Terms & Conditions

Website Terms of Use

By using this Website, you are deemed to have read and agree to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

This website is made available by Keutlwang Communications CC, (“KC”), as such, the following terminology applies to these Terms of Use: “we”, “us” or “our” refers to KC. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/it or they, are taken as interchangeable and therefore referring to same. Although parts of these Terms of Use may reference other associates of KC, these Terms of Use are only between you and us and not with any of those other entities.

Use of Content; Restrictions; Privacy Statement

We are committed to protecting your privacy. Only authorized employees within KC and, on a need to know basis, use any information collected from your use of this Website.

By using our services, you consent to us referring to: [1] the fact that we rendered services to you; and [2] the nature of the services rendered to you in any of our promotional material.

Unless otherwise indicated in the relevant content, and on condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that [1] such use is for informational and non-commercial purposes only; and [2] any copy of the content that you make must include the copyright notice or other attribution associated with the content.

You are not authorized to copy or use any software, proprietary processes or technology embodied or described in this Website. You agree to comply with all applicable laws in accessing and using this Website.

Content Displayed On the Website

KC is a communications company and as such, publishes content [such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images], relating to its initiatives on the Website for marketing and advertising purposes only. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content of this Websites, either in whole or in part, unless you have been specifically authorized to do so by KC, in a separate agreement.

Intellectual Property Rights

Unless otherwise indicated, the content on this Website is provided by us and/or our associates.

Copyright and other relevant intellectual property rights exists on all text relating to KC, its logo, services and names thereto that appear on this Website as well as the full content of this Website. This Website and its contents are protected by the copyright, trademark, design, patent and other laws of the Republic of South Africa. We and our licensors reserve all rights not expressly granted in these Terms of Use.

We retain all copyright and other intellectual property rights in all documents, media, content and other artworks and/or works we generate, create, design and/or develop whilst providing the services (including know-how, working materials and final documents). We hereby grant you a non-exclusive, non-transferable right and/or license to use these documents or other works solely for the instruction to which such generation and/or development relate, and not otherwise. Failure to pay us in full for our services in relation to any particular work, may result to the revocation of any right of use or license so granted.

We respect all third party intellectual property rights, and as such, we require that your use of the Website remains compliant with third party intellectual property rights. References to any of our associates’ and/or other parties’ intellectual property rights on this Website are for identification purposes only; and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the intellectual property rights of other parties.

Except as expressly provided in these Terms of Use, you shall not use the name “Keutlwang Communications”, “KC” and/or the KC logo, either alone or in combination with other words or design elements. You may not use any of the foregoing names, marks or logos in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, print, visual or any other form, except if expressly permitted in writing by KC or its designee. To request this written permission, use the Contact Us feature on this Website.

Disclaimers and Limitations of Liability

THIS WEBSITE [INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF] CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR BUSINESS, STRATEGY, FINANCE AND/OR PROJECT, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR. THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE], OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, RELIANCE THERETO, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY ANY OF OUR ASSOCIATES OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND/OR TOOLS.  LINKS TO ANY SUCH WEBSITES, RESOURCES AND/OR TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OF OUR ASSOCIATES AND TO OUR AND THEIR RESPECTIVE PERSONNEL.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, DELICT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE] OR OTHERWISE.

Email Disclaimer 

Any electronic communication you receive from an employee or representative of KC including any attachments, is subject to the electronic communications disclaimer as set out below in the tERMS OF uSE. If this communication is not addressed to you and has been received in error, you must: [1] notify the sender immediately and delete the e-mail; and [2] refrain from copying, printing, forwarding, publishing or disclosing the contents of the e-mail.

Reasonable care has been taken to transmit this communication free of damaging code, however KC and the sender make no warranties in this regard. Neither KC nor the sender of the e-mail shall be liable for any loss, damage or expense of any nature WHATSOEVER resulting from the transmission of the e-mail, including any damaging codes or viruses transmitted. The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of KC. KC shall not be liable for any loss, damage or expense resulting from any e-mails or faxes sent by its employees which contain infringing, offensive, defamatory or otherwise unlawful content or which content constitute unsolicited commercial messages (“spam”). Please notify us should you regard this mail as unsolicited by sending a mail to KEUTLWANG@K-COM.CO.ZA. Employees and representatives of kc may not conclude, negotiate or solicit agreements or otherwise bind kc via email unless expressly authorized to do so. kc deemS a mail as sent once it reflects as ’sent’ on the email server of kc.

This disclaimer is deemed to be part of the content of any e-mails in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended.

Applicable Law and Jurisdiction and Dispute Resolution

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this Website.

If any dispute arises out of or in connection with the content of this Website or the services that we render to you, such dispute must be referred for resolution firstly by way of negotiation and in the event of that failing, by way of mediation and in the event of that failing, by way of arbitration. The reference to negotiation and mediation is a pre-condition to the parties having the dispute resolved by arbitration.

Communication

We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our Website or via KC’s information or stated telephone, facsimile or mobile telephone numbers.

Unless otherwise directed by you, we will correspond with you by means of electronic mail. Whilst we take reasonable steps to safeguard the security and confidentiality of the information transmitted, we: [1] do not encrypt our electronic communications; and [2] cannot guarantee its security and confidentiality.

KC is registered in South Africa, Registration Number:. CK2007/153808/23, with its principal place of business situated at 132 Rooiels Road, Sharonlea, 2064.

General

If any portion of these Terms of Use is invalid or unenforceable for any reason [including, but not limited to the disclaimer set out above] in any jurisdiction, then [1] in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible and the remainder of these Terms of Use shall remain in full force and effect and [2] in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

Failure by KC to insist upon strict compliance with any of the provisions of these Terms of Use or performance in this Website, or its failure to exercise any right or remedy to which it is entitled hereunder, shall not constitute a waiver thereof; and shall not cause a diminution of any of the obligations under this Website and/or Terms of Use. No waiver of any of the provisions of this Website or Terms of Use shall be effective unless it is expressly stated to be such by KC in writing.

Notification of Changes

KC reserves the right to change these Terms of Use from time to time as it deems fit and appropriate. It is your responsibility to be aware of any such revised Terms of Use by checking this Website. Your continued use of this Website will signify your acceptance of any adjustment to these Terms of Use.

Your access to this Website indicates Your understanding, agreement to and acceptance, of our terms.