Privacy Policy

Who we are

We are a digital platform that connects Small businesses to opportunities around them, we have also built-in digital business tools that help our users to send professional quotes and invoices. Kuba aims to create a better society through building sustainable small businesses

Our website address is https://kuba.co.za

KUBA TECHNOLOGIES TERMS AND CONDITIONS OF USE AND SERVICE

By accessing or using https://kuba.co.za or https://app.kuba.services or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Kuba Technologies (Pty) Ltd. (reg: 2015/129145/07) (“Kuba”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Kuba. 

Please see Kuba’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please pay specific attention to the BOLD paragraphs of the Kuba Terms. These paragraphs limit the risk or liability of Kuba, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Kuba or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Website and/or Services. Kuba will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.

It is important to note the following:

• The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Kuba Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Kuba or its possession.
• Not all terms are necessarily defined in order.
• These terms were last updated on 2 January 2024.

1. 1. INTRODUCTION TO THE WEBSITE AND SERVICES
      1. Kuba provides an online software platform which, amongst other services, allows users to register and advertise as an independent contractor and service providers to Kuba (“Vendor”) and provide their independent services (“Vendor Services”) to other users who register as client service users or simply request for services without registering (“Client User/s”). The Client can make use of the Vendor’s Services via a private transaction between them, facilitated by Kuba and the Website. Apart from the provision of this Website and its associated tools, Kuba may also provide add-on services to all users such as the provision of a service agreement to be used between the Vendor and Client User, collection and delivery of Vendor Services cash fees between parties, Vendor rating systems, Vendor Service checklists or others (collectively, the “Kuba Services”).
      2. Depending on the exact Kuba Services used on the Website, users may need to pay a fee to Kuba, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
      3. These Terms explain the conditions applicable to all users, Vendors and Client Users using the Website and/or the Kuba Services. Registered Vendors will also need to complete the Vendor Agreement when making their Vendor Services available on the Website.
      4. In order to use many of the Kuba Services and/or become a Vendor or Client User, users must register on the Website using the prompted methods, and submit any required information to create a “Profile”.
      5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Kuba uploading the amended Terms to the Website. Your continued access or use of the Website and/or Kuba Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
      6. Supplemental terms may apply to certain Kuba Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Kuba Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Kuba Services.
      7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
   2. RELATIONSHIP BETWEEN THE PARTIES FOR VARIOUS SERVICES

• When Kuba only facilitates the Vendor Services between the Vendor and Client User:

• KUBA PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT OR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE KUBA SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH KUBA HOLDS NO RESPONSIBILITY.

1. 1. 1. 1. All Vendors registered with the Website will need to additionally complete a Vendor Agreement with Kuba, making the Vendor strictly an independent contractor of Kuba.
         2. The Website acts solely as an online directory, online tool provider and information service intended to facilitate the matching of users in order for them to privately form a professional, service or employment relationship. As such, Kuba does not have an employment, agent nor broker relationship with any Vendor or Client. Your use of the Website or the Kuba Services, as well of any Vendor Services, is entirely at your own risk.
         3. If a Vendor is engaged by a Client in a formal relationship subsequent to their use of the Website and Kuba Services, these parties do so entirely at their own risk and via private arrangement, where Kuba is in no way connected at all. 
         4. Although Kuba carefully curates Vendor and/or Client Profiles prior to being placed on the Website, Kuba is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.

• Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by Vendors and/or users via the Website. Kuba does not in any way verify nor confirm the adherence by same Vendors and/or users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the Vendor Services or information from any such regulated user.

When Kuba provides general add-on services of its own for discretionary use:

1. 1. 1. 1. Kuba may provide general information or value-added services to all users of the Services and/or Vendor Services, which are not intended nor created for use by any specific user but for users who use their own discretion in using the same add-on services. These add-on services could include the provision of a service agreement to be used between the Vendor and Client User, collection and delivery of Vendor Services cash fees between parties, Vendor rating systems, Vendor Service checklists or others.

