYSTEM) FOR THE SPECIFIED PURPOSES.
14.4 The Responsible Party will collect identifiable Personal Data and non-identifiable information about You. Identifiable Personal Data is collected when You apply to become a Registered User, while You are a Registered User, when making a Purchase, when performing any transaction on the iKhokha System, when performing any other transaction with iKhokha or when You communicate with iKhokha. Non-identifiable information is gathered automatically when You visit or use the Website and also when You use the iKhokha System. iKhokha may also combine Personal Data collected from You with Personal Data obtained about You from our Responsible Parties.
14.5 The Responsible Party collects Your Personal Data to ensure network integrity and to enable the Responsible Party to provide You with relevant content and a service that suits Your needs. In some cases, the Responsible Party is required by law to collect Personal Data about clients and people the Responsible Party deals with.
14.6 The Responsible Party respects Your privacy and except where the law requires otherwise, the Responsible Party will protect the confidentiality of Your Personal Data supplied in the course of contracting with iKhokha. iKhokha will not sell Your Personal Data to third parties for commercial or marketing purposes.
14.7 iKhokha collects and shares aggregated user data with Responsible Parties for the purposes of developing content and ensuring relevant advertising and content. This user data will not be used to identify individual users.
14.8 The Responsible Party logs Your visits to and use of the Website and collect IP addresses and information about computer equipment and the iKhokha System You use for the purposes of (a) network/system administration, (b) to report aggregate information to Responsible Parties who are advertisers, and (c) to audit the use of the Website and the iKhokha System. This data will not be used to identify individual users.
14.9 Personal Data which iKhokha collects from You through our communications will be used to address the matters referred to in those communications. If this requires referring such communications to a Responsible Party to ensure customer service, Your Personal Data will only be disclosed to the point necessary to address Your query or concerns.
14.10 ANY PERSONAL DATA YOU DISCLOSE IN A PUBLIC SPACE ON THE WEBSITE (INCLUDING ON A BULLETIN BOARD OR CHAT ROOM) OR THROUGH THE IKHOKHA SYSTEM IS AVAILABLE TO ANYONE ELSE WHO VISITS THAT SPACE. IKHOKHA CANNOT SAFEGUARD THAT PERSONAL DATA.
14.11 The Website contains links to sites that belong to third parties unrelated to iKhokha. These links are provided for convenience only and iKhokha does not endorse these sites or the third parties. iKhokha has no control over and takes no responsibility for Your use of or for any Personal Data You submit to or over these third party sites. YOU ACCESS AND USE THIRD PARTY SITES AT YOUR OWN RISK. iKhokha will not be responsible for any use of Your Personal Data which You disclose on third party sites.
14.12 iKhokha reserves the right to –
14.12.1 disclose Your Personal Data where required in good faith, to do so by law or to exercise iKhokha's legal rights or defend iKhokha against legal claims;
14.12.2 share Your Personal Data with law enforcement to investigate or prevent illegal activities being committed over iKhokha's network and systems;
14.12.3 disclose Your Personal Data where You have given iKhokha explicit consent to do so;
14.12.4 monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with the Website or to cause damage to iKhokha's property.
14.13 The Personal Data which will be collected by the Responsible Party from You and computer equipment and the iKhokha System which You use, for the Specified Purposes, includes –
14.13.1 first name and surname/company name;
14.13.2 identity/passport/company registration number;
14.13.3 email address;
14.13.4 physical address;
14.13.5 mobile phone/device number;
14.13.6 classification/type of business;
14.13.7 banking details including (a) name of bank, (b) name of account holder, (c) account name, (d) account number, and (e) account type;
14.13.8 approximate location permission (non-continuous): used to access the approximate geographic location of computer equipment and the iKhokha System in order to provide location-based services. This access is not continuous meaning that the Responsible Party cannot derive Your approximate geographic location on a continuous basis;
14.13.9 camera permission: used to access the camera or to capture images and video from computer equipment and the iKhokha System;
14.13.10 contacts permission: used to access contacts and profiles on computer equipment and the iKhokha System including editing items;
14.13.11 photo library permission: used to access the photo library on computer equipment and the iKhokha System;
14.13.12 precise location permission (non-continuous): used to access the exact geographic location of computer equipment and the iKhokha System in order to provide location-based services. This access is not continuous meaning that the Responsible Party cannot derive Your exact geographic location on a continuous basis;
14.13.13 storage permission: used for accessing shared external storage to computer equipment and the iKhokha System, including reading and adding items.
