Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.
The Kwebo Technologies terms & conditions (updated January 2020) outline Kwebo Technologies and Your obligations and responsibilities on the Kwebo Technologies Platform. In this update to our Terms and Conditions, Kwebo Technologies has updated information regarding User obligations, Fees and dispute resolution functions. Kwebo Technologies has also clarified the payment of cancellation fees for Users that cancel Task Contracts.
User Agreement: www.kwebo.co.za
Kwebo Technologies operates an online platform allowing Users to connect through the Kwebo Technologies Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the Kwebo Technologies Glossary.
1 SCOPE OF KWEBO TECHNOLOGIES SERVICES
1.1 Kwebo Technologies provides the Kwebo Technologies Platform to enable Users to submit service requests.
1.2 Service Providers may make an Offer in response to a Service Request. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A Requester may revoke or modify a Service Request at any time before he/she accepts an Offer. Kwebo Technologies reserves the right to cancel all Offers on a Service Request made prior to the modification or amendment.
1.4 If a Requester accepts an Offer on the Kwebo Technologies Platform, a Task Contract is created between the Service Provider and the Requester.
1.5 Upon creation of a Task Contract, the Requester must pay the Agreed Price into the Escrow Account.
1.6 Upon creation of the Task Contract, Kwebo Technologies has rendered Kwebo Technologies Services and the Service Fee is due and payable.
1.7 Once the Task Contract is created, the Service Provider and Requester may vary the Task Contract on the Kwebo Technologies Platform. The Requester and Service Provider are encouraged to use Kwebo's app private messaging system and amend quote features, to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
1.8 The Service Provider must perform the Services required under the Task Contract, including in accordance with any additional terms or conditions agreed by the parties.
1.9 Once the Services are complete, the Service Provider must provide notice of that on the Kwebo Technologies Platform.
1.10 Once the Services are complete, the Requester must provide notice of that on the Kwebo Technologies Platform.
1.11 Once the Service Request has been completed and the Requester confirms the Services are completed, or if Kwebo Technologies is satisfied the Services have been completed, the Service Provider Funds will be released from the Escrow Account.
1.12 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Kwebo Technologies Platform.
1.13 Kwebo Technologies may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Service Request, and that the Requester would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Service Provider for the Service Request.
2 KWEBO TECHNOLOGIES ROLE AND OBLIGATIONS
2.1 Kwebo Technologies provides the Kwebo Technologies Platform only, enabling Users to submit Service Requests and make Offers on Service Requests.
2.2 Kwebo Technologies only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, Kwebo Technologies may refuse to allow any person to register or create an account with Kwebo Technologies or cancel or suspend any existing account.
2.5 Registering and creating an account with Kwebo Technologies is free. There is no charge for a Requester to submit task requests, or for other Kwebo Technologies Users to review content on the Kwebo Technologies Platform, including Service Requests.
2.6 Kwebo Technologies accepts no liability for any aspect of the Requester and Service Provider interaction, including but not limited to the description, performance or delivery of Services.
2.7 Kwebo Technologies has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Service Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Requesters or the Requesters' ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the Kwebo Technologies Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 Kwebo Technologies has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3 USER OBLIGATIONS
3.1 You will at all times:
A) Comply with this Agreement (including all Policies) and all applicable laws and regulations.
B) Only submit accurate information on the Kwebo Technologies Platform.
C) Promptly and efficiently perform obligations to another User under a Task Contract; and
D) Ensure that You are aware of any laws that apply to You as a Requester or Service Provider, or in relation to using the Kwebo Technologies Platform.
3.2 You agree that any content (whether provided by Kwebo Technologies, a User or a third party) on the Kwebo Technologies Platform may not be used on third party sites or for other business purposes without Kwebo Technologies prior permission.
3.3 You must not use the Kwebo Technologies Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Kwebo Technologies account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant Kwebo Technologies an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Kwebo Technologies Platform for the purpose of publishing material on the Kwebo Technologies Platform and as otherwise may be required to provide the Kwebo Technologies Service, for the general promotion of the Kwebo Technologies Service, and as permitted by this Agreement.
3.6 You agree that any information submitted on the Kwebo Technologies Platform must not, in any way whatsoever, be potentially or actually harmful to Kwebo Technologies or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Kwebo technologies
3.7 Without limiting any provision of this Agreement, any information You supply to Kwebo Technologies or publish in a Service Request (including as part of an Offer) must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive.
(b) be fraudulent or involve the sale of counterfeit or stolen items.
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy.
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws).
