Terms and Conditions | Katakwe, Inc.

Terms and Conditions of Platform Use and Services

By accessing or using Katakwe or any of its related blogs or Platforms (collectively, “the Platform”), owned by Katakwe (Pty) Ltd (reg: 2016/356889/07) (“Katakwe”), a private limited liability company registered and operating in accordance with the laws of the Republic 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 Platform remain at all times expressly reserved by Katakwe.

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

Please read these terms carefully before accessing or using the Platform and/or Services. Katakwe will assume that you have read and understood these terms, should you continue to access or make use of the Platform 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 Platform or Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Katakwe or its possession.
These terms were last updated on 18 October 2022.

INTRODUCTION TO THE PLATFORM AND SERVICES
1. Katakwe provides an online platform that, amongst other services (“Platform Services”), operates as an online educational marketplace allowing independent and qualified service providers (“Service Providers”) to facilitate educational lessons to students both online and/or in-person (“Service Provider Services”). The independent users (“Students”) may use the ”). The independent users (“Students”) may use the Platform to facilitate an online and/or in-person lesson with a Service Provider. The Platform shall calculate a match for the Student that best suits their needs and thereafter, shall send all applicable offers to the Student for them to accept. Such lesson and/or engagements formed between the Student and the Service Provider are entirely the private transaction between those relevant users and has nothing further to do with Katakwe.
2. The first Service Provider who accepts the package submitted by the Student shall be assigned to the lesson.
3. In order for a Student to access their lessons online or meet with the Service Provider for an in-person lesson, a Student and/or their parent and/or guardian must purchase units on the Platform. the cost of the units shall be determined as per these Terms and information provided on the Platform.
4. All transactions shall be facilitated by Katakwe and all units shall be managed and logged on the Platform.
5. These Terms explain the conditions applicable to all users, including Service Providers and Students, using the Platform and/or the Platform Services.
6. To use many of the Platform Services and/or become a Service Provider or Student, users must register on the Platform using the prompted methods and submit any required information to create a “Profile” – more information about this below.
7. The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Katakwe uploading the amended Terms to the Platform. Your continued access to or use of the Platform and/or 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.
8. Supplemental terms may apply to certain Platform Services (such as policies) and such supplemental terms will be disclosed to you in connection with the applicable Platform Services. Supplemental terms are in addition to and shall be deemed incorporated into the Terms for the purpose of the Platform Services.
9. Unauthorised use of the Platform 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.
RELATIONSHIP BETWEEN THE PARTIES
1. KATAKWE PROVIDES ONLINE SERVICES AND IS NOT AN AGENT, INTERMEDIARY OR PARTNER OR OTHER ADVISER TO ANY USER. ALL TOOLS PROVIDED ON THE PLATFORM OR AS PART OF THE PLATFORM SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE PLATFORM IS BETWEEN THEM PRIVATELY, AND FOR WHICH KATAKWE HOLDS NO RESPONSIBILITY.
2. All users understand and expressly agree that a Service Provider, is at all times, an independent Service Provider, and is not an employee, partner, or agent of Katakwe in any regard. As such, all Service Provider Service-related issues are exclusively the liability of the Service Provider, and not of Katakwe. Katakwe may assist the users in engaging, via the Platform, but the Service Provider is always responsible and liable for any and all of their Service Provider Services offered.
3. While the Service Provider is responsible and liable for any and all of their Services offered, Katakwe shall do their best to ensure that quality Services are rendered to Students. Katakwe shall facilitate the package request and matching process to ensure that Students and/or parents/guardians are happy with the Services rendered by the Service Provider. Should a Student and/or parent/guardian of a Student be unhappy and/or dissatisfied with the Services rendered by the Service Provider, Katakwe shall assign a new Service Provider to the Student.
4. If a Service Provider is engaged by a Student or a parent/guardian of the Student, in a formal relationship during/subsequent to their use of the Platform and/or Services, these parties do so entirely at their own risk and via private arrangementKatakwe is not responsible for the authenticity, quality, or standard of any information advertised or displayed on any Profile displayed on the Platform.
