Terms of Service for KasiConvocation®

Last updated: August 01, 2024

Please read these terms and conditions carefully before using Our Service.

The Terms of Service (ToS) is a legal document that outlines the rules, responsibilities, and obligations that govern the use of KasiConvocation®'s platform and services. It serves as a binding agreement between KasiConvocation® and its users, ensuring clarity on both sides regarding the use of the platform.

The Terms of Service protects both the users and the company by clearly defining the rules of engagement for the platform. It helps manage user expectations, provides clarity on legal issues, and fosters trust by promoting transparency. By agreeing to the Terms, users gain access to the services while understanding their rights and responsibilities when using the KasiConvocation® platform.

1. Introduction

1.1. Overview

Welcome to KasiConvocation®! These Terms of Service ("Terms") outline the rules and guidelines governing your use of our platform and services. The platform includes our website, mobile applications, and any other digital services we provide. By accessing, using, or registering on our platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the platform.

1.2. Acceptance

By creating an account, using our services, or browsing our website, you acknowledge that you have read, understood, and agreed to these Terms. This agreement forms a legally binding contract between you and KasiConvocation®. Your continued use of the platform constitutes acceptance of any changes made to these Terms, which we may update from time to time. It is your responsibility to review these Terms periodically for any updates or changes.

1.3. Purpose

The purpose of these Terms is to:

  1. • Define the relationship between KasiConvocation® and its users.

  2. • Set clear guidelines for acceptable use of our platform.

  3. • Protect the rights of both users and KasiConvocation®.

  4. • Ensure that the platform is used in a lawful and responsible manner.

1.4. Applicability

These Terms apply to all users of the KasiConvocation® platform, including individuals, businesses, and other entities. They govern your use of all features, functionalities, and services provided by KasiConvocation®, whether accessed via desktop, mobile devices, or any other means.

1.5. Additional Agreements

Certain features or services provided by KasiConvocation® may be subject to additional terms and conditions. In such cases, those additional terms will be presented to you at the time of use or registration and will be incorporated into these Terms by reference. If there is a conflict between these Terms and any additional terms, the additional terms will take precedence with respect to the specific feature or service.

1.6. Contact Information

If you have any questions, concerns, or require clarification about these Terms, please contact us using the contact details provided in the "Contact Information" section. We are here to assist you and address any issues related to your use of our platform.

2. Definitions

This section provides clear definitions of key terms used throughout these Terms of Service. Understanding these definitions is crucial for interpreting the rights and obligations of all parties involved.

2.1. Platform

  1. 2.1.1. Definition: The term "Platform" refers to the entire digital ecosystem provided by KasiConvocation®, including but not limited to our website, mobile applications, and any related services or tools.

  2. 2.1.2. Components: This includes all features and functionalities accessible via our online interfaces, such as account management, transaction processing, and communication tools.

  3. 2.1.3. Access: Users can access the Platform through various devices, including desktop computers, smartphones, and tablets, as long as they comply with the Terms of Service.

2.2. User

  1. 2.2.1. Definition: A "User" is any individual or entity that registers for, accesses, or interacts with the Platform, whether by creating an account or using its features without an account.

  2. 2.2.2. Types of Users: This may include:

    1. • Registered Users: Individuals or entities that have created an account on the Platform.

    2. Guest Users: Individuals who access or use certain features of the Platform without creating an account.

  3. 2.2.3. Responsibilities: Users are responsible for ensuring their compliance with these Terms and any applicable laws while using the Platform.

2.3. Services

  1. 2.3.1. Definition: "Services" refer to the specific functionalities and offerings provided by KasiConvocation® through the Platform.

  2. 2.3.2. Types of Services: This can include but is not limited to:

    1. Savings Pool Management: Features that allow users to create, manage, and participate in savings pools or stokvels.

    2. Transaction Processing: Tools for conducting financial transactions related to savings and investments.

    3. Educational Resources: Content and tools designed to educate users about financial management and savings strategies.

    4. Community Interaction: Features that enable users to interact with one another, such as forums, messaging, and notifications.

  3. 2.3.3. Service Availability: The availability and scope of Services may vary based on user location, subscription level, or other factors determined by KasiConvocation®.

2.4. Content

  1. 2.4.1. Definition: "Content" encompasses all text, graphics, images, videos, and other materials provided by or on behalf of KasiConvocation®.

  2. 2.4.2. Ownership: All Content is the intellectual property of KasiConvocation® or its licensors.

  3. 2.4.3. Usage Rights: Users may view and use Content only as permitted by these Terms and for personal, non-commercial purposes unless otherwise authorized.

