DAILY KICK TERMS AND CONDITIONS

BY DOWNLOADING, USING AND/OR ACCESSING OUR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY OUR TERMS.

1. ABOUT OUR TERMS AND CONDITIONS

These terms and conditions together with our Privacy Policy (collectively, the "Terms") will form a written contract between you and Daily Kick ("Daily Kick", "we", "us" and "our") and will govern our relationship and your use of our mobile application ("Platform"). The general use of our Platform and any content on our Platform is governed by our Terms.

"Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platform and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platform.

We may amend the Terms from time to time. Any new version of the Terms will be published on our Platform and will become effective from the date that we first published it. By continuing to use our Platform after we published changes to the Terms, you agree to be bound by the changed Terms.

2. INTELLECTUAL PROPERTY RIGHTS

By accepting these Terms, you acknowledge and agree that our Platform and all Content presented to you through our Platform is protected by copyright, trademarks, service marks or other proprietary rights and laws, and is the sole property of Daily Kick, its affiliates, or third parties. You are only permitted to use the Content as expressly authorised by us or the specific content provider. You acknowledge that any unauthorised use of the Content accessed through our Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

3. UNAUTHORISED USE OF CONTENT

Neither we nor our affiliates warrant or represent that your use of Content accessed through our Platform will not infringe the rights of third parties.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your copyright, trademark or other property rights have been infringed by Content posted on our Platform, or accessed through our Platform, you should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon;
  2. Identify the Content that you claim is infringing the copyrighted work that you believe has been infringed upon;
  3. Provide information reasonably sufficient to permit us to contact you (email address preferred);
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other Content (email address preferred);
  5. Include a statement that you have a good faith belief that the use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law.
  6. Sign the notification;
  7. Send the written communication to the following address:
    Designated Agent: Daily Kick
    Address: 40 Heerengracht St, Cape Town City Centre, Cape Town, 8001
    Email: support@dailykick.co.za.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified Content from our Platform without liability to you or any other party.

4. USE GUIDELINES

You agree to use the Platform only for lawful purposes, and not to violate the rights of third parties. Any unacceptable use may result in immediate termination of your account and suspension of access to the Platform in the future.

You may not interfere with or disrupt the integrity or performance of our Platform, any portion or Content thereof, or related systems or networks, or use the Platform in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorised access to the Platform or related systems or networks, may not modify, translate, adapt, merge, disassemble, decompile, reverse compile or reverse engineer, or otherwise interfere with or damage any part of the Platform or server infrastructure. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Platform or Content.

You may not remove any legal notices (such as copyright, trademark or other proprietary rights notices) in or on Content.

5. THIRD PARTY CONTENT

Our Platform may include, from time to time, Content or advertisements from third parties and/or external links to other websites possessing their own content or any other third party content ("Third Party Content").

You acknowledge that the Third Party Content

  1. is beyond the control of Daily Kick and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
  2. cannot be verified by Daily Kick, and that Daily Kick cannot be expected to determine its accuracy or reasonableness; and
  3. may contain representations, statements or information which does not represent the views, opinions or beliefs of Daily Kick, its associates, directors, employees or affiliates.

Content owners or publishers may apply to us should they wish to have their content displayed on our Platform. Such requests can be sent to us at: support@dailykick.co.za

6. COMMUNICATIONS

You agree that Daily Kick or its affiliates may from time to time send you communications regarding our services or products. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications.

7. DISPUTES

The parties shall use their best endeavours to resolve any disputes that may arise between the parties amicably.

You agree that any dispute not resolved between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

You must send any notice or legal process relating to the Terms to the following address by registered post: Daily Kick, 40 Heerengracht St, Cape Town City Centre, Cape Town, 8001

8. AVAILABILITY

While we endeavour to ensure that our Platform is normally available 24 hours a day, we shall not be liable if, for any reason, our Platform is unavailable at any time or for any period.

Access to our Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We reserve the right to modify or discontinue the Platform, or any features, at any time without notice to you.

9. SECURITY AND PRIVACY

We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platform or the Content thereon.

You may not use our Platforms in any manner which may compromise the security of our network or any other network connected to our network.

Daily Kick will deal with your personal information in accordance with the provisions of our Privacy Policy.

10. APPLICATION LICENSE

Our Platform is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you for each of our Platforms you have downloaded, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of each of our Platform on a mobile device that you own or control and to run such copy solely for your own personal purposes. You may not rent, lease, lend, sell, redistribute or sublicense our Platform. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with our Platform).

The terms of the license will govern any updates that replace and/or supplement the original Platform.

The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms. Upon termination of the license, you shall cease all use of the Platform, and destroy all copies, full or partial, of the Platform. The termination of this licence will not affect your rights or remedies, or ours, for the period prior to termination, or those rights and obligations which the license intends, either expressly or by implication, to survive beyond termination.

11. DISCLAIMER AND LIMITED LIABILITY

You use our Platform at your own risk.

While we endeavour to ensure that the information on our Platform is correct, we do not warrant the accuracy and completeness of Content on our Platform or that the Content and technology available from our Platform is free from errors or omissions, or that it will meet your individual tastes, preferences or expectations.

We may make changes to the Content on our Platform at any time without notice. The Content on our Platform may be out of date, and in this regard, we make no commitment to update such Content.

To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Platform or Content provided from or through our Platform.

Our Platform is supplied on an "as is" basis and has not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the services available on or through our Platform will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on our Platform should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platform.

Third Party Content are not editorially controlled by us and therefore we cannot be held liable (whether in delict, criminal, administrative or other law) for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).

12. GENERAL TERMS

These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.

No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms or using our Services.

Daily Kick may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.

You may not cede, transfer or assign your rights or obligations under the Terms to a third party without the written consent of Daily Kick.

If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.

All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.

The Terms are governed by and interpreted in accordance with the laws of South Africa without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of South Africa, in respect of all proceedings arising out of or pursuant to the Terms.