14.14 YOU ARE RESPONSIBLE FOR THE PERSONAL DATA OF ANY THIRD PARTY YOU OBTAIN, PUBLISH OR SHARE THROUGH THE WEBSITE OR THE IKHOKHA SYSTEM OR TO THE RESPONSIBLE PARTY AND YOU WARRANT THAT YOU HAVE THE THIRD PARTY'S CONSENT TO DO SO.
14.15 IF YOU WISH TO BE A REGISTERED USER AND TO USE THE FULL FUNCTIONALITY OF THE WEBSITE OR THE IKHOKHA SYSTEM THEN IT IS MANDATORY FOR YOU TO SUPPLY THE PERSONAL DATA REQUESTED TO THE RESPONSIBLE PARTY. IF YOU FAIL TO SUPPLY THE PERSONAL DATA REQUESTED THEN YOU WILL NOT BE ABLE TO BE A REGISTERED USER AND YOU WILL NOT BE ABLE TO USE THE WEBSITE OR THE IKHOKHA SYSTEM.
14.16 Computer equipment and the iKhokha System You use may require You to grant permission (generally, in their settings) to permit the Responsible Party to access Your Personal Data. Your computer equipment and iKhokha System may allow You change or revoke these permissions (generally, in their settings). IF YOU FAIL TO GRANT THESE PERMISSIONS OR LIMIT OR REVOKE THEM THEN YOU WILL NOT BE ABLE TO BE A REGISTERED USER AND YOU WILL NOT BE ABLE TO USE THE WEBSITE OR THE IKHOKHA SYSTEM.
14.17 YOU HAVE THE RIGHT (A) TO ACCESS THE PERSONAL DATA YOU HAVE PROVIDED TO THE RESPONSIBLE PARTY, (B) TO CORRECT THE PERSONAL DATA YOU HAVE PROVIDED, AND (C) TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BY THE RESPONSIBLE PARTY BY NOTIFYING IKHOKHA BY DELIVERY, POST, FAX OR E-MAIL TO THE ADDRESS IN CLAUSE 20. YOU ALSO HAVE THE RIGHT LODGE A COMPLAINT WITH THE REGULATOR AT (a) JD House, 27 Stiemens Street, Braamfontein, Johannesburg, Gauteng, or (b) PO Box 31533, Braamfontein, Johannesburg, 2017, Gauteng, or (c) complaints.IR@justice.gov.za.
15 PROHIBITED CONDUCT IN YOUR USE OF THE WEBSITE AND THE IKHOKHA SYSTEM
iKhokha reserves the right to edit or remove material which is sent, forwarded or posted by You and which iKhokha determines is objectionable including any that iKhokha determines is offensive, indecent, obscene, abusive threatening, menacing, incites violence, incites hatred, breaches any obligation of confidentiality or infringes the rights of any third party. In Your use of the Website and the iKhokha System and in communicating with iKhokha, You will not, directly or indirectly, –
15.1 conduct Yourself or incite others to conduct themselves in a manner contrary to any law or which would amount to a criminal offence or which would give rise to civil liability;
15.2 conduct Yourself in a manner which is offensive, indecent, obscene, threatening, menacing, incites violence, incites hatred, breaches any obligation of confidentiality or infringes the rights of any third party;
15.3 pose as, or hold Yourself out to have, an identity which is not You;
15.4 interfere with the rights of others to use the Website or the iKhokha System;
15.5 circumvent or compromise (or attempt to do so) the security on the Website or the iKhokha System or iKhokha's systems;
15.6 send, forward or post material which is offensive, indecent, obscene, abusive threatening, menacing, incites violence, incites hatred, breaches any obligation of confidentiality or infringes the rights of any third party;
15.7 advertise or promote Yourself or any third party or any products and/or services on the Website or the iKhokha System;
15.8 create or send 'chain letters' being communications which are sent, or which encourage any person to send, them (or copies or variations of them) to multiple parties either in a single or over multiple posting sessions;
15.9 introduce malicious computer software, code or routines which –
15.9.1 might disrupt, distort, disable, harm or otherwise impede the operation of any software, firmware, hardware, local area network, wide area network, virtual private network or any of their peripherals;
15.9.2 might disable or impair in any way the operation of any software, firmware, hardware, local area network, wide area network, virtual private network or any of their peripherals based on an elapsed period of time or advancement to a particular date or other numeral;
15.9.3 might permit any person to access (remotely or otherwise) and disable or impair any software, firmware, hardware, local area network, wide area network, virtual private network or any of their peripherals;