PROFILE REGISTRATION PROCESS
1. In order to become a user of the Platform Services and register as a Student or a parent/guardian of a Student, or a Service Provider on the Platform, you must complete the necessary registration process detailed on the Platform 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. Katakwe requires Student to submit their full name and surname, email address, , and chosen password when registering a Profile.
3. Katakwe requires Service Providers to submit the following information on the Platform to become a Service Provider on the Platform:
  1. full name and surname, email address and chosen password;
  2. payout details on the Platform in order for Katakwe to pay them for their Services;
  3. country and province in which the Service Provider physically resides; and
  4. student type selection on the Platform.
4. Katakwe uses an independent third-party payment provider to facilitate payment information and Stripe Payment shall request further information and/or documentation to verify such payment information. More on this below.
5. To protect your privacy and security, the Platform takes reasonable steps to verify your identity by requesting your Profile username and password to grant access to your Profile and data. To view or change your personal information provided, you can follow the prompts on the Platform within your Profile.
6. Katakwe shall verify the identity of the Service Provider via Stripe, our third-party authorised payment services provider. In addition to the use of Stripe, Katakwe will manually vet all Service Providers’ profile information, including but not limited to information regarding the Service Providers’ qualifications and their ability to teach certain subjects as listed on their profile.
7. By entering your personal information on the Platform, you warrant that the person using the Platform is you and/or you have the legal authority to use the Platform. 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.
8. By submitting your personal information to the Platform for its use in a Profile or otherwise, you consent to Katakwe processing this information in accordance with its Privacy Policy.
9. Users must be of consenting age or the age of majority in their country of residence and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of majority or consent, your parent/guardian warrants that they take all liability for your use of the Platform/Services and/or Service Provider Services and warrant that they expressly agree and understand that Katakwe will process your personal information and that they will supervise all use of the Platform/Services and/or Service Provider Services by you as well as be liable for any and all Fee payments incurred by you on the Platform.
SERVICES
1. The Platform and Katakwe provide various online and in-person education lessons and services and that cover a range of educational subjects, which amongst others, include additional tutoring, lessons to assist with the teaching of various musical instruments and sports coaching.
  1. Students must request a package on the Platform by filling in their educational requirements and committed number of units on the Platform. The Platform will then match the Student with the applicable Service Provider available. The first Service Provider to accept the package requested by the Student will be assigned to the package via the Platform. Once a Service Provider has accepted the package, the Platform shall arrange the lesson between the Student and Service Provider.
  2. Students must ensure that there are sufficient units available on their Profile before they submit a request on the Platform.
  3. Students may receive rewards on the Platform where they refer other Students to the Platform and Platform Services.
  4. Students who have registered with Katakwe on the Platform will receive transactional and/or promotional emails from Katakwe. Students are required to opt-in on the Platform to receive Platform communications via WhatsApp, promotional emails of various Platform Services, transactional SMSs and/or promotional SMSs. Students will always be able to opt-out of the above Platform communications, except for transactional emails.
  5. Service Providers can register on the Platform to have their profile listed on the Platform. Service Providers shall be assigned to Students based on their Service offerings and the request submitted by the Student. Katakwe shall facilitate the lessons between the Service Providers and the Student.
  6. Service Providers have the freedom to prepare and provide their Service Provider Services on the Platform in the manner that they see fit.
  7. Service Providers also have the opportunity of increasing their base earnings on the Platform through the multiplier process that will be communicated to the Service Providers by Katakwe on a monthly basis.
  8. Using the relevant prompts on the Website, users can access our online blog which contains great information about available content and Services.
PAYMENT FOR SERVICES
1. To search the Platform and learn more about Katakwe, the Platform Services and/or any Service Provider, it is always free.
2. The purchasing of online or in-person lesson units on the Platform by a Student will attract a fee to be charged by the Platform and to be paid by the Student (“Fee”).
