Competition Terms and Conditions

Last updated 18 October 2022

Introduction to Terms and Conditions
1. These terms and conditions (“Terms”) are the terms and conditions that apply to the platform incentivization offered to users on a monthly basis by Katakwe (Pty) Ltd. (reg: 2016/356889/07) (“Katakwe”), (the Incentive”), accessible by signing up with Katakwe as a Student or Service Provider by using https://app.katakwe.com/ ("Website") where these should be read with, and to include, all of the other rules or policies of Katakwe applicable from time to time. These Terms shall apply to any of Katakwe’s social media competitions for external users as well.
2. The terms "user", “you" and “your” are used interchangeably and refer to all persons accessing the platform to receive the Incentive (“Entrant”). Accordingly, the terms “us”, “our” or “we” used refers to Katakwe.
3. We may change these Terms, or our other applicable policies, at any time. You should check our Website regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable rules, please contact competitions@katakwe.com. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; where we are under no obligation to ensure that you have done so.
4. By fulfilling the requirements for the Incentive, detailed below, or by using the Website, you agree that you have read, understood, and agree to be legally bound by these Terms and any other applicable policy or rules of Katakwe related to the Incentive, where any infringement thereof by an Entrant constitutes a breach entitling Katakwe to terminate an Entrant’s participation in the Incentive and/or the use of the Website.
Eligibility for the Monthly Incentive
1. The following rules should be read and understood to identify eligibility requirements in relation to the Incentive, in addition to these Terms or Katakwe’s other policies.
2. All Entrants must be:
  1. 18 (eighteen) years of age or older when signing up on the Website and with full legal capacity in terms of South African law or a legal guardian and/or parent of any Entrant under the age of 18 (eighteen) years of age;
  2. citizens or permanent residents of the Republic of South Africa or, if not a citizen or permanent resident, your registration on the Website and your participation in the Incentive must not contravene any legislation applicable or relevant to you by virtue of your current country of residence; and
  3. registered on the Website to either provide services as a Service Provider, receive lessons as a Student, or a parent and/or guardian of the Student. (“Eligibility Requirements”)
3. It will be the sole decision of Katakwe as to whether any eligibility requirement has or has not been met and may require evidence or confirmation of certain information from Entrants before awarding prizes.
Entry and Participation
1. Introduction: all registered Users who meet the Eligibility Requirements shall automatically be eligible to participate in the Incentive upon completing the following requirements on the Website.
2. Entry Procedure: the entry procedure shall be split into two separate procedures for each user type:
3. Students or guardians/parents of the Students on the Website (“Student users”) will automatically be eligible to participate in the Incentive by signing up with the Website for lessons and/or by purchasing lesson units on the Website.
  1. Each time a Student or guardians/parents of the Students purchases lesson units on the Website, they may receive Website rewards which can later be redeemed by the Student or guardian/parents of the Student to either purchase more lessons or get cash back.
4. Service Providers will automatically be entered into the Incentive draw by signing up as a Service Provider on the Website and providing their services to the Website.
  1. Service Providers are further incentivised with the opportunity to win monthly prizes by completing lessons with registered Students and their ratings (both online and in-person) on the Website in a given month.
5. Automated or Manipulated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Incentive draw repeatedly or in a way which is not consistent with fairness and the regular functioning of the Incentive is prohibited.
6. Retrospective Effect: Where an Entrant or prizewinner has been found to be in breach of these Terms, we may enforce our right to disqualify that person and require the return or reimbursement to us of any prize, even where a prize has already been awarded and/or actually provided to the entrant or prizewinner in question.
7. Entry into the Incentive shall not be redeemable or transferable for cash or any other consideration, and may further not be sold, assigned, encumbered, alienated, or otherwise transferred to any third party for any reason whatsoever. Only the registered Entrant (i.e. the person who holds the identity number, or controls the mobile number and/or email address with which the entry into the Incentive was submitted) shall be eligible for participation in the Incentive.
Determination of Prize winners
1. All entries shall be submitted to a digital pool via the Website and the winner shall be chosen using automated software on the Website.
2. The decisions reached by the automated software shall be final, and no correspondence or discussion shall be entered into, or any feedback given, regarding the Incentive winners.
3. In respect of the Service Provider incentivization in the event of a tiebreaker between Service Providers who have provided the most lessons and received the highest ratings in any given month, Katakwe shall use an automated Platform to choose a winner at random.
Prizes
1. Prizes shall range from small to larger items chosen by Katakwe. The prizes chosen for the Incentive, in any given month will be described on Katakwe’s social media platforms and may be listed on the Website.
2. Students users who purchase lesson units each month on the Website will receive rewards which can be redeemed on the Website to purchase more lessons or get cash back.
3. Service Providers who complete the most lessons monthly (both online and in-person) will stand a chance to win larger tech items.
4. Prizes will only be delivered to an address within South Africa. Should a prizewinner’s contact details change from what is captured upon entry, it is their responsibility to notify us.