15.9.4 comprise harmful or hidden procedures, routines or mechanisms which might cause any software, firmware, hardware, local area network, wide area network, virtual private network or any of their peripherals to cease functioning;
15.9.5 might damage or corrupt data, storage media, software, firmware, hardware or communications or otherwise interfere with technology operations generally.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 All –
16.1.1 patents, copyright, trademarks, logos, style names, slogans, designs, models, inventions, trade and business secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain, use or for their protection) which are used or held, whether or not currently, in connection with iKhokha's business (including the Website and the iKhokha System); and
16.1.2 ideas, designs, documents, diagrams, information, devices, technical data, scientific data, secret and other processes and methods used in connection with iKhokha's business, and, all available information regarding marketing and promotion of iKhokha's products and services, and, all and any modifications or improvements to any of these, (collectively, "Intellectual Property") are and will at all times be and remain the property of iKhokha (or its licensors) and You will not acquire any rights, title or interest of any kind in or to any or all of such Intellectual Property. Except as expressly permitted in this Agreement, You will not make use of iKhokha's (or its licensors') Intellectual Property without the prior written consent of iKhokha, which may withhold its consent in its sole and absolute discretion. All rights in and to iKhokha's (or its licensors') Intellectual Property not expressly granted in this Agreement, are hereby reserved.
16.2 Provided that You have agreed to the Terms and Conditions of this Website, You may view and interact with the Website in its original display format (as intended by iKhokha for access by the public) for Your own personal and non-commercial use. You may not display the whole or any part of this Website, on or in any other website or in any form of communication to any other person.
16.3 You hereby grant iKhokha the perpetual, royalty-free, world-wide right to use and exploit to the extent that iKhokha sees fit, all and any ideas, comments and information provided or communicated by You to iKhokha (in whatever form they are provided or communicated). For clarity, You will receive no compensation or reward in the event that iKhokha uses and/or exploits any ideas, comments and information which You have provided or communicated to iKhokha. IF YOU DO NOT WANT IKHOKHA TO USE OR EXPLOIT ANY OF YOUR IDEAS, COMMENTS OR INFORMATION, THEN DO NOT DISCLOSE THEM TO IKHOKHA.
16.4 iKhokha may make reference to third party trademarks (or other intellectual property) on the Website and/or the iKhokha System. All third party trademarks (or other intellectual property) are the property of the respective owners thereof.
17 TERMINATION, BREACH AND DEFAULT
17.1 Either party will be entitled to cancel this Agreement at any time by giving the other party 20 Business Days' prior written notice to this effect.
17.2 Should either party breach any material provision or term of this Agreement (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fail to remedy such breach within 20 Business Days of receipt of notice requiring it to do so and warning that if the breach is not so remedied, the aggrieved party may exercise its rights in terms of this clause, then the aggrieved party will be entitled without notice, in addition to any other remedy available to it at law or in terms of this Agreement, including obtaining an interdict, to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
17.3 Should a party –
17.3.1 commit an act which is or would be an act of insolvency in terms of section 8 of the Insolvency Act, 1936 (if committed by a natural person);
17.3.2 commence business rescue proceedings, be provisionally or finally liquidated, be removed from the company register, take steps for its voluntary winding up, or, be placed in any similar or replacement regime covered by South African insolvency law, then, the other party will thereafter be entitled to terminate this Agreement on written notice to that effect.
