Terms and Conditions
TERMS AND CONDITIONS OF USE
Welcome to KITT TECHNOLOGIES Terms and Conditions page.
The following Terms and Conditions constitute an agreement between you and Kitt Technologies (Pty) Ltd (“Kitt Technologies,” “we,” or “us”), the operator of www.kit-driver.com (the “Site”). These Terms and Conditions (the “Terms and Conditions”) govern your use of the Site, both as a casual visitor and as a registered user.
BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS, including that you consent to the information practices incorporated herein by reference. Please note that we offer the Site “as is” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept these Terms and Conditions on such individual's or entity's behalf.
Everything we offer on the Site is referred to in these Terms and Conditions collectively as the “Services”. Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorise the use and disclosure of your personal information for purposes of allowing us to provide the Services.
PART 1: INTERPRETATION AND DEFINITIONS
A. Unless inconsistent with or otherwise indicated by the context:
(a) Clause headings in this agreement are for convenience only and shall be ignored in its interpretation.
(b) An expression that denotes a natural person shall include a juristic person and vice versa and the singular shall include the plural and vice versa.
B. Where used in this agreement the following expressions shall bear the meanings assigned to them hereunder.
"Agreement" means these terms and conditions; "Checkout process" shall mean:
(a) A user clicking on the “add to cart” button after browsing the site.
(b) A user being redirected to the cart page.
(c) A user will click on the checkout button and proceed with the required fields on the page.
(d) Once payment is completed user will be directed to another page and the checkout process will be complete;
“Collection Point” means the address from which the User request to be collected for the purposes of using the service;
“Collection Time” means the time the member has stipulated for collection;
“Driver” means a person employed by Kitt Technologies as a chauffeur;
"Fees" means any charges which Kitt Technologies charge;
"Guest User" means a user who uses the site without registering an account;
"Indemnified Party" means Kitt Technologies, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of Kitt Technologies, and each of their respective officers, employees, contractors, consultants and agents from time to time;
"Intellectual Property Rights" means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyrights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
"Privacy Policy" means the policy as at www.kitt-driver.co.za/privacy-policy;
"Registration Data" means the information about users as requested by Kitt Technologies registration forms;
"Services" means the Chauffeur service rendered by Kitt Technologies to the User in terms of this Agreement;
"Site" or "Website" means the Internet website or Mobile Application by which Kitt Technologies offers the Services from time to time, currently www.kitt-driver.co.za;
"Third-Party payment provider" means any third party that processes payments on behalf of users;
"Transaction" is created when a User completes Kitt Technologies’ checkout process;
"User" means an active, registered user or a "Guest User" of the Kitt Technologies who purchases a service via the Kitt Technologies Site;
"User payment options" the payment options made available to a user now or in the future to pay for purchases on the site;
"User" or "Users" means the person who enters into this Agreement with Kitt Technologies or someone who is otherwise using the Site;
“User Vehicle” means the vehicle the User requires the Driver to operate;
"VAT" means any value-added tax or other consumption tax;
"We", "Us", "Our", "Ourselves", “Kitt” and "Kitt Technologies" are used interchangeably in this Agreement and all mean www.kitt-driver.com;
"You" or "Your" means you, the User, or otherwise, and your successors and permitted assigns; and
"Your information" includes all information you provide to us in using this Site, including, without limitation, as applicable:
(a) your registration details, including name, gender and address details;
(b) your credit card details;
(c) the information about your vehicle;
(d) the information that we learn about you as a result of your use of this Site.
PART 2: KITT TECHNOLOGIES
1. Kitt Technologies Service
1.1. The Kitt Technologies Service allows an active, authorized registered user of Kitt Technologies to create a profile on the Kitt Technologies Site.
1.1.1. The Kitt Technologies Service enables you the User to:
(a) Book a Driver who will transport the User using the User’s vehicle;
(b) the User will be collected from the Collection Point and will only be transported until the Drop off point in the vehicle provided by the User;
(c) Under no circumstances will a User be transported in any other vehicle not indicated on the bookings form.
1.1.2. The Kitt Technologies Service allows an active, registered user or a "Guest User" of the Kitt Technologies Service to locate and book a service via the Site.
1.2. We will provide you with the Service.
1.2.1. We will provide you with a username and password to log in as required.
1.2.2. We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
1.3. You agree that Kitt Technologies may restrict and/or terminate its services to you at any point in time if Kitt Technologies, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
1.4. Kitt Technologies facilitates the communication between Users on the Site. We accept no responsibility or liability for the content of User to User communications on the Service.