3. Katakwe offers payment security using our authorised payment services provider (Stripe).
4. Katakwe will pay any Fees due and owing to the Service Provider on the 25th (twenty-fifth) day of each month.
5. The Fee paid by a Student using Stripe is split between the Service Provider and Katakwe, with Katakwe receiving a percentage commission of the Fee paid. The splitting of the Fee and the subsequent payment to the Service Provider will be actioned and facilitated by Katakwe via electronic funds transfer into the Service Providers’ nominated bank account or into the Service Providers’ PayPal account.
6. A portion of the Fee paid by the Student for lesson units on the Platform will be paid by Katakwe to a charity organisation or its choice.
7. The Service Provider shall receive a base payment for their Services and additional commission from the utilisation of the Platform’s multiplier and referral system. The exact amount which will be paid to a Service Provider will be calculated at the end of each month worked and will be subject to change at any time at the discretion of Katakwe.
8. Users making use of our authorised payment services provider understand that when using such third-party services, that third-party service provider may have its own terms of use and service which the user will need to read and accept in order to use their independent payment services.
9. Once payment has been actioned by Katakwe, the Service Provider will receive a proof of payment of the Fee from Katakwe.
10. All amounts paid to Katakwe as a Fee, will be VAT exclusive.
11. For further information on the current Platform Services available generally or applicable to you or to obtain a full record of your payments for any transaction/s conducted via the Platform, please contact support@katakwe.com who will gladly assist.
12. Katakwe 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 Platform 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 Platform Services or the fees applied to you.
13. All amounts stated shall exclude Value Added Tax (“VAT”) and 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 Katakwe.
14. Katakwe reserves the right to establish, remove and/or revise any fees for any or all services obtained through the use of the Platform at any time in Katakwe’s sole discretion. Katakwe 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.
REFUNDS
1. Should a Student and/or a parent/guardian of the Student be unhappy with the Services rendered by the Service Provider, the Student and/or their parent/guardian may email Katakwe at refunds@katakwe.com in order to request a refund. Refunds will be handled on a case-by-case basis and will be accepted or rejected at the sole discretion of Katakwe.
2. Should Katakwe accept the request for a refund submitted by the Student and/or their parent/guardian, Katakwe will then action the refund and return any Fee to the Student within 30 (thirty) calendar days. Once a Student a refund has been actioned by Katakwe, their lesson units will be removed from the Platform. Student’s will have to buy new lesson units on the Platform to book online lessons with the Service Provider.
USER RESPONSIBILITIES AND WARRANTIES
1. By using the Platform and/or the Platform Services, you warrant that:
  1. you have read and agreed to these Terms and will use the Platform in accordance with them;
  2. you have not made any misrepresentations and the information provided in the registration process and/or related to your Service Provider Services is true, accurate and complete in every regard;
  3. you will timeously pay any due Fees to Katakwe when required to do so under these Terms;
  4. you expressly understand and agree to how Katakwe is only a facilitating party for all users, and any liability stemming from any Service provided to Students by the Service Providers lies exclusively with the relevant Service Provider, and not with Katakwe;
  5. 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 lawfully possess and submit all information to the Platform for the use of it or the Platform Services or where you are a minor your parent/guardian warrants that they consent to your use of the Platform/Services and/or Service Provider Services and shall be responsible for any payments made under your Profile;
  6. you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered, in Katakwe’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 Platform;
  7. 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 Platform 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 Platform or the underlying software code;
  8. you will be liable, to whichever relevant authority, to pay any tax or duty associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Katakwe is not liable at all for such payment of any such tax or duty on your behalf;
  9. you will not infringe any third party’s or the Platform’s intellectual property or other rights or transmit content/Service Providers content that the user does not own or does not have the right to publish or distribute;
  10. you will treat all other users with respect and dignity at all times;
  11. you will not use the Platform for any commercial purpose other than as expressly provided for by Katakwe and the Terms;
  12. you will not use the Platform 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
  13. you will not facilitate or assist any third party to do any of the above, failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
2. The Platform 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 Platform. The network’s data and messaging rates and fees may apply if you use the Platform and you shall be responsible for such rates and fees.