17.4 Cancellation or termination of this Agreement will not affect either party's accrued rights in terms hereof.
18 DISCLAIMERS AND LIMITATION OF LIABILITY
18.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IKHOKHA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY PURCHASE, YOUR REGISTRATION, YOUR USE OF THIS WEBSITE AND/OR YOUR USE OF THE IKHOKHA SYSTEM, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF IKHOKHA OR OF ANY PERSON FOR WHOM IKHOKHA MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE.
18.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IKHOKHA WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY PURCHASE, YOUR REGISTRATION OR YOUR USE OF THIS WEBSITE AND/OR THE IKHOKHA SYSTEM, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF IKHOKHA OR OF ANY PERSON FOR WHOM IKHOKHA MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, EXCEEDING –
18.2.1 IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM ANY PURCHASE, AN AMOUNT EQUIVALENT TO 150% OF THE AMOUNT PAID BY YOU FOR THAT PURCHASE; OR
18.2.2 IN RELATION TO ANY OTHER CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R250.00.
18.3 SAVE AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, THE WEBSITE, THE IKHOKHA SYSTEM AND THE ASSOCIATED SERVICES ARE PROVIDED ON AN AS-IS BASIS AND, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IKHOKHA EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, IN RESPECT OF THE WEBSITE, THE IKHOKHA SYSTEM AND THE ASSOCIATED SERVICES.
18.4 Nothing in this clause 18 will be interpreted or construed to exclude or limit iKhokha's liability for death, illness or personal injury or any loss of or physical damage to property, caused to You by any act or omission of iKhokha, save to the extent permitted by the CPA.
19 CONTRACTS FOR THE BENEFIT OF THIRD PARTIES
19.1 CLAUSES 4.1, 4.5, 4.6, 4.13, 5.3, 6, 8.3, 8.4, 10.1, 10.2, 14, 16.1 AND 16.4 ARE ALSO CONTRACTED BY IKHOKHA AND AGREED TO BY YOU, FOR AND IN FAVOUR OF THE BANK AND IKHOKHA'S SUPPLIERS AND EACH RESPONSIBLE PARTY AND IN THIS REGARD THESE CLAUSES CONSTITUTE A CONTRACT FOR THE BENEFIT OF A THIRD PARTY.
19.2 CLAUSES 18.1 AND 18.2 ARE ALSO CONTRACTED BY IKHOKHA AND AGREED TO BY YOU, FOR AND IN FAVOUR OF ANY PERSON FOR WHOM IKHOKHA MAY BE LIABLE IN LAW (INCLUDING EACH RESPONSIBLE PARTY) AND IN THIS REGARD THESE CLAUSES CONSTITUTE A CONTRACT FOR THE BENEFIT OF A THIRD PARTY.
20 ADDRESSES FOR NOTICE AND SERVICE
20.1 The parties choose as their addresses at which legal notices may be served and legal process may be executed, for all purposes in terms of this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following –
Physical: 3rd Floor, Ridgeview Building, 1 Nokwe Avenue, Umhlanga Ridge, 4319
Postal: 3rd Floor, Ridgeview Building, 1 Nokwe Avenue, Umhlanga Ridge, 4319
20.1.2 You, if You are a Registered User:the addresses selected by You for this purpose during the process of applying to become a Registered User, as amended by You in accordance with this Agreement.
20.2 Any notice or communication required or permitted to be given in terms of this Agreement will be valid and effective only if in writing.
20.3 Either party may by notice to the other party change the physical address chosen as its address at which legal notices may be served and legal process may be executed, to another physical address where postal delivery occurs in the Republic of South Africa, or its postal address or its fax number or its e-mail address, provided that the change will become effective on the 5th Business Day from the deemed receipt of the notice by the other party. UNTIL THE CHANGE BECOMES EFFECTIVE ALL COURT PROCESS, NOTICES AND OTHER DOCUMENTS AND COMMUNICATIONS OF WHATSOEVER NATURE THAT HAVE BEEN SERVED AND EXECUTED AT THE THEN CURRENT ADDRESS WILL BE VALID AND EFFECTIVE AGAINST THAT PARTY EVEN IF THEY DO NOT COME TO THE ATTENTION OR KNOWLEDGE OF THAT PARTY.