• PLEASE NOTE THAT KUBA’S PROVISION OF THESE ADD-ON SERVICES NEVER CONSTITUTES A REGULATED FINANCIAL, ADVISORY, REPRESENTATIVE, NOR AGENCY SERVICE UNDER SOUTH AFRICAN LAW, AND IS ACCORDINGLY NOT REGULATED BY ANY ASSOCIATED LAW OR AUTHORITY. AS SUCH, YOU HAVE NO RECOURSE TO ANY OMBUD OR REGULATOR, OTHER THAN THOSE PROVIDED FOR UNDER GENERAL CONSUMER PROTECTION LAWS IN SOUTH AFRICA. ALL USERS USE THEIR OWN VOLITION, EXPERTISE AND DISCRETION IN DECIDING WHETHER TO USE THESE ADDITIONAL ADD-ON SERVICES OR NOT.

• Should the Client choose to use Kuba’s add-on services, the Client agrees that Kuba is not an expert in these fields and cannot be held liable for information or products provided. Kuba add-on services are only made available to assist Clients and Vendors to grow their businesses, but cannot be used as final products. Kuba advises the Clients and Vendors to seek professional advice before using any Kuba add-on services.

1. 2. USER REGISTRATION PROCESS 
      1. In order to become a user of the Kuba Services, and register as a Vendor or Client, on the Website and make use of the Kuba Services or Vendor Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
      2. Kuba requires you to submit your full names and contact details including but not limited to, e-mail address and phone number when registering a Profile. Vendors may then setup additional features of their Profile, including adding their Vendor Service offerings, B-BBEE status, their Vendor Fees, fields of expertise, or other career or skills information, which setup may require further information to be submitted, as prompted by the Website.
      3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by a user name and password challenge in order to grant access to your Profile and data. To view or change your personal information provided, log into the system and enter the user profile area. Here you can edit your personal details. 
      4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone. 
      5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Kuba using this information to facilitate a connection between you and another user.
      6. Please see Kuba’s Privacy Policy regarding more details on how Kuba uses and processes your personal information.

• THE KUBA SERVICES AND VENDOR SERVICES – PROFILES AND FEES

1. 1. 1. Users must register a Profile using the relevant tools on the Website, to access the Kuba Services. 
      2. Once registered, the user is allocated a unique Profile and associated user ID which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
      3. In addition to registering a Profile on the Website, Vendors must successfully complete the Vendor Agreement with Kuba, prior to having their Profile made available on the Website. Mere application as a Vendor with Kuba does not guarantee that the Vendor will indeed have their Vendor Services made available on the Website. Same will be contingent on various factors, including the successful completion of the Vendor Agreement.

• Fees owed between users for Vendor Services used:

1. 1. 1. 1. As part of the Kuba Services, Vendors can advertise and make their own private Vendor Services available to other users, where, unless agreed to otherwise, Clients will need to pay a fee to the Vendor in consideration for the use of the Vendor Services (“Vendor Fee/s”).
         2. A Vendor Fee for Vendor Services rendered by a Vendor to a Client is distinct from any fee owed to Kuba for the provision of the Kuba Services.

• All Vendor Fees are paid between users via Kuba’s authorised payment gateway, where Kuba is only operating as a limited payment collection agent for the users. Notwithstanding this facilitation by Kuba, any payment of a Vendor Fee made between the Vendor and Client via the Website is to be considered a direct payment between them. Kuba is in no way involved in the private transaction between these users, and as such, the provider of the Vendor Services is considered the seller of the Vendor Services, and the Client is considered the buyer, which parties have their own legal obligations as per their specific role in their private transaction.

1. 1. 1. 1. Kuba Facilitation Fees are non-refundable, but the Client and the Vendor can reach an agreement for a refund of any Vendor Fee depending on the reason and agreement reached between the two parties. Kuba does not facilitate this negotiation and a further Kuba Facilitation Fee will be charged if the Kuba payment gateway is used for a refund of a Vendor Fee or any part thereof.

• Fees owed to Kuba:

1. 1. 1. Many of the Kuba Services are free to use on the Website, but the use of some of the Kuba Services requires the payment of a fee to Kuba as consideration for providing its platform and/or the Kuba Services.