(e) be defamatory, libellous, threatening or harassing.
(f) be obscene or contain any material that, in Kwebo Technologies sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Kwebo Technologies Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 Kwebo Technologies Platform may from time to time engage location-based or map-based functionality. The Kwebo Technologies Platform may display the location of Requesters and Service Providers to persons using the Kwebo Technologies Platform. Each Requester will be asked to provide the street and suburb where the Services are to be delivered. A Requester should never disclose personal details such as the Requester's full name, street number, phone number or email address in a Service Request or in any other public communication on the Kwebo Technologies Platform. Once a quote has been accepted, navigation will direct the service provider to your address. Your full address is not made known to the service provider until acceptance of quotes.
3.9 If You are a Service Provider, you must have the right to provide Services under a Task Contract and to work in South Africa. You must comply with tax and regulatory obligations in relation to any payment (including Service Provider Funds) received under a Task Contract.
3.10 Service Providers must provide Services to Requesters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
3.11 You must not, when supplying Services, charge a Requester any fees on top of the Service Provider Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Kwebo Technologies Platform.
3.12 You must not request payments outside of the Kwebo Technologies Platform from the Requester except to the extent permitted by clause 3.13 and only if the Kwebo Technologies Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.
3.13 If a Service Provider agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Service Provider is solely responsible for obtaining any reimbursement from the Requester. Kwebo Technologies advises Service Providers not to agree to incur costs in advance of receiving the payment for these costs, unless the Service Provider is confident the Requester will reimburse the costs promptly.
3.14 If Kwebo Technologies determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Service Request or Offer You have submitted to the Kwebo Technologies Service or cancel or suspend Your account and/or any Task Contracts.
4.1 Upon the creation of a Task Contract, the Service Provider owes Kwebo Technologies the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Escrow Account.
4.2 If the Service Request requires a Service Provider to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third-party Service providers are paid pursuant to a User's separate agreement with that Third-party Service provider.
4.4 All Fees and charges payable to Kwebo Technologies are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
4.5 If Kwebo Technologies introduces a new service on the Kwebo Technologies Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 Kwebo Technologies may set-off any Fees against any Service Provider Funds or other amounts held by Kwebo Technologies on behalf of a User.
4.7 Kwebo Technologies may restrict a User's account until all Fees have been paid.
5 PAYMENTS AND REFUNDS
5.1 Card transactions will be acquired for Kwebo Technologies via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored by Kwebo Technologies. Users may go to www.paygate.co.za to view security certificate and security policy.
5.2 Payment may be made via Visa, MasterCard, Diners or American Express Cards.
(a) the Requester and the Service Provider mutually agree to cancel the Task Contract; or
(b) following reasonable attempts by a Requester to contact a Service Provider to perform the Task Contract, the Task Contract is cancelled.
(c) Kwebo Technologies is satisfied that the Agreed Price should be returned to the Requester,
Then, subject to clause 5.3, Kwebo Technologies will pay the Service Provider Funds held in the Escrow Account to the Requester. Kwebo Technologies may also pay to the account of the Requester, on behalf of the Service Provider, an additional amount up to the value of the Service Fee collected in connection with the Task Contract.
5.4 Any amount paid by Kwebo Technologies on behalf of a Service Provider under clause 5.3 will be a debt owed by the Service Provider to Kwebo Technologies.
5.5 If a Task Contract is cancelled:
(a) Kwebo Technologies will retain the Service Fee in accordance with clause 4.1; and
(b) the cancellation will be attributed to the Service Provider unless the Service Provider can provide evidence to Kwebo Technologies satisfaction (in its sole opinion) that the Requester caused the cancellation of the Task Contract.
If cancelled by the Requester (as determined by this clause), the Requester must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Service Provider under the relevant Task Contract (which will not exceed 20% of the Agreed Price). Kwebo Technologies may agree to refund the Service Fee to the Service Provider.
5.6 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.7 Following resolution of a cancelled Task Contact in accordance with clause 5.3, Kwebo Technologies may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Requester.
5.8 If, for any reason, the Service Provider Funds cannot be transferred or otherwise made to the Service Provider or returned to the Requester (as the case may be) or no claim is otherwise made for the Service Provider Funds, the Service Provider Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the Requester initially paid the Agreed Price into the Escrow Account.
5.9 Following the 3 months referred to in clause 5.8 and provided there is still no dispute in respect of the Service Provider Funds, the Service Provider Funds will be automatically converted to Stored Value and credited to the Requester.