20.4 A notice to a party sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at an address chosen as its address at which legal notices may be served and legal process may be executed, to which post is delivered, will be deemed to have been received on the 5th Business Day after posting (unless the contrary is proved).
20.5 A notice to a party delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its address at which legal notices may be served and legal process may be executed, will be deemed to have been received on the day of delivery.20.6 A notice to a party sent by fax to its chosen fax number, will be deemed to have been received on the first Business Day following the date of dispatch (unless the contrary is proved).
20.7 A notice to a party sent by e-mail to its chosen e-mail address, will be deemed to have been received on the first Business Day following the date of dispatch (unless the contrary is proved).
20.8 Notwithstanding the aforegoing, a written notice or communication actually received by a party will be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address at which legal notices may be served and legal process may be executed.
20.9 Each party appoints any responsible person at its chosen address at which legal notices may be served and legal process may be executed, to receive for and on its behalf, service of process in such jurisdiction in any legal action or proceedings regarding this Agreement. Nothing herein will affect the right to serve process in any other manner permitted by law.
21 FORCE MAJEURE
If Force Majeure causes delays in or failure or partial failure of performance by a party of all or any of its obligations, this Agreement, or as the case may be the affected portion thereof, will be suspended for the period during which the Force Majeure prevails, but if they affect any material part of the Agreement it will be suspended only for a maximum period of 21 days after which any affected party will be entitled on 3 days' written notice to cancel this Agreement. Written notice of a Force Majeure event specifying its nature and commencement date will be dispatched by the party seeking to rely on it (on whom the onus will rest) as soon as reasonably possible after its commencement. Written notice of the cessation of the Force Majeure event will be given by the party who relied on it, within 3 days after such cessation.
22 CESSION AND ASSIGNMENT
Neither party will be entitled to cede, delegate, assign or in any other manner dispose of any of its rights or obligations arising out of this Agreement without the prior written approval of the other party which may withhold its approval in its sole and absolute discretion, provided that to the extent that any such cession, delegation, assignment or disposal relates to an amalgamation or genuine restructuring of the first-mentioned party or any group of companies of which it is part, then the other party's approval will not be unreasonably withheld. This clause will be binding on the liquidator, business rescue practitioner or trustee (whether provisional or final) of each party.
23 RELATIONSHIP OF PARTIES
Nothing in this Agreement will be deemed to constitute either party the partner or agent or legal representative of the other. It is not the parties' intention to create nor will this Agreement be construed to create any commercial or other partnership. Neither party will have any authority to act for or assume any obligation or responsibility on behalf of the other party nor hold itself out as partner or agent of the other party.
This Agreement has been concluded in the English language. In the case of any conflict between the English version of this Agreement and any translation version, the English version will prevail. Notices required in terms of this Agreement will be given in the English language.
25 GOVERNING LAW
25.1 This Agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
25.2 If this Agreement is concluded outside of the Republic of South Africa, or, where a party is domiciled in another country, the parties agree that this Agreement will be governed by the substantive laws of the Republic of South Africa (if its prescription laws are not considered to be substantive laws, by the prescription laws as well but excluding its conflict of law principles), provided that if the major part of the Agreement is to be performed outside the Republic of South Africa, none of its laws which promote competition in the Republic of South Africa will govern. All disputes, actions and other matters relating to this Agreement will be determined in accordance with such law.
25.3 The United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement and transactions implemented pursuant to it.
Any provision in this Agreement which is or may become illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be treated as if it were not written herein, and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement.
