Terms and Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITES AND SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITES AND SERVICES IN ANY MANNER.
The following rules and restrictions govern your use of our website(s), products, services and applications (the “Services” or "Sites and Services"). If you have any questions, comments, or concerns regarding these terms or the Sites and Services, please contact us at [email protected]
Note that Kultee operates and abide by South African law and regulations.
Will these Terms ever change?
We are constantly trying to improve our Sites and Services, so these Terms will change along with the Sites and Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by updating the terms on the Kultee website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them, however it means you will no longer be able to use the Sites and Services. If you use the Sites and Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Do these terms cover privacy?
We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Sites and Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as soon as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
What are the basics of using Kultee?
You may be required to sign up for an account, and select a password and username, or sign in with a third party authentication service. You agree to provide us with accurate, complete, and up-to-date registration information about yourself. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are able to form a binding contract, or if not, you’ve received your parent’s or guardian’s permission to use the Sites and Services and gotten your parent or guardian to agree to these Terms on your behalf.
If your use of the Sites and Services is prohibited by applicable laws, then you aren’t authorized to use the Sites and Services. We can’t and won’t be responsible for your using the Sites and Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Sites and Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Sites and Services or interact with the Sites and Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Kultee); (b) Violates any law or regulation, including any applicable export control laws; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) Jeopardizes the security of your Kultee account or anyone else’s (such as allowing someone else to log in to the Sites and Services as you); (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) Violates the security of any computer network, or cracks any passwords or security encryption codes; (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Sites and Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Sites and Services’ infrastructure); (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Sites and Services or Content (through use of manual or automated means); (i) Copies or stores any significant portion of the Content; (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Sites and Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Sites and Services.
Kultee is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Sites and Services and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Kultee to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Sites and Services), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Kultee, in whole or in part, on notice to you. Kultee shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
What are my rights in Kultee?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Sites and Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Kultee’s) rights.
You understand that Kultee owns the Sites and Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Sites and Services.
The Sites and Services may allow you to copy or download certain Content; please remember that just because this functionality exists, all the restrictions above still apply.
Do I have to grant any licenses to Kultee or to other users?
For all User Submissions, you hereby grant Kultee a license to translate, modify and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Sites and Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Kultee Sites and Services account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Kultee the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Sites and Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Kultee the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Sites and Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Sites and Services.
If you share a User Submission publicly on the Sites and Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Sites and Services] (each of the foregoing, a “Public User Submission”), then you grant Kultee the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Kultee users and providing the Sites and Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Kultee’s business for any purpose, provided that Kultee will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Sites and Services. Also, you grant all other users of the Sites and Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Sites and Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Kultee account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available)] to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Kultee’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Kultee, in performing the required technical steps to provide the Sites and Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, or other adaptions, and the foregoing licenses include the rights to do so.
What if I see something on the Sites and Services that infringes my copyright?
We respect intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. If you want use to investigate a copyright violation, please contact us at [email protected]
Please include the following in your written notice:
- * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- * Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Who is responsible for what I see and do on the Sites and Services?
Any information or content publicly posted or privately transmitted through the Sites and Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Sites and Services. We can’t guarantee the identity of any users with whom you interact in using the Sites and Services and are not responsible for which users gain access to the Sites and Services.
You are responsible for all Content you contribute, in any manner, to the Sites and Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Sites and Services.
Kultee has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Sites and Services. In addition, Kultee will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Sites and Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Sites and Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kultee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Kultee is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Kultee, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Will Kultee ever change the Sites and Services?
We’re always trying to improve the Sites and Services, so they may change over time. We may suspend or discontinue any part of the Sites and Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Sites and Services. We’ll try to give you notice when we make a material change to the Sites and Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Sites and Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using the Sites and Services of Kultee?
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Kultee.
Provisions that, by their nature, should survive termination of these Terms. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What are Kultee's Terms of Sale?
What else do I need to know?
Neither Kultee nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Sites and Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Sites and Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Sites and Services are provided “AS IS” and without any warranty of any kind from Kultee or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SITES AND SERVICES AND CONTENT ARE PROVIDED BY KULTEE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE Sites and SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the SITES AND SERVICES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL KULTEE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. You are encouraged to contact us to report any possible malfunctions or errors by contacting us at [email protected].
Also note, any views or statements made or expressed on the Sites and Services are not necessarily the views of Kultee, its directors, employees and/or agents.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Kultee, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Sites and Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). YOU HEREBY INDEMNIFY KULTEE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE SITES AND SERVICES AND/OR ANY LINKED THIRD PARTY WEBSITE.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Kultee also makes no warranty or representation, whether express or implied, that the information or files available on the Sites and Services are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your device or software, save where such risks arise due to the gross negligence or wilful misconduct of Kultee, its employees, agents or authorised representatives. Kultee thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Sites and Services.
You may not cede, assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kultee’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Sites and Services will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and Kultee, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Sites and Services, provided that Kultee may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Kultee agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Kultee, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Kultee, and you do not have any authority of any kind to bind Kultee in any respect whatsoever. You and Kultee agree there are no third party beneficiaries intended under these Terms.