5.10 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
6 STORED VALUE
6.1 Stored Value:
(a) can be used by the credited User to pay for any new Services via the Kwebo Technologies Platform.
(b) are not refundable or redeemable for cash.
(c) cannot be replaced, exchanged or reloaded.
(d) are valid for 12 months from the last date the Kwebo Technologies credit is topped-up, the date of issue or purchase or any expiry date applied by Kwebo Technologies (subject to any contrary specific jurisdictional legislative requirements).
(e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on the when the Stored Value is redeemable (for example only for a User's first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Kwebo Technologies prior written permission.
6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Kwebo Technologies will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
6.3 Kwebo Technologies will not accept, and may refuse or cancel, any Stored Value, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Kwebo Technologies reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
6.4 Kwebo Technologies is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Kwebo Technologies.
7 BUSINESS PARTNERS
7.1 Kwebo Technologies may enter into agreements with Business Partners and may seek to engage Service Providers in the provision of Business Services. Service Providers who agree to perform Business Services for Business Partners acknowledge and agree that Kwebo Technologies and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Service Providers providing Business Services to be approved or hold qualifications. Kwebo Technologies may assist Business Partners to locate suitably qualified Service Providers. Kwebo Technologies makes no warranty that it will promote any or all suitably qualified Service Providers to Business Partners.
7.3 Business Partners may require Service Providers to enter into a Business Partner Contract before providing Business Services.
7.4 Where a Service Provider accepts a Service Request with a Business Partner:
(a) the Service Provider must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8 THIRD PARTY SERVICES
8.1 Kwebo Technologies may from time to time include Third Party Services on the Kwebo Technologies Platform. These Third-party Services are not provided by Kwebo Technologies.
8.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Kwebo Technologies Platform as a convenience to our Users who may find the Third-party Services of interest or of use.
8.3 If a User engages with any Third-party Service provider, the agreement will be directly between the User and that Third-party Service provider.
8.4 Kwebo Technologies makes no representation or warranty as to the Third-party Services. However, to help us continue to improve our Kwebo Technologies Platform, Users may inform Kwebo Technologies of their Third Party Service experience here.
9 VERIFICATION & BADGES
9.1 Kwebo Technologies may use Identity Verification Services.
9.2 You agree that Kwebo Technologies Identity Verification Services may not be fully accurate as all Kwebo Technologies Services are dependent on User-supplied information and/or information or verification services provided by third parties.
9.3 You are solely responsible for identity verification and Kwebo Technologies accepts no responsibility for any use that is made of a Kwebo Technologies Identity Verification Service.
9.4 Kwebo Technologies Identity Verification Services may be modified at any time.
9.5 The Kwebo Technologies Platform may also include a User-initiated feedback system to help evaluate Users.
9.6 Kwebo Technologies may make Badges available to Service Providers. The available Badge can be requested by the Service Provider via the Kwebo Technologies Platform and arranged on behalf of the Service Provider and issued by Kwebo Technologies, for a fee. Obtaining Badges may be subject to the provision of certain information or documentation by the Service Provider and determined by Kwebo Technologies or a third-party verifier subject to its terms.
9.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Service Provider prior to commencing the task.
9.8 It remains the Service Provider's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Kwebo Technologies immediately if a Badge is no longer valid.
9.9 Kwebo Technologies may, at its discretion, issue Badges to Service Providers for a fee.
9.10 The issue of a Badge to a Service Provider remains in the control of Kwebo Technologies and the display and use of a Badge is licensed to the Service Provider for use on the Kwebo Technologies Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Kwebo Technologies Platform.
9.11 Kwebo Technologies retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Kwebo Technologies.
10.1 Kwebo Technologies may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Kwebo Technologies website when they are available. Kwebo Technologies confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
10.2 Kwebo Technologies does not represent that any insurance it acquires, or which is offered via the Kwebo Technologies Platform is adequate or appropriate for any User. Each User must make its own enquiries about whether any further insurance is required.
10.3 Kwebo Technologies may also take out other insurance itself and that insurance may at Kwebo Technologies option extend some types of cover to Users. Kwebo Technologies reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies details can be requested via Kwebo Technologies website help. Users are responsible for familiarising themselves with these details.