2.5. Account

  1. 2.5.1. Definition: An "Account" is a personalized user profile created on the Platform that allows access to various Services and features.

  2. 2.5.2. Components: Includes user credentials such as usernames, passwords, and any personal information provided during registration.

  3. 2.5.3. Account Management: Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.

2.6. Fees

  1. 2.6.1. Definition: "Fees" refer to any charges associated with using certain Services or features on the Platform.

  2. 2.6.2. Types of Fees: May include subscription fees, transaction fees, and other charges as outlined in the Payment and Fees section.

  3. 2.6.3. Payment Terms: Details on how and when Fees are charged, including any applicable billing cycles or refund policies.

2.7. Third-party

  1. 2.7.1. Definition: A "Third-Party" is any entity or individual that is not a direct part of the agreement between the User and KasiConvocation®.

  2. 2.7.2. Interaction: Third-Parties may include service providers, partners, or advertisers whose services or content may be integrated into the Platform.

  3. 2.7.3. Liability: KasiConvocation® is not responsible for the actions or policies of Third-Parties.

3. Account Registration

3.1. Eligibility

To use the KasiConvocation® platform, users must meet the following criteria:

  1. 3.1.1. Age Requirement: Users must be at least 16 years old. By creating an account, users confirm that they meet this age requirement.

  2. 3.1.2. Legal Capacity: Users must have the legal capacity to enter into binding contracts. This means users must not be legally incapacitated or under guardianship.

3.2. Registration Process

  1. 3.2.1. Account Creation: To create an account, users must provide accurate and complete information, including:

    1. Full Name: The user’s legal name.

    2. Email Address: A valid email address used for account verification and communication.

    3. Phone Number: A contact number for account-related notifications and support.

    4. Password: A secure password that meets the platform's security criteria (e.g., a mix of letters, numbers, and special characters).

  2. 3.2.2. Verification: Users are required to complete a verification process to ensure the authenticity of their identity. The verification steps include:

    1. Identity Verification: Users must submit a photograph of themselves holding a valid government-issued ID (e.g., passport, driver’s license) under their chin. The ID should be clearly visible, showing the user's full name and photograph.

    2. Proof of Address: Users must also provide a photograph of a recent utility bill or bank statement that shows their current address. The document must be dated within the last three months and should include the user's name and address.

    3. Verification Through Home Affairs or FICA: For additional verification, KasiConvocation® may utilize Home Affairs or Financial Intelligence Centre Act (FICA) verification services. Users may be required to complete further identity checks through these services.

3.3. Account Security

  1. 3.3.1. Confidentiality: Users are responsible for maintaining the confidentiality of their account credentials, including their password. It is crucial to use a strong password and change it regularly to enhance account security.

  2. 3.3.2. Unauthorized Access: Users must immediately report any unauthorized access or suspicious activity related to their account to KasiConvocation®. Prompt reporting helps prevent potential damage and ensures timely intervention.

  3. 3.3.3. Account Sharing: Users must not share their account credentials with others. Sharing accounts or credentials may lead to unauthorized use and potential security breaches.

3.4. User Responsibilities

  1. 3.4.1. Accuracy of Information: Users must provide accurate and current information during registration and update their account details as necessary. False or misleading information can result in account suspension or termination.

  2. 3.4.2. Compliance with Terms: By registering an account, users agree to comply with these Terms of Service and any other applicable policies or guidelines provided by KasiConvocation®.

3.5. Account Management

  1. 3.5.1. Profile Updates: Users can update their profile information, such as contact details and preferences, through the account settings on the platform.

  2. 3.5.2. Account Termination: Users may request to terminate their account at any time by following the procedures outlined in the “Termination and Suspension” section of these Terms.

3.6. Responsibility for Actions

  1. 3.6.1. User Actions: Users are responsible for all activities conducted through their account. Any actions taken using a user’s account are deemed to be the user’s responsibility.

  2. 3.6.2. Third-Party Services: If users link their account to third-party services or applications, they are responsible for managing those integrations and understanding the terms of use of those third parties.

1. Use of the Platform

4.1. Permitted Use

  1. 4.1.1. Scope: The KasiConvocation® platform is designed to facilitate collaborative financial savings and investments among users, including but not limited to stokvels, small businesses, and individual contributors. Users are granted a non-exclusive, non-transferable license to access and use the platform solely for its intended purposes as described in these Terms.

  2. 4.1.2. Compliance: Users agree to use the platform in accordance with all applicable laws, regulations, and these Terms. The platform should be used only for lawful activities that align with its intended purpose.