27 WHOLE AGREEMENT, NO AMENDMENT
27.1 THIS AGREEMENT CONSTITUTES THE WHOLE AGREEMENT BETWEEN THE PARTIES RELATING TO ITS SUBJECT MATTER AND REPLACES, SUPERSEDES AND CANCELS IN ITS ENTIRETY, ANY PRIOR AGREEMENTS WHATSOEVER (WHETHER WRITTEN OR ORAL) IN FORCE BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
27.2 No amendment or consensual cancellation of this Agreement or any of its provisions or terms or of any agreement or other document or instrument issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising out of this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any agreement or other document or instrument issued pursuant to or in terms of this Agreement will be binding unless performed in accordance with the terms of this Agreement or otherwise recorded in a written document signed by the parties (or in the case of an extension of time, waiver or relaxation or suspension, signed by the party granting such extension, waiver or relaxation).
27.3 Any extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any agreement or other document or instrument issued or executed pursuant to or in terms hereof, will be strictly construed as relating strictly to the matter in respect whereof it was made or given, will not operate as an estoppel (to preclude/prevent a person from asserting/denying a fact or a right) against any party in respect of its rights in terms of this Agreement, and, will not operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this Agreement.
27.4 No failure or delay on the part of either party in exercising any right, power or privilege in terms of this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
28 ECTA INFORMATION
In addition to that already contained in this Agreement or on the Website, the following information is provided in terms of ECTA –
28.1 Telephone number: 087 222 7000.
28.2 Membership of self-regulatory or accreditation bodies to which iKhokha belongs/subscribes and their contact details:
28.2.1 EMV, who develop specifications for secure payment transactions and whose details can be found at www.emvco.com and who can be contacted at http://www.emvco.com/contact_us.aspx;
28.2.2 PCI, who develop, maintain and manage PCI security standards and whose details can be found at https://www.pcisecuritystandards.org and who can be contacted at https://www.pcisecuritystandards.org.
28.3 Codes of conduct subscribed to by iKhokha and how they can be accessed electronically: Not applicable.
28.4 Office bearers: Clive Putman, Ramsay Daly, Matthew Putman, Paul Kent, Grant Manicom and Nic Smalle.
28.5 Place of registration: The Republic of South Africa.
28.6 Description of the main characteristics of the goods/services offered by iKhokha to enable a consumer to make an informed decision on the proposed electronic transaction: iKhokha is a mobile point of sale solution that allows registered merchants to process debit and credit card payments through a downloaded application on their smartphone using an EMV L1 and L2 and PCI compliant iKhokha card machine. Merchants can purchase iKhokha card machines from www.iKhokha.com. iKhokha's service includes merchant profile management, transactional analytics, facilitation of secure payments through iKhokha card machines and 1st level, 5 channel support via in-application FAQ's, e-mail, telephone, Facebook and Twitter. Further to this, iKhokha sells, via its website, "peripheral service items" such as but not limited to, rechargeable battery packs, car chargers, protective casings, functional spares such as handset clips and additional USB charge cables.
28.7 Alternative dispute resolution codes subscribed to by iKhokha and how they can be accessed electronically: Not applicable.
29 CPA INFORMATION
In addition to that already contained in this Agreement or on the Website, the following information is provided in terms of the CPA –
29.1 Public officers' contact details: Clive Andrew Putman. Contact number: (office) 031 566 1998.
29.2 The exact service to be rendered by iKhokha: iKhokha provides technology that enables businesses and individuals (sole proprietors), to accept debit, credit and pre-paid cards through their smartphone by purchasing the iKhokha card machine and downloading the iKhokha application through relevant handset operating system application stores. iKhokha also provides, merchant profile management, 1st level, 5 channel support via in-application FAQ's, e-mail, telephone, Facebook and Twitter and transactional analytics.
29.3 Costs which iKhokha is entitled to recover from You, and under what circumstances: iKhokha will be entitled to recover a fee per transaction from You amounting to (a) a transaction fee of a maximum of 3.5% (excluding VAT) of the value of the transaction on every transaction that is processed using the iKhokha system, depending on the transaction-type, card-type and the volume of transactions You process, (b) a settlement fee of R2.17 (excluding VAT) per settlement, (c) a SIM fee of R42.61 (excluding VAT) per month for SIM's acquired through iKhokha, and (d) a usage fee of a maximum of R960.00 (excluding VAT) per month for each POS bundle acquired through iKhokha.