Kuba Facilitation Fee:

1. 1. 1. 1. When a Vendor and Client transact with each other via the Website, the Vendor and/or Client must pay a fee to Kuba when a Client uses Kuba to be connected to that Vendor Service (“Kuba Facilitation Fee”). The following details the Kuba Facilitation Fee payable by Vendor and/or Client, and the various considerations which might affect the Kuba Facilitation Fee amount to be paid:
            1. Clients who create a job on the Website to access Vendor Services, could be charged a platform fee by Kuba of up to 10% (ten percent) of the Vendor Fee invoiced, for facilitating the connection.
            2. The Vendor will also be charged a platform fee of up to 10% (ten percent) of the Vendor Fee invoice that they submit to the Client.
               1. 1. The Vendor Fee only apply where the Client has used Kuba to find a Vendor Service. Should the Vendor invoice a Client through Kuba but that Client did not use Kuba to find a Vendor, the Vendor will then only be charged a Transaction fee which will be communicated when the Vendor signs up for Kuba payment gateway also known as the Kuba Wallet. The Kuba wallet fees for the Clients and Vendors will be communicated when they sign up for the service.
            3. Kuba offers Clients a subscription option to use Kuba to access Vendors, if the Client has not subscribed to Kuba, the Client could also be reliable to Kuba fee not exceeding 10% of the value of the invoice from the Vendor service
            4. Kuba’s Facilitation Fee excludes any applicable transaction fee charged by Kuba’s payment gateway, but such additional transaction fee will be detailed to you on every invoice provided to you. For clarity, users should expect to pay an amount of upto 3% of the invoice value for the same transaction fees.
      2. Kuba will invoice the relevant user every time such a Kuba Facilitation Fee is charged by Kuba, where the same invoice will be sent to that relevant user’s provided email address as detailed in their Profile. 
      3. For further information on the current Kuba Services available generally or applicable to you, please contact info@kuba.co.za who will gladly assist.
      4. To terminate your use of the Kuba Services or the Website, please see clause 15 below.
      5. Kuba may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Kuba Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Kuba Services or the fees applied to you. 
      6. All amounts stated may attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Kuba.
      7. All payments of any fee or otherwise to Kuba or between users are processed through our authorized third-party payment gateway provider, 
         1. Kuba is committed to providing secure online payment facilities via third parties. All transactions, as processed, are encrypted using secure socket layer technology (SSL) and stored with encryption. 
         2. When using the payment gateway on the Website, the following is noted:
            1. The Website uses and stores payment information with the relevant third party payment partner. As an offsite third-party payment gateway to keep your payment details secure. 
            2. Once the Kuba wallet is live, every Kuba user will have access to a Kuba Wallet. Kuba Wallet is our Payment Gateway, the User using this functionality are bound to the Third Party Service provider terms and conditions and cannot held Kuba liable for any problems that they might experience while using or registered on the Kuba Wallet
      8. Kuba reserves the right to establish, remove and/or revise any fees for any or all services obtained through the use of the Kuba Facilitation Services or Kuba Direct Services at any time in Kuba’s sole discretion. Kuba will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees properly incurred under your Profile.
      9. You may contact Kuba via email at info@kuba.co.za to obtain a full record of your statement with Kuba. 
      10. Before cancelling or deleting your Account, all users will be liable to settle any outstanding fees with Kuba and/or Vendors.
   2. USER RESPONSIBILITIES AND WARRANTIES
      1. By using the Website and/or the Kuba Services, you warrant that:
         1. you have read and agreed to these Terms and will use the Website in accordance with them;
         2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;

• your use of the Kuba Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as providing advice which could constitute regulated “financial advice” under your country’s laws to which you are subject), and indemnify Kuba from any liability accrued by virtue of your use of the Website and/or Kuba Services and/or actions perpetrated thereon;

1. 1. 1. 1. you will timeously pay any due fees to either or both Kuba and/or the Vendor when required to do so under these Terms;
         2. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Kuba Services;
         3. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Kuba’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
         4. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
         5. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Kuba is not liable at all for such payment of any such tax, duty or VAT on your behalf;
         6. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
         7. you will not use the Website platform for any commercial purpose other than as expressly provided for by Kuba and the Terms;
         8. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
         9. you will not facilitate or assist any third party to do any of the above.
      2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees. 

• Without prejudice to any of Kuba’s other rights (whether at law or otherwise), Kuba reserves the right to deny you access to the Website or the Kuba Services where Kuba believes (in its reasonable discretion) that you are in breach of any of these Terms.