4.2. Prohibited Activities

  1. 4.2.1. Illegal Activities: Users must not use the platform to engage in any illegal activities or conduct that would violate any laws or regulations. This includes, but is not limited to, fraud, theft, or the distribution of illegal content.

  2. 4.2.2. Harmful Actions: Users are prohibited from engaging in activities that could harm the platform, its infrastructure, or other users. This includes, but is not limited to, introducing malicious software, attempting to gain unauthorized access, or disrupting the service.

  3. 4.2.3. Misuse of Platform: Users must not misuse the platform for any purpose other than its intended use. This includes, but is not limited to, using the platform for spamming, phishing, or any form of unauthorized marketing.

  4. 4.2.4. Content Restrictions: Users must not post or transmit any content that is defamatory, obscene, abusive, or otherwise offensive. This includes content that infringes on intellectual property rights or violates privacy rights.

  5. 4.2.5. Account Sharing: Users are not allowed to share their accounts or credentials with others. Each account is intended for use by a single individual or entity.

4.3. User Responsibilities

  1. 4.3.1. Accurate Information: Users are responsible for providing accurate and up-to-date information when registering and using the platform. This includes personal details, financial information, and any other relevant data.

  2. 4.3.2. Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Users must notify KasiConvocation® immediately if they suspect any unauthorized use of their account.

  3. 4.3.3. Compliance with Policies: Users must adhere to any additional policies or guidelines provided by KasiConvocation® regarding the use of the platform. This includes adhering to any user conduct rules or specific guidelines related to platform features.

4.4. Monitoring and Enforcement

  1. 4.4.1. Monitoring: KasiConvocation® reserves the right to monitor the use of the platform to ensure compliance with these Terms and to protect the platform and its users. This may include reviewing user-generated content and activity.

  2. 4.4.2. Enforcement Actions: KasiConvocation® may take appropriate actions if a user is found to be in violation of these Terms. This may include issuing warnings, suspending or terminating accounts, or reporting illegal activities to the relevant authorities.

4.5. Changes to Use Policies

  1. 4.5.1. Updates: KasiConvocation® may update its use policies from time to time to reflect changes in the platform, legal requirements, or operational needs. Users will be notified of significant changes to these policies.

  2. 4.5.2. User Acknowledgment: Continued use of the platform after any changes to the use policies constitutes acceptance of the revised policies.

5. Payment and Fees

5.1. Fees

  1. 5.1.1. Overview: The use of certain features and services on the KasiConvocation® platform may involve fees. This section outlines the types of fees that may be charged and the payment terms associated with them.

  2. 5.1.2. Types of Fees: Fees may include, but are not limited to, subscription fees, transaction fees, service fees, or any other fees related to the use of the platform's features. Details of each fee type will be provided in the relevant sections of the platform.

5.2. Subscription Fees

  1. 5.2.1. Subscription Tiers: KasiConvocation® offers various subscription tiers with different levels of access and benefits. Details of these tiers, including the associated fees, are provided on our pricing page.

  2. 5.2.2. Billing Cycle: Subscription fees are billed on a monthly basis, starting from the date of your initial subscription. Subsequent payments will be automatically charged to your chosen payment method unless cancelled in accordance with these Terms.

5.3. Transaction Fees

  1. 5.3.1. Overview: Transaction fees may apply to certain financial transactions conducted through the platform, such as deposits, withdrawals, or transfers.

  2. 5.3.2. Fee Structure: The transaction fees are typically a percentage of the transaction amount or a fixed fee per transaction. The exact fee structure is detailed in the transaction confirmation and the pricing page.

5.4. Service Fees

  1. 5.4.1. Additional Services: Certain premium features or additional services may incur service fees. These may include fees for expedited processing, premium support, or advanced functionalities.

  2. 5.4.2. Disclosure: Service fees will be clearly disclosed at the time of purchase or subscription to the additional service.

5.5. Payment Methods

  1. 5.5.1. Accepted Methods: Payments for fees can be made using the payment methods supported by the platform, including credit/debit cards, bank transfers, or other electronic payment systems.

  2. 5.5.2. Payment Processing: All payments are processed through secure and reliable payment gateways. Users are responsible for providing accurate and complete payment information.

5.6. Billing and Invoicing

  1. 5.6.1. Invoices: For subscriptions or transactions, users may receive electronic invoices detailing the charges and payment terms.

  2. 5.6.2. Disputes: Any disputes regarding billing or invoicing must be reported to our support team within 5 days of the invoice date for resolution.

5.7. Refunds and Cancellations

  1. 5.7.1. Refund Policy: Generally, subscription fees are non-refundable, except in cases where services were not provided as promised. Users seeking refunds must contact customer support within a specified period after the issue arises.