5. We reserve the right to request, we deem necessary, proof of a prizewinner’s identity in the form of an identity document or driver’s license and proof of address in the form of a utility bill or similar. In the event that a prizewinner cannot provide us with such information, we may withdraw the prize and select another prizewinner. This is done for authentication and security reasons.
6. All prizes are subject to availability, non-transferable and non-exchangeable. No cash or replacement product will be awarded in lieu of that prize or part of it.
7. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise.
8. Unclaimed Prizes
  1. All prizes must be claimed within 30 (thirty) calendar days of our notification of winning unless otherwise stated.
  2. We reserve the right to award prizes unclaimed after this period, following 2 (two) unsuccessful attempts at contacting the prize-winner, to alternative prize winners or not to award them at all.
Publicity and Personal Information
1. Katakwe collects personal information (“PI”) in order to conduct the Incentive and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI and you specifically consent to this and understand that our use of your PI is for our legitimate business purposes. Katakwe warrants that it shall process all PI in accordance with its Privacy Policy.
2. In addition to any use that may be outlined in Katakwe’s Privacy Policy, Katakwe may, unless otherwise advised by you, use the PI for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages via SMS or email or telephoning an Entrant. Katakwe’s Privacy Policy also contains information about how Entrants may opt-out, access, update, or correct their PI, how Entrants may complain about a breach of their PI or any other applicable law, and how those complaints will be dealt with. Katakwe will not disclose the Entrant’s PI to any entity outside of South Africa unless the appropriate protections are in place in accordance with the Katakwe’s Privacy Policy.
Receipt and Transmission of Data Messages
1. Data messages, including e-mail messages, sent by you to Katakwe will be considered to be received only when acknowledged or responded to.
2. Data messages sent by Katakwe 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. Katakwe 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. Whilst all reasonable care is always used by Katakwe, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. Katakwe is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Katakwe to a user or from a user to Katakwe.
Tampering and other matters
If for any reason any Incentive is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, irregular or unfair entry schemes, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Incentive, we reserve the right to cancel, terminate, modify or suspend the Incentive and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
Termination of Incentive and User’s access to Website
1. Katakwe may vary the terms of, or terminate, the Incentive at any time at its absolute discretion without liability to the Entrant or other person, to the full extent permitted by applicable legislation. Katakwe will not award any prizes if the Incentive is terminated.
2. Katakwe reserves the right to terminate and cancel your account and use of the Website or involvement in the Incentive if you breach any of these Terms or other applicable rules or policies of Katakwe, or for any other reason provided that Katakwe gives reasonable notice to you with written reasons for the cancellation.
Decisions final
1. All decisions relating to the Incentive and/or redemption of the prizes are final. No discussions or correspondence with Entrants or any other person relating to Katakwe’s decisions will be entertained.
2. Tiebreakers, disputes, conflicts, questions, or concerns will be managed by us and, if required by law, by an independent adjudicator.
3. Winners are chosen and verified using automated software on the Website.
Exclusion of Liability and Provision of Indemnities
1. The Incentive, including any intellectual property related thereto, is provided "as is" and "as available". Katakwe makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of the Incentive.
2. All information or opinions of Student users, Service Providers or third parties made available on the Website in relation to the Incentives or otherwise, are those of the authors and not Katakwe. While Katakwe makes every reasonable effort to present such information accurately and reliably on the Website, it does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
3. Katakwe and its respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfilment agencies, and legal advisors (the “Released Entities”), shall not be liable for any loss or damage arising from or relating to: (i) telephone, electronic, hardware or software program, network, internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (ii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; and (iii) any condition caused by events beyond the control of Katakwe.
4. Katakwe, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available in relation to participation in the Incentive.
5. atakwe, its shareholders, 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 drawing and awarding of prizes, participation, or entering in the Incentive, in any manner.
6. The Entrant indemnifies and holds harmless Katakwe, its shareholders, employees, and partners from any demand, action 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 Entrant’s participation in any Incentive in any way.
7. The Entrant agrees to indemnify, defend, and hold Katakwe harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the Entrant’s breach of these Terms or any of Katakwe’s other applicable rules or policies.
Dispute Resolution
1. Should any dispute, disagreement or claim arise between a Student user, Service Provider and Katakwe concerning any matter relating to the Incentive, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. 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, it shall be resolved with the assistance of any applicable regulator, or finally, in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator appointed by AFSA.
2. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a claim against the infringing party.
General
1. For the purposes of formal service of any notices or documents to Katakwe, same may be sent to legal@katakwe.com whereas the service address for any user is deemed to be the information as submitted by you when registering on the Website.
2. No indulgence, leniency or extension of time granted by Katakwe shall constitute a waiver of any of Katakwe’s rights under these Terms and, accordingly, Katakwe 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. 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.
4. The user’s entering or participation in the Incentive shall be governed by and construed in accordance with the laws of South Africa only.
5. Should you have any complaints or queries, kindly address an e-mail to competitions@katakwe.com advising Katakwe of same.