1. 1. 1. Kuba does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
   2. RECEIPT AND TRANSMISSION OF DATA MESSAGES
      1. Data messages, including e-mail messages, sent by you to Kuba will be considered to be received only when acknowledged or responded to.
      2. Data messages sent by Kuba to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
      3. Kuba reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
      4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Kuba is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Kuba and a user, or between users.
   3. HYPERLINKS, DEEP LINKS, FRAMING
      1. The Website may include links to other internet sites (“the other sites”). Kuba does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
      2. Kuba does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to Info@kuba.co.za] to request the removal of such content.
      3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.  
   4. ADVERTISING AND SPONSORSHIP
      1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
      2. Kuba, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

• INTELLECTUAL PROPERTY PROTECTION 

1. 1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Kuba in use of the Kuba Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Kuba, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. 
   2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Kuba first being granted, which consent may be refused at the discretion of Kuba. No modification of any intellectual property or editorial content or graphics is permitted.  
   3. Kuba reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be. 
   4. Where any of the Website intellectual property has been licensed to Kuba or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Kuba Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
   5. Subject to adherence to the Terms, Kuba grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Kuba. 
   6. Any enquiries regarding any of the above relating to intellectual property must be directed to Kuba at info@kuba.co.za
2. PRIVACY AND PERSONAL INFORMATION POLICY
   1. Kuba adheres to the highest standards of protecting your personal information when using the Website or conducting a transaction. As such, we have created these specific and detailed Privacy Policy terms for you to read and appreciate exactly how we safeguard your personal information and respect your privacy, to the highest standards. For more information regarding your personal information lawfully stored or used by the Website or Kuba, please contact [info@kuba.co.za] who will gladly assist.

Personal information collected from you:

1. 1. Should you decide to register with or function as a user on the Website and/or use any Kuba Services, you hereby expressly consent to, and opt-in to Kuba collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
      1. Information provided by the user. Kuba collects personal information – that is information about the user that is personally identifiable like the user’s name, address, age, gender, email address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/payment gateway account information, service preferences and contact preferences that are not otherwise publicly available; and
      2. Information that is collected automatically. Kuba receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 10.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website. 
   2. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Kuba is however under no obligation to ensure that your personal information or other information supplied by you is correct.
   3. You warrant that the personal information disclosed to Kuba is directly from you as the user on the Website or in connection to the services, and all such personal information is lawfully yours to provide.
   4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

How we use your personal information:

1. 1. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or the Kuba Services, and you have consented to this, but we will not, without your express additional consent:
      1. use your personal information for any purpose other than as set out below:
         1. in relation to the provision to you of the Kuba Services and/or access to the Website;
         2. to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
         3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and
         4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
      2. disclose your personal information to any third party other than as set out below:
         1. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Kuba Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
         2. to other users who are using the Kuba Services and who need your information in order to use the Kuba Services or Vendor Services themselves
         3. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
         4. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
         5. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
   2. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Kuba is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

How we process your personal information:

1. 1. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Kuba’s in relation to your personal information.
   2. We will:
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with reasonable access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
      6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Kuba Service functionality might be lost if certain personal information is amended or destroyed).
   3. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with Kuba. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
   4. Kuba undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
   5. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
   6. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Kuba, Kuba shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party, including another user. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Cookies provision:

1. 1. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms and the Website’s other policies.

Your rights in relation to your personal information processed by us:

1. 1. 1. The user is entitled to request access to any relevant personal data held by Kuba and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with Kuba.

• Users with citizenships from jurisdictions other than of South Africa, please note that Kuba complies with all South African data protection laws when processing your personal information pursuant to the Kuba Services, namely the Protection of Personal Information Act, 2013. Should foreign law be applicable in any regard to your use of the Kuba Services and/or the Website in any way, including how we may process your personal information, please contact Kuba at info@kuba.co.za to gladly engage you on its application and your rights.