  2. 5.7.2. Cancellations: Users may cancel their subscription or services at any time. Cancellations will be effective at the end of the current billing cycle, and no further charges will be incurred.

5.8. Changes to Fees

  1. 5.8.1. Fee Adjustments: KasiConvocation® reserves the right to change fees at its discretion. Users will be notified of any changes to the fee structure through email or via announcements on the platform.

  2. 5.8.2. Impact of Changes: Fee changes will apply to future billing periods and will not affect fees already paid for the current period.

5.9. Non-Payment

  1. 5.9.1. Consequences: Failure to make payments as required may result in suspension or termination of access to the platform or its features.

  2. 5.9.2. Recovery: KasiConvocation® may take necessary actions to recover any outstanding amounts, including engaging with collection agencies or legal measures if necessary.

6. Privacy and Data Protection

6.1. Data Collection

  1. 6.1.1. Types of Data Collected We collect various types of data to provide and improve our services, including:

    1. Personal Information: Name, email address, phone number, and other contact details provided during registration or interaction with the platform.

    2. Financial Information: Payment details, transaction history, and financial data necessary for processing payments and facilitating transactions.

    3. Usage Data: Information about how you use our platform, including IP address, browser type, operating system, and browsing activity.

    4. Device Information: Data about the device you use to access the platform, such as device ID, hardware model, and software version.

    5. Location Data: Geographic location information collected through IP address or device location settings, if applicable.

  2. 6.1.2. Methods of Data Collection Data is collected through various means, including:

    1. Direct Interactions: Data provided by users when registering, completing forms, or engaging with our services.

    2. Automated Technologies: Cookies, web beacons, and similar technologies that track user activity and preferences.

    3. Third-Party Sources: Information obtained from third-party partners and service providers that help us enhance our services.

6.2. Data Use

  1. 6.2.1. Purpose of Data Use We use the collected data for the following purposes:

    1. Service Provision: To operate, maintain, and improve the functionality and user experience of our platform.

    2. Transaction Processing: To facilitate payments, manage financial transactions, and provide billing information.

    3. Customer Support: To respond to user inquiries, provide assistance, and resolve issues.

    4. Personalization: To customize user experiences and offer tailored content and recommendations.

    5. Communication: To send notifications, updates, and marketing communications, with user consent where required.

    6. Analytics: To analyse usage patterns and performance metrics to enhance our services and make data-driven decisions.

  2. 6.2.2. Legal Basis We process personal data based on:

    1. User Consent: Where you have given explicit permission for data collection and use.

    2. Contractual Necessity: To fulfil our contractual obligations and provide the services you have requested.

    3. Legal Obligations: To comply with legal and regulatory requirements.

    4. Legitimate Interests: To pursue our legitimate business interests, provided they do not override your rights and freedoms.

6.3. Data Security

  1. 6.3.1. Security Measures We implement robust security measures to protect your data, including:

    1. Encryption: Use of encryption technologies to safeguard data during transmission and storage.

    2. Access Controls: Restricted access to data based on user roles and permissions.

    3. Regular Audits: Periodic security audits and vulnerability assessments to identify and address potential risks.

    4. Data Backups: Regular backups to ensure data integrity and recovery in case of loss or corruption.

  2. 6.3.2. Data Breach Response In the event of a data breach, we will:

    1. • Notification: Inform affected users promptly and provide details about the breach and potential impact.

    2. • Mitigation: Take immediate action to contain and mitigate the breach, including notifying relevant authorities.

    3. • Remediation: Review and enhance our security measures to prevent future breaches.

6.4. Data Retention

  1. 6.4.1. Retention Period We retain personal data for as long as necessary to fulfil the purposes for which it was collected, including:

    1. Service Duration: For the duration of your use of the platform and to comply with our contractual obligations.

    2. Legal Requirements: To meet legal, regulatory, and tax obligations.

    3. Business Needs: To support ongoing business operations, such as fraud detection and legal claims.

  2. 6.4.2. Data Deletion Upon request or when data is no longer needed, we will:

    1. Delete or Anonymize: Remove or anonymize personal data to ensure it cannot be used to identify individuals.

    2. Confirm Deletion: Provide confirmation of data deletion upon request, subject to applicable legal requirements.

6.5. User Rights

  1. 6.5.1. Access and Correction Users have the right to access and update their personal data, including:

    1. Access Requests: Request a copy of the personal data we hold about them.

    2. Correction: Update or correct any inaccurate or incomplete information.

  2. 6.5.2. Deletion and Restriction Users can request:

    1. Deletion: Removal of their personal data under certain conditions.

    2. Restriction: Limiting the processing of their data in specific circumstances.

  3. 6.5.3. Objection and Portability Users can:

    1. Object: Object to the processing of their data for certain purposes, such as direct marketing.

    2. Portability: Request a copy of their data in a structured, commonly used format for transfer to another service provider.

