Care 4 Kidz terms and conditions of use
Please read these terms of use carefully. By using this website
you agree to the following terms and conditions:
You acknowledge and understand that by accessing and using this
site and/or any of the services offered on this site including the
payment to a third party, you agree to and are bound by these terms and
conditions of use.
These terms and conditions of use constitute a binding
agreement between Care 4 Kidz (Pty) Ltd "Care 4 Kidz",
and you, the user.
Your use of this site and any of the services offered on this
site, including without limitation our payment gateway services, will be
subject to the most current version of these terms of use posted on the
Site at the time of such use.
Care 4 Kidz (Pty) Ltd may at any time revise these web site terms and
conditions by updating this posting. By using the site, you agree to be
bound by any such revisions and you agree to periodically visit this
page to determine the then current web site terms and conditions to
which you are bound.
You agree to use this site in accordance with these terms of
use, and all laws, regulations and codes of conduct (including self
regulatory) applicable to you and your use of the internet and the
services provided to you on this site. In particular, you agree to use
this site only for lawful purposes and in a manner which does not
infringe the rights of, or restrict or inhibit the use of or enjoyment
of this site by any third party. Furthermore you agree not to use the
site in a manner that would bring Care 4 Kidz (Pty) Ltd and our
business and/or any of our affiliates into disrepute.
Restriction on use of content
The unauthorized copying, displaying or other use of any
content from this site is a violation of the law.
You acknowledge having been advised by Care 4 Kidz (Pty) Ltd that the content
is protected in
In addition to Care 4 Kidz (Pty) Ltd's rights in individual elements of the
content, Care 4 Kidz (Pty) Ltd or its licensors own a copyright in the selection,
coordination and arrangement of the content.
You are hereby granted permission to access the content from
the site in whole or in part, solely for your personal, NON-COMMERCIAL
use of viewing and browsing through the site or utilising the payment
gateway from the site. This permission terminates automatically if you
breach any of the web site terms of use. Use of the content is limited
to authorised use in terms of the site. All other use of content from
the site, including, but not limited to uploading, downloading,
modification, publication, transmission, participation in the transfer
or sale of, copying, reproduction, republishing, creation of derivative
works from, distribution, performance, display, incorporation into
another web site, reproducing the site (whether by linking, framing or
any other method), or in any other way exploiting any of the content, in
whole or in part, or downloading and using software repeatedly for uses
other than those expressly permitted may not be made without Care 4 Kidz
(Pty) Ltd's
prior express written consent. By posting content on the site, you are
giving Care 4 Kidz (Pty) Ltd the right to display such content on the service and to
use such content for promotional and marketing purposes.
Trade marks and service marks
There are a number of proprietary logos, service marks,
trademarks, slogans and product designations found on this site. By
making them available on this site, Care 4 Kidz (Pty) Ltd is not granting you a license
to use them in any fashion. Access to this site does not confer upon you
any license under any of Care 4 Kidz (Pty) Ltd's or any third party's intellectual
property rights.
Privacy and security
All personal information obtained by Care 4 Kidz (Pty) Ltd through your use of
this website is protected as set out in our privacy policy.
Access
To facilitate payment through us you may be required to enter
your South African identity number. You may be required to enter your
South African identity number every time you want to use the services on
our site. Care 4 Kidz (Pty) Ltd will not be held liable for any loss or damage suffered
or liability incurred arising from your failure to keep your details
(such as South African identity number) secure or from you permitting
anyone else to use your South African identity number with us and you
indemnify Care 4 Kidz (Pty) Ltd and hold us harmless in this regard. You accept that
you will be personally liable for all transactions concluded on your
behalf.
Links
No person, business or web site may link to any page on this
site without the prior written permission of Care 4 Kidz (Pty) Ltd.
This site may provide links to other third-party internet web
sites or resources. Care 4 Kidz (Pty) Ltd makes no representations whatsoever about any
other web site which you may access through this site. Because Care 4
Kidz (Pty) Ltd
has no control over such sites and resources, you acknowledge and agree
that Care 4 Kidz (Pty) Ltd is not responsible for the availability of such external
sites or resources and is not responsible or liable for any content,
advertising, products, services or other materials on or available from
such sites or resources. Care 4 Kidz (Pty) Ltd makes no representation or warranty as
to any third party content, products or services, and you agree that
Care 4 Kidz (Pty) Ltd shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such third-party content, products or
services available on or through any such site or resource.
Transmitted material
Internet transmissions are never completely private or secure.
You understand that any message or information you send to/from the site
may be intercepted by others, unless such message or information is
encrypted. Sending a message to/from Care 4 Kidz (Pty) Ltd does not cause
Care 4 Kidz (Pty) Ltd to
have a special responsibility to you.
Disclaimer of warranty
Care 4 Kidz (Pty) Ltd does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other web sites linked to or from the site.
Although Care 4 Kidz (Pty) Ltd intends to take reasonable steps to prevent the
introduction of viruses, worms, "Trojan horses" or other destructive
materials to this site, it does not guarantee or warrant that this site
or materials that may be downloaded from this service do not contain
such destructive features. Any material downloaded or otherwise obtained
through the use of the site is done at your own discretion and risk and
you are solely responsible for any damage to your computer system or
loss of data that results from the download of any such material, or use
of this site.