1. 1. 1. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not Kuba. 
      2. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
      3. By accepting these Terms, you have opted in to receive emails from Kuba, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
      4. Kuba agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
      5. You have the right to opt-out of receiving email or marketing communications by following the directions posted on every email communication or by [insert other methods, if any].
      6. Kuba may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
      7. Kuba reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Kuba will notify you beforehand.
      8. Circumstances may arise where, whether for strategic or other business reasons, Kuba decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Kuba’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.
      9. Kuba strives to keep the user’s personal information accurately recorded. Kuba provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact info@kuba.co.za to engage Kuba on such actions or requests.
      10. We also collect, use and share aggregated data or de-identified data such as statistical or demographic data for any purpose. Such de-identified or aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
      11. The user is entitled to request access to any relevant personal data held by Kuba and where such access is necessary for you to exercise and/or protect any of the user’s rights.  
      12. Users may request Kuba to review the personal information which it holds and may request for Kuba to delete such information. The deletion of any information may result in certain Website services being unavailable.

• DISCLAIMERS AND WARRANTIES

1. 1. 1. The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Kuba makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
      2. All information or opinions of users made available on the Website in relation to any of the Kuba Services or Vendor Services are those of the authors and not Kuba. While Kuba makes every reasonable effort to present such information accurately and reliably on the Website, Kuba does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.

• Kuba, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.

• Kuba, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Kuba Services, and access to, or use of, the Website in any manner.

1. 1. 1. Users from locations outside of South Africa, please note that Kuba complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Kuba from any liability it may acquire by virtue of its supply of the Website and/or Kuba Services. 
      2. Kuba takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Kuba does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
   2. INDEMNITIES

• The user indemnifies and holds harmless Kuba, members, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or services offered or concluded through the Website in any way.

• The user agrees to indemnify, defend and hold Kuba harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Kuba Services or Vendor Services and for breach of these Terms.

• This clause will survive termination of this agreement.

• COMPANY INFORMATION

• Site/Domain owner: Kuba Technologies (PTY) LTD.

• Company type: Private limited liability profit company

• Registration Number: 2015/129145/07

• Director: Jacques Sibomana

1. 1. Description of main business: Online platform marketplace; direct 

provider of services to consumers

• Telephone number: +27735498924

• E-mail address: info@kuba.co.za

• Website address: https://kuba.co.za and https://kuba.co.za

1. 1. Physical address: 64-68 Albert Road, WEX Block B Level 5,    Woodstock, Cape Town

1. 1. Postal address: 64-68 Albert Road, WEX Block B Level 5,    Woodstock, Cape Town

1. 1. Registered address: 64-68 Albert Road, WEX Block B Level 5,    Woodstock, Cape Town
2. DISPUTE RESOLUTION AND GOVERNING LAW
   1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only. 

Disputes between users and Kuba:

1. 1. Should any dispute, disagreement or claim arise between a user and Kuba concerning use of the Website or the Kuba Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
   2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
   3. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng North Division, Pretoria, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
   4. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

Disputes between users:

1. 1. 1. Should a dispute arise between users and their private transaction relating to the Vendor Services, said dispute is between those users exclusively, where Kuba is not responsible for fulfilling any function in any way or in any role.
      2. The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
      3. Notwithstanding the above, the parties in a private dispute must inform Kuba of the dispute in order for Kuba to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.

•  TERMINATION OF USE OF WEBSITE OR SERVICES

• IN ADDITION TO THE RIGHTS ABOVE, KUBA RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE KUBA SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT KUBA GIVES REASONABLE NOTICE TO YOU.

1. 1. If you wish to terminate the agreement with Kuba, or end your use of the Kuba Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website. 
   2. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Kuba Services shall survive the termination of these Terms for all purposes, including the payment of any fee which was due and payable before termination.
   3. In the event of cancellation of your agreement with the Terms and with Kuba, Kuba will remove you from the Website and delete your Profile.
2. NOTICES AND SERVICE ADDRESS
   1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
      1. in the case of Kuba, at info@kuba.co.za or
      2. in the case of the user, at the e-mail and addresses provided by the user to Kuba in the registration process.
   2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
3. GENERAL
   1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
   2. No indulgence, leniency or extension of time granted by Kuba shall constitute a waiver of any of Kuba’s rights under these Terms and, accordingly, Kuba shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
   3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
   4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  
   5. The user’s access and/or use of the Website and/or the Kuba Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
   6. Should you have any complaints or queries, kindly address an e-mail to info@kuba.co.za advising Kuba of same. 
   7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Kuba in relation to the payment failure or breach and the rectification of same.
   8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
   9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“).  

, please review submit your questions, or write to us at info@Kuba.co.za, Attn: Legal,

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