1.5. The User undertakes to provide his full co-operation for Kitt Technologies to carry out the Service.
1.6. Right to Kitt Technologies Service
1.6.1. Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the Kitt Technologies Service,
1.6.2. Kitt Technologies hereby grants you a limited, revocable, non-exclusive, non-transferable, worldwide right to use the Kitt Technologies Service solely for the purposes described in this Agreement.
1.6.3. All rights not expressly granted to you are reserved by Kitt Technologies. Except as expressly permitted by Kitt Technologies and You shall not:
1.6.3.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Kitt Technologies Service in any way;
1.6.3.2. modify or make derivative works based on the Kitt Technologies Service;
1.6.3.3. reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the Kitt Technologies Service;
1.6.3.4. rent, lease or otherwise transfer rights to any aspect of the Kitt Technologies Service; or
1.6.3.5. take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Kitt Technologies Service. You further agree that upon termination or expiration of this right, you shall no longer have the right to use the Kitt Technologies Service.
2. Availability of the platform
2.1. While we take all reasonable steps to limit any interruptions to your access to the Site, You acknowledge and agree that:
2.2.1. Your access to the Site may be prevented by issues outside of our control;
2.2.2. We do not promise continuous or error-free access to the Site; and
2.2.3. The functionality of the Site may change or be improved from time to time.
3. Fees
3.1. You are responsible for all transaction fees and other fees (the "Fees") you have agreed to via the Kitt Technologies Service.
3.2. All fees and other charges set out in this Agreement of Value Added Tax or similar tax, which will be added to all transactions, if applicable.
3.3. Kitt Technologies’ obligations hereunder are conditioned upon your fulfilment of all payment obligations to Kitt Technologies. If you fail to meet your obligations then Kitt Technologies shall have the right to suspend its Service to You, in whole or in part.
3.3.1. Any dispute or claim concerning the calculation of Fees charged must be brought to the attention of Kitt Technologies by e-mail to [email protected] within forty-five (45) days following the invoice date, accompanied by the details forming the basis for such dispute or claim. 3.3.3. Failure to follow the procedure outlined in the preceding sentence shall serve as sufficient reason for Kitt Technologies to reject such claim without further liability.
3.4. You may close Your Account by notifying Kitt Technologies via the Site.
3.5. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
3.6. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such promotion on this Site.
3.7. We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. If we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
3.8. Unless otherwise stated, all fees are quoted in South African Rand and are exclusive of VAT.
3.9. We further reserve the right in our sole discretion to place third-party advertisements on the pages without your consent or payment to you.
4. User
4.1. You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
4.2. In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.1, we may prevent you from or using the Services of this Site.
4.3. You agree and warrant to us that:
4.3.1. your information:
4.3.1.1. is accurate and not false, misleading, deceptive or fraudulent;
4.3.1.2. does not breach any Intellectual Property Rights of a third party;
4.3.1.3. is made in compliance with all applicable laws, government regulations or guidelines;
4.3.1.4. is not forged, threatening or offensive or otherwise constitutes harassment;
4.3.1.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
4.3.1.6. does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
4.3.1.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
4.3.1.8. does not contain child pornography, bestiality or any other obscene or offensive material.
PART 3: GENERAL TERMS AND CONDITIONS
5. Kitt Technologies may change these Terms and Conditions.
5.1. We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.
5.2. By accepting this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 5. In any event, your continued use of the Services after any changes to the terms of this Agreement has taken effect in accordance with Clause 5.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
6. Compliance with These Terms and Conditions
6.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
6.2. You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
6.2.1. doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
6.2.2. the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
6.2.3. we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
6.3. If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
6.4. If you:
6.4.1. infringe or are suspected of infringing the Intellectual Property Rights of any other person;
6.4.2. are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
6.4.3. have an overdue payment on your Kitt Technologies Account; or
6.4.4. otherwise breach this Agreement; we may, in our absolute discretion:
6.4.4.1. withhold from you, your use of any or all of the Services, and access to your information;
6.4.4.2. delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
6.4.4.3. restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
6.4.4.4. terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
7. Use of Site
7.1. In using this Site, you must not:
7.1.1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
7.1.2. alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
7.1.3. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
7.1.4. offer, sell, export any goods and services if this breaches any law applicable to you;
7.1.5. engage in any practice or conduct that is unlawful under any laws applicable to you;
7.1.6. copy, modify, or distribute rights or content from our sites, services or tools or Kitt Technologies’ copyrights and trademarks; and
7.1.7. harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on Kitt Technologies without the express permission of Kitt Technologies.