10.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Service Provider, and the insurance taken out by Kwebo Technologies (if any) responds to that claim then this clause applies. If a claim is made against a Service Provider, Kwebo Technologies may elect to make a claim under any applicable policy and if the claim is successful, Kwebo Technologies reserves its right to recover any excess or deductible payable in respect of the claim from the Service Provider. Where Kwebo Technologies makes a claim and the insurer assesses that the Service Provider is responsible, Kwebo Technologies is entitled to rely on that assessment. If You do not pay any excess due under this clause, Kwebo Technologies may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
10.5 The Service Provider acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Service Provider, and the insurance taken out by Kwebo Technologies (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Kwebo Technologies may elect to pay an amount to settle the claim. To the extent that the Service Provider was or would be liable for the amount of the claim, the amount paid by Kwebo Technologies may be recovered by Kwebo Technologies from the Service Provider. Kwebo Technologies may also elect to set this amount off against future moneys it may owe to the Service Provider.
10.6 The Company will compensate Users up to R5 000.00 for losses arising from the theft of a User’s property by a Service Provider during a booking. A user is eligible for this claim provided such claim is issued in writing within seventy-two (72) hours of the booking appointment via email to firstname.lastname@example.org.
10.7 If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), you agree that your Personal Insurance is primary and Kwebo Technologies cover is secondary. The Kwebo Technologies cover will only compensate for losses to the extent not otherwise covered by your personal insurance.
10.8 A User will be covered under the Kwebo insurance cover for every booking, subject to the exclusions below, provided:
The Professional Service is agreed to between a User and a Service Provider through the Platform, performed by the Service Provider hired by the User and paid for in full through the platform.
You have reported the claim in writing within 72 hours of the professional service; and
Your account is in good standing with no outstanding balances owed to the Company.
11.1 You can complain about any comment made on the Kwebo Technologies Platform using the 'Report' function of the Kwebo Technologies Platform or contact Kwebo Technologies via the Kwebo Technologies website help.
11.2 Kwebo Technologies is entitled to suspend or terminate Your account at any time if Kwebo Technologies, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Kwebo Technologies Users.
12 LIMITATION OF LIABILITY
12.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Kwebo Technologies specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Requesters and Service Providers.
12.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Kwebo Technologies specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Kwebo Technologies Platform.
12.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Kwebo Technologies is not liable for any Consequential Loss arising out of or in any way connected with the Kwebo Technologies Services.
12.4 Except for liability in relation to a breach of any Non-excludable Condition, Kwebo Technologies liability to any User of the Kwebo Technologies Service is limited to the total cover in the Kwebo Technologies public liability insurance policy.
12.5 Kwebo Technologies liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
13.3 Kwebo Technologies will endeavour to permit you to transact anonymously on the Kwebo Technologies Platform. However, in order to ensure Kwebo Technologies can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Kwebo Technologies reserves the right to ask Users to verify themselves in order to remain a User.
13.4 Customer details will be stored by Kwebo Technologies separately from card details which are stored on DPO PayGate’s secure site.
14 MODIFICATIONS TO THE AGREEMENT
14.1 Kwebo Technologies may modify this Agreement or the Policies (and update the Kwebo Technologies pages on which they are displayed) from time to time. Kwebo Technologies will send notification of such modifications to Your Kwebo Technologies account or advise You the next time You login.
14.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Kwebo Technologies Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
14.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Kwebo Technologies who will terminate Your Kwebo Technologies account, and stop using the Kwebo Technologies Service.
15 NO AGENCY
15.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Kwebo Technologies, its related entities or affiliates in any way whatsoever. Kwebo Technologies confirms that all Third-party Services that may be promoted on the Kwebo Technologies Platform are provided solely by such Third-party Service providers. To the extent permitted by law, Kwebo Technologies specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-party Service.
16.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Kwebo Technologies contact address as displayed on the Kwebo Technologies Platform, or to Kwebo Technologies Users' contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside South Africa.
16.2 Notices related to performance of any Third-party Service must be delivered to such third party as set out in the Third-party Service provider's terms and conditions.
17 MEDIATION AND DISPUTE RESOLUTION
17.1 Kwebo Technologies encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Kwebo Technologies may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
17.2 If a dispute arises with another User, you must co-operate with the other User and make a genuine attempt to resolve the dispute.
17.3 Kwebo Technologies may elect to assist Users resolve disputes. Any User may refer a dispute to Kwebo Technologies. You must co-operate with any investigation undertaken by Kwebo Technologies. Kwebo Technologies reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or Kwebo Technologies determination in an applicable court or tribunal.
17.4 Kwebo Technologies has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
17.5 Kwebo Technologies may provide access to a Third-party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third-party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-party Dispute Service will be available on request. The Third-party Dispute Service is a Third-party Service and Users are responsible for paying any costs associated with the Third-party Dispute Service in accordance with the Third-party Dispute Service terms and conditions.
