Terms of Service

Kas'lami Mobile Application

Last Updated: December 26, 2024
Important Notice: These Terms of Service constitute a legally binding agreement between you and Kas'lami. Please read these terms carefully before using our Service. By accessing or using our Service, you agree to be bound by these terms.

1. Definitions

"Service" means the Kas'lami mobile application and all related services, features, content, and applications offered by Kas'lami.
"User" means any individual who accesses or uses our Service.
"Service Provider" means businesses or individuals offering services through our platform.
"Content" means text, graphics, images, music, software, audio, video, works of authorship, and other materials.

2. Acceptance of Terms

By downloading, installing, accessing, or using the Kas'lami application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our Service.

These terms apply to all users of the Service, including but not limited to users who are browsers, customers, service providers, contributors of content, or other applications.

3. Eligibility

You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that:

4. Description of Service

Kas'lami is a platform that connects users with local service providers in South African townships and communities. Our Service facilitates:

5. User Accounts and Registration

5.1 Account Creation

To access certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

5.3 Account Termination

We may suspend or terminate your account at any time for violation of these terms or for any other reason we deem appropriate, with or without notice.

6. Acceptable Use Policy

6.1 Permitted Uses

You may use our Service only for lawful purposes and in accordance with these terms.

6.2 Prohibited Activities

You agree not to:

7. Service Provider Terms

7.1 Service Provider Responsibilities

Service providers using our platform must:

7.2 Service Quality

Service providers are solely responsible for the quality, safety, and legality of their services. Kas'lami does not guarantee the quality of services provided through the platform.

8. Payment Terms

8.1 Payment Processing

Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method.

8.2 Fees and Charges

We may charge service fees, which will be clearly disclosed before you complete any transaction. All fees are non-refundable unless otherwise stated.

8.3 Refunds

Refund requests are handled on a case-by-case basis. We reserve the right to determine refund eligibility at our sole discretion.

9. Intellectual Property Rights

9.1 Our Rights

The Service and all content, features, and functionality are owned by Kas'lami and are protected by copyright, trademark, and other intellectual property laws.

9.2 User Content

By submitting content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content in connection with our Service.

9.3 Copyright Infringement

We respect intellectual property rights. If you believe your copyright has been infringed, please contact us with details of the alleged infringement.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We explicitly disclaim all warranties, including but not limited to:

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAS'LAMI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or R1,000, whichever is less.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kas'lami, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

13. Third-Party Services and Links

Our Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third parties. You access third-party services at your own risk.

14. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your information.

15. Modifications to Terms

We reserve the right to modify these terms at any time. We will notify users of material changes by posting the updated terms on our website or through the app. Your continued use of the Service constitutes acceptance of the modified terms.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us or through the app settings.

16.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these terms.

16.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. All provisions that by their nature should survive termination shall survive.

17. Dispute Resolution

17.1 Governing Law

These terms are governed by the laws of South Africa, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes arising from these terms or your use of the Service shall be resolved in the courts of South Africa.

17.3 Mandatory Arbitration

For disputes involving amounts less than R50,000, you agree to resolve disputes through binding arbitration rather than in court, except where prohibited by law.

18. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. App Store Terms

20.1 Apple App Store

If you download our app from the Apple App Store, you acknowledge that these terms are between you and Kas'lami only, not Apple. Apple is not responsible for the Service or content thereof.

20.2 Google Play Store

If you download our app from Google Play, you acknowledge that these terms are between you and Kas'lami only, not Google. Google is not responsible for the Service or content thereof.

21. Contact Information

For questions about these terms, contact us at:

Email: legal@kaslami.app
Address: [Your Business Address]
Phone: [Your Contact Number]

22. Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Kas'lami regarding the use of our Service and supersede all prior agreements and understandings.

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