29.4 iKhokha will disclose any information, at any relevant time, which may be relevant to You when You are deciding whether to acquire the service offered by iKhokha, or whether to continue with an existing service.
29.5 The following commissions, consideration fees, charges or brokerages are payable to iKhokha by the following persons: (a) the transaction fee recovered by iKhokha from You is a commission from the Bank, (b) a commission from Retail Capital Proprietary Limited in respect of associated cash advances made to You, and (c) a commission from Massmart in respect of associated value-added services purchased by You. All commissions are as agreed with the associated provider and are in line with that provider's current practices.
29.6 iKhokha has not been –
29.6.1 found guilty of any offence involving dishonesty which was punishable by criminal imprisonment without the option of a fine;
29.6.2 placed under sequestration, liquidation or business rescue proceedings.
Get Gold & WIN: Terms and Conditions
28.1 Get Gold & WIN (hereafter referred to as The Competition) is a competition being held by Emerge Mobile (RF) (Pty)Ltd t/a iKhokha.com Reg no. 2012/067507/07
28.2 Participation in this competition is open to residents of South Africa who are aged 18 years and over.
28.3 Participation in The Competition is not extended to employees of iKhokha, their close relatives and anyone otherwise connected with the organisation or the selection panel.
28.4 By taking part in The Competition, entrant(s) stand the chance to win (A)R2500 cash and (B) 2500 iKash (worth R2500).
28.5 The 2500 iKash component of the prize is strictly not transferrable for cash and no discussion will be entered into in this regard.
28.6 The R2500 cash component of the prize will be transferred into the winner’s verified South African bank account within 3 weeks of The Competition closure date.
28.7 The 2500 iKash component will be transferred into the winner’s iK Wallet on the iKhokha app within 3 weeks of The Competition closure date.
28.8 To enter The Competition, entrant(s) are required to purchase an iKhokha card machine via the iKhokha website or through an iKhokha sales representative.
28.9 To stand the chance of winning, participants need to adhere to the following steps:
28.9.1 Buy any iKhokha card machine (Mover Pro, Shaker Duo or Shaker Solo) within the competition dates.
28.9.2 Find a gold wrapped card machine in their packaging.
28.9.3 Take a photo of the gold wrapped card machine.
28.9.4 Upload the photo onto social media (Facebook, Instagram or Twitter)Tag iKhokha using the relevant tag (Facebook: @iKhokha, Instagram: @iKhokhaSA, Twitter: @iKhokhaSA).
28.10 The golden wrapped card machines will be randomly selected and tracked via individual UID / serial numbers.
28.11 Fake entries will not be tolerated. Any entrant(s) who attempts to wrap their device on their own accord will immediately be disqualified.
28.12 The Competition will run from 01 April 2021 – 30 April 2021.
28.13 The winner will be announced within two weeks of the closure of the competition (30 April 2021)
28.14 The winner will be announced via social media.
28.15 The winner may also be contacted via email and/or telephonically.
28.16 If the winner cannot be contacted or does not claim the prize within 7days of notification, iKhokha reserves the right to withdraw the prize from the winner and pick an alternate winner.
28.17 The winner will be contacted by an iKhokha representative to arrange handover of their prize.
28.18 Winner is required to provide the iKhokha representative with the following before receiving their R2500 and 2500 iKash:
28.18.1 A photo/selfie of the winner for marketing purposes
28.19 By participating in The Competition, participants agree to entering into communication with iKhokha and agree to the use of their competition entries and imagery for iKhokha marketing collateral, such as but not limited to, blog articles and press releases.
28.20 The prize is as stated, and no other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and iKhokha reserves the right to substitute any prize with another of equivalent value without giving notice.
28.21 iKhokha reserves the right to cancel or amend the initiative and theseTerms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of iKhokha’s control.
28.22 Any changes to The Competition will be notified to entrants as soon as possible by iKhokha.
28.23 iKhokha is not responsible for inaccurate prize details supplied to any entrant by any third party connected or not connected with The Competition.
28.24 iKhokha’s decision in respect of all matters to do with The Competition will be final and no correspondence will be entered into thereafter.
28.25 The competition and these Terms and Conditions will be governed by South African law and any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.