7.2. Any links or references (direct or indirect) to other websites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those websites, or the products and services contained on those web sites.
7.3. The information and material contained on this Site have been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site comply with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
7.4. You agree to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
8. Entering into this Agreement
8.1. You represent and warrant to us:
8.1.1. if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
8.1.2. if you are a juristic entity:
8.1.2.1. that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
8.1.2.2. entering into this Agreement does not violate your Constitution; and
8.1.2.3. you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
8.2. Transactions in case of a minor
8.2.1. If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of Kitt Technologies, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
8.2.2. If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the Agreement entered into between yourself and Made in South Africa.
8.2.3. We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should Kitt Technologies, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
8.2.4. To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
9. Licence of, and Use of, your Information
9.1. You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.
9.2. You are not authorized to use the Kitt Technologies trademark or logo (the "Kitt Technologies” branding) in any manner without the express written consent from Kitt Technologies.
9.4. Subject to Clause 9.1., we agree to use your information only in accordance with the Privacy Statement below and further hereby acknowledge and agree as follows:
9.4.1. in this agreement shall confer any license or right of ownership in such material; and
9.4.2. Kitt Technologies shall retain all right, title, and interest, including all intellectual property rights, in and to any of the Kitt Technologies Service, Kitt Technology branding, website, and other technology provided by Kitt Technology, and any other property, and/ or material belonging to Kitt Technology, and nothing in this Agreement shall confer any license or right of ownership in such material.
10. Privacy Statement to be read in conjunction with Privacy Policy This privacy statement discloses the privacy practices for the www.kitt-driver.com site
10.1. We have agreed to notify you:
10.1.1. What personally identifiable information of yours or third party personal identification is collected from you via this Site;
10.1.2. The organization collecting the information;
10.1.3. How the information is used;
10.1.4. With whom the information may be shared;
10.1.5. What choices are available to you regarding the collection, use and distribution of the information;
10.1.6. The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control;
10.1.7. How you can correct any inaccuracies in the information.
11. Disclaimer and Limitation of Liability
11.1. Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
11.1.1. a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
11.1.2. any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;
11.1.3. in relation to purchases on this Site, that were not processed or accepted due to technical difficulties or for any reason whatsoever;
11.1.4. whether we or another person could have foreseen such a loss or type of loss or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
11.1.5. any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
11.1.6. any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
11.1.7. any reliance on, the information and material contained on this Site about any services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;
11.1.8. any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.
11.1.9. any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.
11.2. To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.
12. Release and Indemnity
12.1. Notwithstanding, and in addition to any other provision in this Agreement, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
12.1.1. your use of the Services;
12.1.2. the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;
12.1.3. any one or more of the circumstances described in Clause 11.1.
12.1.4. any alleged breach of a person's rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or
12.1.5. any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.
13. Liability in the event of an Accident
13.1 In the unlikely event of an accident occurring during the use of our Services, Kitt Technologies, its employees/drivers will not be liable in any respect.
13.2 The User is responsible to ensure that they hold adequate insurance for their vehicle including third party drivers.
14. Entire Agreement
14.1. This Agreement together with any service level agreement and Privacy Policy constitutes the entire Agreement between you and Kitt Technologies.
14.2. Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.
15. Remedies Cumulative
All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on our website. It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use our services, you are deemed to have accepted the amendment, variation or update as binding on you.
16. Relationship of Parties
Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venture of another party.
17. Further Assurances
A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by this Agreement.
18. Non-Waiver
Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
19. Governing Law
19.1. This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceeding arising out of or with respect to this Agreement.
19.2. With reference to clause 19.1, the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.
20. Notices
You choose your domicilium citandi et executandi ("domicilium") for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on this site. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email to the relevant party to this Agreement at its respective address as specified on the application for registration on this Site and, in the case of Made in South Africa, at the aforementioned address and in the case of mail will be deemed to have been served three (3) business days after posting. In the case of a facsimile it will be deemed to have been served on receipt of a successful transmission notice and in the case of email, it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.