6.6. Third-Party Links

  1. 6.6.1. External Sites: The platform may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these external sites. Users should review the privacy policies of any third-party sites they visit.

6.8. Contact Us

  1. 6.8.1. Inquiries For questions or concerns about our privacy practices or this Terms of Service, please contact us at:

  2. • Email: terms@kasiconvocation.com

  3. • Address: 136 2nd Street, Randjespark, Midrand, Gauteng, South Africa 1685

  4. • Phone: +27 11 695 4800

7. Intellectual Property

7.1. Ownership

  1. 7.1.1. Platform Content: All content, materials, and intellectual property related to the KasiConvocation® platform, including but not limited to software, design, text, graphics, logos, images, and user interfaces, are the exclusive property of KasiConvocation® or its licensors. This includes all copyrights, trademarks, trade secrets, and other intellectual property rights.

  2. 7.1.2. User Contributions: Any content or materials submitted by users to the platform, including but not limited to posts, comments, and media, will remain the property of the user. However, by submitting such content, users grant KasiConvocation® a perpetual, royalty-free, non-exclusive, and worldwide license to use, reproduce, modify, distribute, and display the content in connection with the platform and its services.

7.2. Usage Rights

  1. 7.2.1. Limited License: KasiConvocation® grants users a limited, non-exclusive, revocable, and non-transferable license to access and use the platform and its content for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to modify, reproduce, distribute, or create derivative works based on the platform or its content, except as expressly permitted by KasiConvocation®.

  2. 7.2.2. Prohibited Actions: Users are prohibited from copying, distributing, transmitting, displaying, performing, or creating derivative works from any part of the platform without explicit permission from KasiConvocation®. This includes the use of any automated systems, such as robots or scrapers, to access or extract content from the platform.

7.3. Trademarks

  1. 7.3.1. Usage Restrictions: The name "KasiConvocation®" and any associated logos, brand names, and trademarks are the property of KasiConvocation®. Users are not permitted to use these trademarks without prior written consent from KasiConvocation®.

  2. 7.3.2. No Implied Rights: Nothing in these Terms should be construed as granting any right, title, or interest in any trademark, patent, or other intellectual property owned by KasiConvocation® or its licensors.

7.4. Intellectual Property Infringement

  1. 7.4.1. Reporting Infringement: Users who believe that their intellectual property rights have been infringed by content on the platform should contact KasiConvocation® with a detailed notice including the nature of the infringement and any relevant evidence.

  2. 7.4.2. Action Taken: KasiConvocation® will investigate claims of intellectual property infringement and take appropriate actions in accordance with applicable laws and regulations. This may include removing or disabling access to the allegedly infringing content.

7.5. No Transfer of Rights

  1. 7.5.1. Ownership Retained: Users acknowledge that no transfer of ownership or intellectual property rights occurs through the use of the platform or the acceptance of these Terms. All rights not expressly granted to users are reserved by KasiConvocation®.

7.6. Feedback and Suggestions

7.6.1.

Ownership of Feedback:

Any feedback, suggestions, or ideas provided by users regarding the platform or its services are considered non-confidential and will be the sole property of KasiConvocation®. KasiConvocation® may use such feedback without any obligation or compensation to the user.

8. Termination and Suspension

8.1. Termination by User

  1. 8.1.1. User-Initiated Termination: Users may terminate their account and access to the KasiConvocation® platform at any time by submitting a written request through the designated account settings or customer support channels. Upon termination, the user will no longer have access to their account and any associated data will be handled according to our data retention policies.

8.2. Termination by KasiConvocation®

  1. 8.2.1. Grounds for Termination: KasiConvocation® reserves the right to terminate a user’s account and access to the platform at its sole discretion, including but not limited to:

  2. Violation of Terms: Breach of these Terms of Service or any other agreements or policies related to the use of the platform.

  3. Illegal Activity: Engagement in activities that are illegal, fraudulent, or harmful to the platform or its users.

  4. Security Concerns: Activities that threaten the security, integrity, or performance of the platform.

  5. Non-Payment: Failure to pay any applicable fees or charges when due.

  6. 8.2.2. Notice of Termination: KasiConvocation® will provide the user with written notice of termination, detailing the reasons for the action and the effective date. The notice period may vary depending on the severity of the breach or violation.