3. Without prejudice to any of Katakwe’s other rights (whether at law or otherwise), Katakwe reserves the right to deny you access to the Platform or the Platform Services where Katakwe believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
4. Katakwe does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
ADDITIONAL TERMS FOR SERVICE PROVIDERS
1. The following terms are applicable to Service Providers only, relating to their use of the Platform/Services as well as the offering of their Services via the Platform.
  1. The Service Provider’s use of the Website indicates the Service Provider’s explicit/tacit acceptance of the Terms.
  2. The Service Provider explicitly understands and agrees that Katakwe and/or the Platform does not sell or license nor offer any Services in whatever nature or form, but simply enables Service Providers and Students to meet online and in-person for educational lessons using the Platform. The Service Provider is the supplier of their Services to the Student, and the Student is the purchaser of the Services from the Service Provider. Katakwe and the Platform are merely a limited general facilitator for both parties to conduct their private transaction with convenience.
2. Service Provider Warranties and Responsibilities:
  1. The Service Provider, by being included on the Platform, warrants that it will at all times:
    1. have all of the applicable and required qualifications to provide their Services on the Platform in all jurisdictions to which laws they and their services are subject;
    2. maintain and be responsible for any registration or access to the Platform required to render its transactional Services to a Student on the Platform;
    3. report any unethical conduct by Students or other Service Providers which comes to their attention;
    4. provide Katakwe with an original or certified copy of their police clearance upon registration as a Service Provider for in-person lessons on the Platform, and such police clearance shall be valid for 6 (six) calendar months. Should the Service Provider fail to provide Katakwe with an original or certified copy of their police clearance, the Service Provider shall not be entitled to conduct in-person lessons with Students and all lessons with Students shall be online only;
    5. provide to Katakwe, an original or certified copy of their updated police clearance when requested to do so by Katakwe;
    6. never circumvent or attempt to circumvent the Platform and/or Katakwe in providing their Services to Platform users outside of the Platform with the intention of deriving a sole and exclusive benefit, to the detriment of Katakwe;
    7. adhere to all applicable consumer and intellectual property protection and/or other laws when conducting their private transactional engagement with Learner users, as well as in making their Services available for sale (including all duties for the Service Provider to apply relating to personal data processing standards and/or Know-Your-Service Provider or Anti-Money Laundering duties which may be applicable);
    8. allow, and grant to, Katakwe a non-exclusive and non-transferable right to the Service Providers’ intellectual property (including descriptions of the Service Provider, their work/qualifications and their Services offered) to be used only on the Platform and/or by Katakwe when advertising or describing the Services on the Platform or to other Students and/or Platform users; and
    9. provide correct and up-to-date information regarding the Services, including other necessary Service Provider details, and/or Service Provider qualifications and characteristics, to Katakwe and/or the Platform when necessary or requested,
    failing which, the Service Provider will immediately be deemed to be committing a material breach of these Terms, allowing Katakwe to claim contractual damages from the Service Provider and/or Student for any losses (whether direct or indirect) Katakwe suffers thereby.
  2. It is the sole responsibility of the Service Provider to collect and pay any relevant, applicable income tax or other taxes associated with advertising and selling its Services and generally.
3. When a Student books an online lesson with the Service Provider using the Platform:
  1. Both the Service Provider and the Student have the ability to request changes for the time of the lesson.
  2. The Platform will provide the Service Provider and Student with a chat tool to enable communication on the Platform.
  3. For online lessons, the Platform will allow the Service Provider and Student to join the lesson by following the Platform prompts.
  4. For in-person lessons, the Platform will allow the Service Provider and Student to meet at a designated location included in the package requested by the Student. The Service Provider and Student are responsible for ensuring all lesson reminders are set in advance and all communications may take place via email, WhatsApp or SMS.
  5. Once an online or in-person lesson has been completed between a Service Provider and Student, both the Service Provider and Student shall verify the lesson on the Platform. Both the Service Provider and Student are responsible for ensuring that the lesson has been verified before the 25th twenty-fifth) day of each month.