28.26 The finalist(s) and winner agree to the use of his/her name(s) and image(s)in any publicity material, as well as their entry. Any personal data relating to the winner(s) or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
28.27 This initiative is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other social network. By participating in The Competition, you are providing your information to iKhokha and not to any other party.
28.28 In accordance with the CANSPAM Act, iKhokha agrees to:
28.28.1 NOT use false, or misleading subjects or email addressesIdentify the message as an advertisement in some reasonable way
28.28.2 Include the physical address of our business or site headquarters
28.28.3 Monitor third party email marketing services for compliance, if one is used
28.28.4 Honour opt-out/unsubscribe requests quickly
28.28.5 Allow users to unsubscribe by using the link at the bottom of each email.
28.29 Participants are entitled to unsubscribe from receiving future emails at any time by following the instructions at the bottom of each email.
28.30 By participating in The Competition, entrant(s) agree to be bound by these Terms and Conditions.
31 MICRO SURVEYS
29.1 iKhokha Micro Surveys (hereafter referred to as The Survey)is an ongoing incentive-based feedback initiative held by Emerge Mobile (RF)(Pty) Ltd t/a iKhokha.com Reg no. 2012/067507/07
29.2 Participation in TheSurvey is open to residents of South Africa who are aged 18 years and over.
29.3 Participation inThe Survey is not extended to employees of iKhokha, their close relatives and anyone otherwise connected with the organisation or the selection panel.
29.4 To stand a chance to win, participant(s) must complete the designated survey in full within 3weeks of the link being supplied to them via email or until such time as the survey closes.
29.5 By taking part inThe Survey, participant(s) stand the chance to win either a R1000 Takealot voucher OR a R500 Takealot voucher, as stipulated in the marketing material for that particular survey.
29.6 The prize is strictly not transferrable for cash and no discussion will be entered into in this regard.
29.7 The prize is as stated, and no other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and iKhokha reserves the right to substitute any prize with another of equivalent value without giving notice.
29.8 Closure dates of each survey will be determined solely by iKhokha and no discussion will be entered into in this regard.
29.9 iKhokha reserves the right to change and/or end the survey at any time without prior notice to the participant(s).
29.10 The winner will be selected at random once the survey has closed.
29.11 The winner will be contacted by an iKhokha representative via email and/or telephonically.
29.12 The relevant voucher will be emailed to the winner’s verified email address within 3 weeks of The Competition closure date.
29.13 If the winner cannot be contacted or does not claim the prize within 7 days of notification, iKhokha reserves the right to withdraw the prize from the winner and pick an alternate winner.
29.14 By participating in The Survey, participant(s) agree to iKhokha using their responses, feedback and insights for marketing collateral, such as but not limited to, blog articles and press releases.
29.15 iKhokha reserves the right to cancel or amend The Survey and these Terms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of iKhokha’s control.
29.16 iKhokha is not responsible for inaccurate prize details supplied to any entrant by any third party connected or not connected with The Survey.
29.17 iKhokha’s decision in respect of all matters to do with The Survey will be final and no correspondence will be entered into thereafter.
29.18 The Survey and these Terms and Conditions will be governed by South African law and any disputes will be subject to the exclusive jurisdiction of the courts of SouthAfrica.
29.19 Any personal data relating to the participant(s) will be used solely in accordance with currentSouth African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
29.20 This initiative is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other social network. By participating in The Survey, you are providing your information to iKhokha and not to any other party.
29.21 In accordance with the CANSPAM Act, iKhokha agrees to:
29.21.1 NOT use false, or misleading subjects or email addresses
29.21.2 Identify the message as an advertisement in some reasonable way
29.21.3 Include the physical address of our business or site headquarters
29.21.4 Monitor third party email marketing services for compliance, if one is used
29.21.5 Honour opt-out/unsubscribe requests quickly
29.21.6 Allow users to unsubscribe by using the link at the bottom of each email.
29.22 Participant(s) are entitled to unsubscribe from receiving future emails at any time by following the instructions at the bottom of each email.
29.23 By participating in The Survey, participants(s) agree to be bound by these Terms and Conditions.