8.3. Suspension of Account

  1. 8.3.1. Grounds for Suspension: KasiConvocation® may suspend a user’s account temporarily for the following reasons:

  2. Investigation: To investigate suspected violations of these Terms or other policies.

  3. Maintenance: For scheduled maintenance or updates to the platform.

  4. Security Threats: To address security concerns or protect the platform’s integrity.

  5. 8.3.2. Duration of Suspension: The duration of the suspension will be determined based on the nature of the issue. During the suspension period, the user may be restricted from accessing their account and using the platform’s features.

8.4. Effects of Termination or Suspension

  1. 8.4.1. Data Retention: Upon termination or suspension, user data will be handled in accordance with our data retention and privacy policies. Certain data may be retained for legal or operational reasons.

  2. 8.4.2. Access to Content: Users will lose access to their account and any content, data, or transactions associated with it. KasiConvocation® is not liable for any loss of data or content resulting from termination or suspension.

  3. 8.4.3. Final Settlement: Any outstanding balances or obligations must be settled before account termination. Failure to address financial obligations may result in legal action or collection efforts.

8.5. Appeal Process

  1. 8.5.1. Appeals: Users who believe their account has been wrongfully terminated or suspended may submit an appeal through our support channels. The appeal will be reviewed, and a decision will be made based on the circumstances.

8.6. Reinstatement

  1. 8.6.1. Conditions for Reinstatement: Reinstatement of a terminated or suspended account may be considered under certain conditions, such as resolution of the issues leading to termination or suspension. Users must comply with any requirements set forth by KasiConvocation® for reinstatement.

8.7. No Liability

  1. 8.7.1. Limitation of Liability: KasiConvocation® is not liable for any direct or indirect losses or damages resulting from the termination or suspension of a user’s account. Users agree to indemnify KasiConvocation® for any claims arising from their use of the platform and subsequent termination or suspension.

9. Limitation of Liability

9.1. Disclaimer of Warranties

  1. 9.1.1. No Warranty: The platform and all services provided are offered on an "as is" and "as available" basis. KasiConvocation® does not warrant that the platform will be uninterrupted, error-free, or free of harmful components such as viruses or malware.

  2. 9.1.2. Implied Warranties: To the fullest extent permitted by law, KasiConvocation® disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. Limitation of Liability

  1. 9.2.1. Direct Damages: In no event shall KasiConvocation® be liable for any direct damages exceeding the amount paid by the user to KasiConvocation® for the specific service or feature that gave rise to the claim, or if the user has not made any payments, the liability shall be limited to R 1000.

  2. 9.2.2. Indirect, Consequential, and Special Damages: KasiConvocation® shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, loss of data, or loss of use, even if advised of the possibility of such damages.

  3. 9.2.3. Third-Party Content: KasiConvocation® is not responsible for the accuracy, legality, or appropriateness of any third-party content accessible through the platform. Users assume all risks associated with the use of such content.

9.3. Exclusions

  1. 9.3.1. Exclusions by Law: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Therefore, the limitations and exclusions in this section may not apply to every user.

9.4. Indemnification

  1. 9.4.1. User Responsibility: Users agree to indemnify, defend, and hold harmless KasiConvocation®, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with their use of the platform or any violation of these Terms.

9.5. No Liability for Actions of Users

  1. 9.5.1. User Conduct: KasiConvocation® is not responsible for the actions or inactions of users on the platform, including any disputes between users or any harm resulting from user-generated content.

10. Indemnification

10.1. User Responsibility

By using the KasiConvocation® platform, you agree to indemnify, defend, and hold harmless KasiConvocation®, its affiliates, officers, directors, employees, agents, and partners (collectively referred to as "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable legal fees and expenses) arising out of or related to:

  1. 10.1.1. User Content: Any content or materials you submit, post, or transmit through the platform, including but not limited to text, images, videos, and comments, and any disputes related to the ownership or accuracy of such content.

  2. 10.1.2. User Actions: Your use of the platform, including any actions taken by you or anyone using your account, that may cause harm to the platform, other users, or any third party.

  3. 10.1.3. Violation of Terms: Any breach of these Terms of Service or any other agreements or policies related to the use of the platform.

  4. 10.1.4. Illegal Activities: Any illegal or unlawful conduct that you engage in while using the platform, including violations of applicable laws, regulations, or third-party rights.

10.2. Indemnification Process

  1. 10.2.1. Notification: The Indemnified Parties will promptly notify you of any claim, suit, or proceeding for which indemnification is sought. Such notification will include relevant details about the claim and the nature of the damages or losses involved.

  2. 10.2.2. Cooperation: You agree to cooperate fully with the Indemnified Parties in defending against any claim. This includes providing necessary documentation, information, and access to relevant witnesses or evidence.