The content of the site is provided "as is" and on an "as
available" basis, without warranties of any kind either express or
implied. The site has not been compiled or supplied to meet the user's
individual requirements and it is your sole responsibility to satisfy
yourself prior to entering into any agreement with Care 4 Kidz (Pty) Ltd that the
service available from this website will meet your needs and
requirements.
To the fullest extent possible pursuant to applicable law,
Care 4 Kidz (Pty) Ltd disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or other violation of rights. No
advice or information, whether oral or written, obtained by you from
Care 4 Kidz (Pty) Ltd shall be deemed to alter this disclaimer of warranty, or to
create any warranty.
Limitation of liability
Care 4 Kidz (Pty) Ltd will not be liable for any damages of any kind arising
out of or relating to the use or the inability to use this site, its
content or links, including but not limited to damages caused by or
related to errors, omissions, interruptions, defects, delay in operation
or transmission, computer virus, line failure, and all other direct,
indirect, special, incidental or consequential damages even if Care 4
Kidz (Pty) Ltd
has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold harmless Care 4 Kidz (Pty) Ltd, its directors,
officers, shareholders, parents, subsidiaries, affiliates, agents, and
licensors, from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this agreement.
Address for service
The address for service for all purposes relating to these
terms of use including the giving of any notice, the serving of any
process, is Care 4 Kidz (Pty) Ltd, Plot 417, Leeuwfontein,
General
Care 4 Kidz (Pty) Ltd may modify, suspend, withdraw or discontinue,
temporarily or permanently, the content, in whole or in part, at any
time without notice. You agree that Care 4 Kidz (Pty) Ltd shall not be liable to you or
to any third party for any modification, suspension, withdrawal or
discontinuance of the content.
These terms shall be governed by and construed in accordance
with the laws of the
You hereby consent to exclusive jurisdiction of the High Court
of South Africa in respect of any disputes arising in connection with
the services referred to herein, or the terms or any matter related to
or in connection therewith.
These terms and conditions of use together with the applicable
terms of the conditions of usage/payment constitute the entire agreement
between you and Care 4 Kidz (Pty) Ltd and supercede any previous agreements,
negotiations, representations, arrangements, undertaking or proposals
whether written or oral concerning the subject matter hereof.
Care 4 Kidz (Pty) Ltd’s failure to enforce any provision of this agreement
will not be construed as a waiver of any provision or right. In the
event that a portion of this agreement is held unenforceable or invalid
by any competent authority, the unenforceable portion will be construed
in accordance with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remainder of the provisions
will remain in force and effect to the fullest extent permitted by the
law.
Care 4 Kidz (Pty) Ltd will have the right to cede, delegate, transfer and/or
assign its rights, obligations and duties hereunder to any person and/or
entity, and you hereby consent to such cession, delegation, assignment
and/or transfer.
Care 4 Kidz (Pty) Ltd will be excused any failure to perform or delay in
performance of any or all of our obligations hereunder as a result of an
event of force majeure, including without limitation acts of God
(including flood, fire, earthquake or other similar events), riots, war,
strikes, lock-outs or other industrial disputes, epidemics, failure of
telecommunications systems, failure of the world wide web, any outages
of the internet or connection or communications thereto, governmental
restraints and act(s) of legislature or any other cause outside our
reasonable control.
Full electronic communications disclaimer
Every effort is made to provide accurate and complete
information. However, given the substantial amounts of information for
our communications at the time of dissemination, often uploaded within
short deadlines, we cannot guarantee that there will be no errors. We
therefore accept no responsibility for any loss or damage which may
arise from reliance on information contained in any communication sent.
Neither Care 4 Kidz (Pty) Ltd, nor its holding company Care 4 Kidz (Pty)
Ltd, nor
their employees and contractors make any warranty with respect to the
accuracy of any information expressed or implied in any communication.
The information in this communication (which includes any files
transmitted with it) is confidential and may be legally privileged. It
is intended solely for the addressee. Access to this communication by
anyone else is unauthorised. If you are not the intended recipient, any
disclosure, copying, distribution or any action taken or omitted to be
taken in reliance on it, is prohibited and may be unlawful. When
addressed to our clients any opinions or advice contained in this
communication are subject to the terms and conditions expressed in any
governing client engagement letter. The contents of an attachment to
this communication may contain software viruses which could damage your
own computer system. While Care 4 Kidz (Pty) Ltd has taken every reasonable precaution
to minimise this risk, we cannot accept liability for any damage which
you sustain as a result of software viruses. You should carry out your
own virus checks before opening the attachment. Copyright in this e-mail
and any document created by us will be and remain vested in us and will
not be transferred to you. We assert the right to be identified as the
author of and to object to any misuses of the contents of this
communication or such documents.
General
Each single gateway access that you select to use is subject to
these terms and conditions as well as any additional terms and rules
applicable to the particular payment and/or transfer. Such terms may be
referred to or set out on the relevant payment or may be made available
elsewhere on this web site.
The use of any service or the use of any payment gateway
through this web site is at the payor’s risk. The payor /user
indemnifies and holds Care 4 Kidz (Pty) Ltd harmless against any
loss, injury or damages which may be sustained as a result of using the
service or any payment gateway on the web site.
Care 4 Kidz (Pty) Ltd, however, does not guarantee the absolute security of
any information you transmit to us or that is transmitted to you and
disclaims any liability arising in connection with any unauthorised
disclosure of such information.
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