  6. The Service Provider and Student will receive and automated reminder to verify a lesson on the 20th (twentieth) and 24th (twenty-fourth) day of each month.
  7. If neither Service Provider or Student have verified the lesson, Katakwe will not include the payout for the lesson in monthly payout schedule.
  8. The Service Provider can add comments to every lesson verified.
  9. Students and/or parents/guardians can rate the Services rendered by the Service Provider.
4. Notwithstanding the above, should a Student receive Services from the Service Provider which they deem as unacceptable and are entitled to reject under applicable laws, the Student will be required to contact the Platform using the relevant prompts in order for the Platform to log the Student’s grievance and attempt to assist the parties to reach an amicable resolution. Katakwe does not have to but reserves the right to become involved in any dispute to assist the private parties to reach a solution. Katakwe is however under no obligation to do so. Should Katakwe choose to become involved in the dispute, Katakwe may request the Student and/or parent/guardian to submit evidence to support their grievance and claim
5. All liability related to the offering, advertisement and/or provision of the Services provided by the Service Provider lies strictly with the Service Provider as the provider of same Services to the Student, which the Service Provider is made explicitly aware of.
6. The Service Provider shall not be entitled to cede, assign, transfer, or delegate all or any of its rights, obligations, interests in, under or in terms of the Terms to any third party without the prior written consent of the relevant Student already in a transaction with the Service Provider.
RECEIPT AND TRANSMISSION OF DATA MESSAGES
1. Data messages, including email 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 and/or Service Providers reserve the right not to respond to any email 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 email 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. Katakwe is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Katakwe and a user, or between users.
HYPERLINKS, DEEP LINKS, FRAMING
1. The Platform may include links to other internet sites ("the other sites"). Katakwe 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 Katakwe endorsement, agreement on or support of the content or products of such target sites.
2. Katakwe does not purport to own the content on the other sites which may be shown on the Platform.
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 and/or Katakwe.
ADVERTISING AND SPONSORSHIP
1. The Platform may contain advertising and sponsorship from third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with all applicable laws and regulations.
2. Katakwe, its shareholders, 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. All Platform material, content, information, data, software (including source and object code), icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, Service Provider descriptions, profile data (including content uploaded of previous work and experience) trade names, logos, blog articles, markets, technology, integrations, customizations, modules, process, pricing, connectivity, computer programs, algorithms, hardware configuration, developments, inventions, processes, drawings, engineering, marketing or finances, pricing information, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Platform) together with the underlying software code and everything submitted by a user to the Platform and Katakwe in use of the Platform Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Katakwe, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
  1. For clarity, all rights to any intellectual property provided by a user to the Platform will remain with the user, but for which the user has provided Katakwe with a non-exclusive, non-transferable licence to use such user intellectual property as Katakwe deems fit on the Platform and/or in advertising, for as long as the user remains registered on the Platform.
2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform 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 Platform or the underlying software code whether in whole or in part, without the written consent of Katakwe first being granted, which consent may be refused at the discretion of Katakwe. No modification of any intellectual property or editorial content or graphics is permitted.
3. Katakwe reserves the right to make improvements or changes to the intellectual property, information, graphics, and other materials on the Platform, including that of a user in their Profile, or to terminate the Platform, at any time without notice; provided that any transactions already concluded through the Platform resulting in any fees, will not be affected by such termination.
4. Where any of the Platform intellectual property has been licensed to Katakwe or belongs to any third party, other than that which has been submitted by a user to the Platform in the use of the Platform 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, Katakwe grants users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Platform on any machine on which the user is the primary user. However, nothing contained on the Platform should be construed as granting any licence or right to use any intellectual property without the prior written permission of Katakwe.
6. Any enquiries regarding any of the above relating to intellectual property must be directed to Katakwe at intellectual.property@katakwe.com
PRIVACY AND DATA PROCESSING
1. Please see our comprehensive Privacy Policy to understand how we process your personal information when you use the Platform and/or Platform Services.