  3. 10.2.3. Control of Defense: The Indemnified Parties reserve the right to assume control of the defense and settlement of any claim, at their own expense. However, if you choose to assume the defense yourself, you must obtain the prior written consent of KasiConvocation® before settling or compromising any claim.

  4. 10.2.4. Costs and Expenses: You agree to cover all costs and expenses incurred by the Indemnified Parties in connection with the claim, including reasonable attorneys' fees, court costs, and settlement amounts.

10.3. Limitations

  1. 10.3.1. Exclusions: The indemnification obligations do not apply to the extent that the claims arise from the negligence, wilful misconduct, or gross negligence of the Indemnified Parties.

  2. 10.3.2. Cap on Liability: The total amount of indemnification obligations shall not exceed the amount paid by you to KasiConvocation® for the use of the platform during the twelve (12) months preceding the claim, to the extent permitted by law.

10.4. Survival

The indemnification obligations outlined in this section will survive the termination or expiration of these Terms of Service and your use of the platform.

11. Changes to Terms

11.1. Modifications to Terms

KasiConvocation® reserves the right to modify, amend, or update these Terms of Service at any time. Such changes may be made for various reasons, including but not limited to:

  1. • Changes in applicable laws or regulations.

  2. • Updates to reflect new features or services offered on the platform.

  3. • Improvements to enhance user experience and security.

  4. • Revisions to address feedback or operational needs.

11.2. Notification of Changes

When significant changes are made to these Terms, KasiConvocation® will notify users in one or more of the following ways:

  1. Email Notification: We may send an email to the address associated with your account, outlining the changes and their effective date.

  2. Platform Notification: We may display a notification or banner on the platform, informing users of the updates and providing a link to the revised Terms.

  3. Update on Website: The updated Terms will be posted on our website or mobile application, with a clear indication of the date on which they were last updated.

11.3. User Responsibility

It is the user’s responsibility to review the Terms regularly to stay informed of any changes. Continued use of the platform following the publication of updated Terms signifies acceptance of the new Terms. If a user does not agree to the revised Terms, they must discontinue using the platform and terminate their account.

11.4. Effective Date of Changes

The changes to the Terms will become effective on the date specified in the notification or when the updated Terms are posted on the platform, whichever comes first. Users will be deemed to have accepted the updated Terms by continuing to access or use the platform after this date.

11.5. Historical Versions

Users can view previous versions of the Terms upon request or by accessing our website’s archive of historical Terms. This allows users to understand the evolution of the Terms and their rights and responsibilities under past versions.

11.6. Dispute Resolution

In the event of any dispute arising from changes to the Terms, the version of the Terms in effect at the time the dispute arose will apply. Users are encouraged to contact customer support if they have any questions or concerns regarding changes to the Terms.

12. Governing Law

12.1. Governing Law:

The Terms of Service for KasiConvocation® will be governed by and construed in accordance with the laws of South Africa. This means that any disputes, claims, or legal issues arising from or related to your use of the platform will be evaluated and resolved based on the laws and regulations of this jurisdiction.

12.2. Jurisdiction:

Any legal actions or proceedings related to these Terms of Service must be brought exclusively in the courts of South Africa. By using the platform, you consent to the jurisdiction and venue of these courts, meaning you agree that they will have the authority to resolve any legal disputes that arise.

12.3. Dispute Resolution:

In the event of a dispute between you and KasiConvocation® regarding these Terms, we encourage you to seek resolution through informal discussions or mediation before pursuing legal action. This step can help resolve issues more efficiently and amicably.

12.4. Enforceability:

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed severed from the Terms, and the remaining provisions will continue to be valid and enforceable.

12.5. No Waiver:

Failure by KasiConvocation® to enforce any provision of these Terms of Service will not be considered a waiver of that provision or any other rights we may have. Any waiver must be explicitly stated in writing and signed by an authorized representative of KasiConvocation®.

12.6. Conflict of Laws:

In case of any conflict between the laws of South Africa and the laws of another jurisdiction, the laws of South Africa will prevail. This ensures consistency in the application and interpretation of these Terms.

12.7. Legal Advice:

It is recommended that users seek their own legal advice regarding the implications of these Terms of Service and any legal obligations or rights they may have under the laws of South Africa.

13. Contact Information

13.1. Customer Support

For any questions, concerns, or assistance related to the KasiConvocation® platform, users can contact our customer support team through the following methods:

  1. Email Support: Users may send an email to support@kasiconvocation.com for general inquiries, technical support, and account-related issues. Our support team aims to respond to emails within 1-72 hours.

