Condition of Access

Access to and use of this website is provided by Kaymac (Pty) Ltd trading as Kaytech.

1. By using the Kaytech website you agree to be bound by these terms, which shall take effect immediately on your first use of the Kaytech website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the Kaytech website.

2. Kaytech may change these terms from time to time and so you should check these terms regularly. Your continued use of the Kaytech website will be deemed acceptance of the updated and/or amended terms. If you do not agree to the changes, you should cease using this website.

3. Use of the Kaytech Website

You agree to use the Kaytech website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Kaytech website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Kaytech website.

Intellectual Property

4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Kaytech website and all content (including all applications) located on the site shall remain vested in Kaytech or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse-engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Kaytech content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Kaytech content except for your own personal, non-commercial use. Any other use of Kaytech content requires the prior written permission of Kaytech.

5. The names, images and logos identifying Kaytech or third parties and their products and/or services are subject to copyright, design rights and trade marks of Kaytech and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Kaytech or any other third party.

Contributions to the Kaytech Website

6. By sharing any contribution (including any text, photographs, graphics, video or audio) with Kaytech you agree to grant to Kaytech, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Kaytech services in any media worldwide (including on the Kaytech site accessed by international users).

7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.

8. In order that Kaytech can use your contribution you confirm that your contribution is your own original work, is not defamatory and does not infringe any South African laws, that you have the right to give Kaytech permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under the age of 16.

9. Kaytech will normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Kaytech may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see Kaytech’s Privacy Policy plus any local terms where applicable.

10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Kaytech.

11. If you do not want to grant Kaytech the permission set out above on these terms, please do not submit or share your contribution to/with Kaytech.

Disclaimers and Limitation of Liability

12. Kaytech is not responsible for any content posted by members of the public or for the availability or content of any third party sites that are accessible through Kaytech. Any links to third party websites from Kaytech do not amount to any endorsement of that site by Kaytech and any use of that site by you is at your own risk.

13. Kaytech content, including the information, names, images, pictures, logos and icons regarding or relating to Kaytech, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, Kaytech excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Kaytech does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by the Kaytech website is correct at the time of publication no responsibility is accepted by or on behalf of Kaytech for any errors, omissions or inaccurate content on the website.

14. Kaytech shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Kaytech website regardless of the form of action.

15. Kaytech does not warrant that functions available on the Kaytech website will be uninterrupted or error free, that defects will be corrected, or that the Kaytech website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General

16. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

17. The failure or delay of Kaytech to exercise or enforce any right in these terms does not waive Kaytech’s right to enforce that right.

18. These terms shall be governed by and interpreted in accordance with the laws of South Africa which shall have exclusive jurisdiction over any disputes.

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