2. Your use of the Platform Services (requiring your explicit acceptance of our applicable Privacy Policy) constitutes your express consent for us to process your data. Further, we also rely on our contract of service with you as a Service Provider and/or Student to process your data (a lawful ground to process your data other than express consent).
3. Should users engage with each other, they agree and understand that they may be processing the data of the other party, to which processing data laws apply and they warrant they will be fully compliant with same applicable data laws. Always read and understand the privacy policy and duties of any party processing your data.
DISCLAIMERS AND WARRANTIES
1. The Platform, including any intellectual property appearing therein, 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 either the Platform, the information provided by another user, or the information contained about Service Providers and/or on the Platform in any way.
2. All information or opinions of users made available on the Platform in relation to any of the Platform Services or Service Providers are those of the authors and not Katakwe. While Katakwe makes every reasonable effort to present such information accurately and reliably on the Platform, Katakwe does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform, Service Providers or from another user.
3. Katakwe, its shareholders, 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 Platform, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Service Providers in any way.
4. Katakwe, 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 facilitation and offering of the Platform Services, and access to, or use of, the Platform in any manner.
5. Katakwe takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform. However, Katakwe does not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Platform remains solely at the user’s own risk and the user should take their own precautions accordingly.
INDEMNITIES
1. The user indemnifies and holds harmless Katakwe, its shareholders, 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 Platform or Services offered or concluded through the Platform in any way.
2. The user 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 user’s use of the Platform and/or the Platform Services or Service Providers and for breach of these Terms.
3. This clause will survive termination of this agreement.
COMPANY INFORMATION
1. Website owner: Katakwe (Pty) Ltd
2. Company type: for-profit, private limited liability
3. Registration Number: 2016/356889/07
4. Directors: Nathan Haag and Meelan Lakhoo
5. Description of main business: Online educational marketplace platform
6. Telephone number: +27 60 906 9078
7. E-mail address: hello@katakwe.com
8. Platform URL: www.katakwe.com
9. Postal address: 32 Faan Street, Ridgeway, Johannesburg, 2091
10. Registered address: 32 Faan Street, Ridgeway, Johannesburg, 2091
11. Website owner: None
DISPUTE RESOLUTION AND GOVERNING LAW
1. Access and/or use of the Platform, 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 the Republic of South Africa only.
2. Should any dispute, disagreement or claim arise between a user and Katakwe concerning the use of the Platform or the Platform Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
3. 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.
4. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation. They may also use the services of any arbitration body for the purposes of arbitration proceedings.
5. 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.
6. Should a dispute arise between users and their private transaction relating to the Service Provider Services, said dispute is between the Service Provider and Student exclusively, where Katakwe is not responsible for fulfilling any function in any way or in any role.
7. The users agree that they shall handle their private dispute between them in a mutually suitable manner and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
8. Notwithstanding the above, the parties in a private dispute must inform Katakwe of the dispute in order for Katakwe to log the issues experienced, and to try to assist both parties in whatever way it deems fit (exclusively in order to protect Katakwe’s interests) but is under no obligation to do so.
TERMINATION OF USE OF PLATFORM OR SERVICES
1. IN ADDITION TO THE RIGHTS ABOVE, KATAKWE RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE PLATFORM SERVICES IF YOU BREACH ANY OF THE TERMS, ORFOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT KATAKWE GIVES REASONABLE NOTICE TO YOU.
2. If you wish to terminate the agreement with Katakwe, or end your use of the Platform Services, you may do so by deregistering your Profile with the Platform and discontinuing your use of the Platform.
3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Platform Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Katakwe.
4. In the event of termination of your agreement with the Terms and with Katakwe, Katakwe will remove you from the Platform and delete your Profile.
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 Katakwe, at legal@katakwe.com or
  2. in the case of the user, at the email and addresses provided by the user to Katakwe in the Profile 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.
GENERAL
1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.6 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 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. 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 of these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
5. Should you have any complaints or queries, kindly address an email to support@katakwe.com advising Katakwe of same.
6. 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 Katakwe, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.
7. 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.
8. 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"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 20.7.