  2. Phone Support: For urgent matters or direct assistance, users can call our support hotline at 061 428 0018/ 011695 4800. Our phone support is available during business hours, from 9 AM to 5 PM, Monday to Friday.

13.2. Technical Support

For technical issues related to the functionality or performance of the platform, users may contact our technical support team through:

  1. Technical Support Email: Reach out to techsupport@kasiconvocation.com for issues related to bugs, errors, or technical difficulties experienced on the platform. Please include detailed information about the problem to expedite resolution.

  2. Help Center: Visit our online Help Center at www.kasiconvocation.com/help for FAQs, troubleshooting guides, and solutions to common issues.

13.3. Business Inquiries

For partnership opportunities, business development, or corporate inquiries, please contact:

  1. Business Development Email: Send inquiries to business@kasiconvocation.com. This email is monitored by our business development team, and responses are generally provided within 3-5 business days.

13.4. Mailing Address

For formal correspondence or documentation, users can send mail to:

KasiConvocation® 136 2nd Street Randjespark, Midrand, Gauteng South Africa 1685

13.5. Feedback and Suggestions

We value feedback from our users to improve our services. Users can provide feedback or suggestions via:

Feedback Email: Share your thoughts and suggestions at feedback@kasiconvocation.com. We review all feedback and strive to incorporate user input into our ongoing development efforts.

13.6. Changes to Contact Information

KasiConvocation® reserves the right to update or change contact information as necessary. Users will be notified of any significant changes through announcements on the platform or via email.

14. Miscellaneous

14.1. Entire Agreement

  1. 14.1.1. Full Understanding: These Terms of Service, together with any other agreements or policies referenced herein (such as Privacy Policy), constitute the entire understanding and agreement between you and KasiConvocation® regarding the use of our platform and services.

  2. 14.1.2. Supersession: This agreement supersedes all prior or contemporaneous agreements, understandings, or communications, whether oral or written, relating to the subject matter of these Terms. Any other agreements or terms previously agreed upon between the parties are rendered null and void.

14.2. Severability

  1. 14.2.1. Invalidity of Provisions: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court or authority, such provision will be deemed modified or removed to the minimum extent necessary to make it valid, legal, and enforceable.

  2. 14.2.2. Continuation of Terms: The remaining provisions of these Terms will continue to be in full force and effect, and the invalidity of any provision will not affect the validity of any other provision.

14.3. Waiver

  1. 14.3.1. Non-Waiver: Any failure or delay by KasiConvocation® in exercising any right, power, or privilege under these Terms will not constitute a waiver of such right, power, or privilege.

  2. 14.3.2. Written Waiver: A waiver of any provision of these Terms will only be valid if it is in writing and signed by an authorized representative of KasiConvocation®.

14.4. Assignment

  1. 14.4.1. User Restrictions: You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of KasiConvocation®.

  2. 14.4.2. KasiConvocation® Rights: KasiConvocation® reserves the right to assign, transfer, or delegate its rights and obligations under these Terms to any third party, including but not limited to any affiliates, subsidiaries, or acquirers of the business.

14.5. Force Majeure

  1. 14.5.1. Uncontrollable Events: KasiConvocation® will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labour disputes, or technical failures.

  2. 14.5.2. Mitigation: In the event of a force majeure, KasiConvocation® will make reasonable efforts to resume performance as soon as possible and will notify users of the occurrence and expected duration of the event.

14.6. Notices

  1. 14.6.1. Method of Communication: Any notices or communications required or permitted under these Terms will be provided in writing and may be sent by email, postal mail, or through the platform’s notification system.

  2. 14.6.2. Contact Information: Users are responsible for keeping their contact information up to date to ensure receipt of any notices. Notices to KasiConvocation® should be sent to the address or email provided in the platform’s contact section.

14.7. Governing Language

  1. 14.7.1. Language of Terms: These Terms are drafted in English. Any translation of these Terms into another language is provided for convenience and is not legally binding. In the event of any conflict between the English version and any translation, the English version will prevail.

14.8. Legal Compliance

  1. 14.8.1. Compliance with Laws: Users agree to comply with all applicable local, state, and national laws and regulations in connection with their use of the platform and services.

  2. 14.8.2. Reporting Violations: Users are encouraged to report any suspected violations of these Terms or applicable laws to KasiConvocation®.

14.9. Relationship of the Parties

  1. 14.9.1. Independent Contractors: Nothing in these Terms shall be construed to create a partnership, joint venture, or employer-employee relationship between the user and KasiConvocation®.

  2. 14.9.2. No Third-Party Beneficiaries: These Terms are intended solely for the benefit of the parties hereto and do not create any rights or benefits for third parties.