17.6 Disputes with any Third-party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third-party Service provider.
17.7 If You have a complaint about the Kwebo Technologies Service please contact us here.
17.8 If Kwebo Technologies provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Kwebo Technologies against any claims relating to any other use of information not permitted by this Agreement.
18.1 Either You or Kwebo Technologies may terminate your account and this Agreement at any time for any reason.
18.2 Termination of this Agreement does not affect any Task Contract that has been formed between Kwebo Technologies Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Agreed Price as applicable.
18.3 Third Party Services are subject to Third Party Service provider terms and conditions.
18.4 Sections 4 (Fees), 12 (Limitation of Liability) and 17 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18.5 If Your account or this Agreement are terminated for any reason then You may not without Kwebo Technologies consent (in its absolute discretion) create any further accounts with Kwebo Technologies and we may terminate any other accounts You operate.
19.1 This Agreement is governed by the laws of South Africa. You and Kwebo Technologies submit to the exclusive jurisdiction of the courts of South Africa.
19.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
19.3 This Agreement may be assigned or novated by Kwebo Technologies to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
19.4 This Agreement sets out the entire understanding and agreement between the User and Kwebo Technologies with respect to its subject matter.
20 COMPANY INFORMATION
20.1 This website is run by Kwebo Technologies (PTY) Ltd based in South Africa trading as Kwebo with registration number 2018 / 352922 / 07
20..2 Business Address: 12 Rothesay avenue, Craighall, Sandton, Email: email@example.com
Kwebo Technologies Glossary
"CPA" means the Consumer Protection Act.
"Agreement" means the most updated version of the agreement between Kwebo Technologies and a User.
"Agreed Price" means agreed price for Services (including any variation) paid into the Escrow Account made by the Requester but does not include any costs incurred by the Service Provider when completing Services which the Requester agrees to reimburse.
"Kwebo Technologies" "we" "us" "our" means Kwebo Technologies Pty Ltd (2018/352922/07).
"Kwebo Technologies Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Kwebo Technologies.
"Kwebo Technologies Platform" means the Kwebo Technologies website at http://www.gokwebo.com/, Kwebo Technologies smartphone app, and any other affiliated platform that may be introduced from time to time.
"Kwebo Technologies Service" means the service of providing the Kwebo Technologies Platform.
"Badge" means a Kwebo Technologies Badge and Verification Icon.
"Business Day" means a day on which banks are open for general business in South Africa other than a Saturday, Sunday or public holiday.
"Business Partner Contract" means a contract between a Business Partner and a Service Provider to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Kwebo Technologies to acquire Business Services.
"Business Services" means Services provided by a Service Provider to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Cancellation Admin Fee" means the Fee payable by a Requester for cancelling a Task Contract.
"Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
A. Opportunity or goodwill.
B. Profits, anticipated savings or business.
C. Data; or
D. Value of any equipment,
And any costs or expenses incurred in connection with the foregoing.
"Escrow Account" means the escrow account.
"Escrow Provider" means an entity that manages the Escrow Account (which may include Kwebo Technologies or its related bodies corporate).
"Fees" means all fees payable to Kwebo Technologies by Users including the Service Fee.
"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Kwebo Technologies Badges and Verification Icons.
"Marketing Material" means any updates, news and special offers in relation to Kwebo Technologies or its Third-party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by a Service Provider in response to a Service Request to perform the Services.
"Requester" means a User that posts on the Kwebo Technologies Platform in search of particular Services.
"Service Request" means the Requester's request for services, and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Kwebo Technologies Platform endorsing that User.
"Service Fee" means the fee payable by the Service Provider to Kwebo Technologies as consideration for the Kwebo Technologies Services (and comprised as part of the Agreed Price) displayed to a Service Provider prior to entering into each Task Contract.
"Services" means the services to be rendered as described in the Service Request, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
"Site" means the website at http://www.gokwebo.com/.
"Stored Value" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Kwebo Technologies Platform.
"Task Contract" means the separate contract which is formed between a Requester and a Service Provider for Services.
"Service Provider" means a User who provides Services to Requesters.
"Service Provider Funds" means the Agreed Price less the Service Fee.
"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Kwebo Technologies Platform from time to time.
"User" or "You" means the person who has signed up to use the Kwebo Technologies Platform, whether as the Requester, Service Provider, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Kwebo Technologies Platform to confirm details such as a User's qualification, license, certificate or other skill.