Electronic Payments Terms & Conditions

9.3.4 to the extent allowed by law, any defect, failure, fault, delay or unavailability of the Application and/or information for any reason whatsoever, subject to paragraph 10.5 below; 9.3.5 viruses and/or spam that may infect a User’s Device; 9.3.6 the Application, KIA’s systems and/or User’s information held by us being compromised in any way; or 9.3.7 a third-party gaining access to and using a User’s information held by KIA. 9.4 Information, ideas and opinions made available through the Application should not be regarded as professional advice or the official opinion of KIA, their affiliates, officers, directors, trustees, employees, agents, advisers, or contractors. Before taking any course of action related to the information, ideas or opinions made available through the Application, the User is encouraged: 9.4.1 to consult professional advice; and 9.4.2 to consult the relevant policy, applicable to his/her KIA product and service. 9.5 Subject to clauses 4.5 and 4.6, KIA shall take all reasonable steps to ensure the quality and accuracy of content posted, by them, to the User. However, to the extent allowed by law, KIA do not make any warranties or representation that content and services available through the Application shall in all cases be true, up to date, correct or error free. The User agrees that any offensive, false, or misleading content of promotional and other material communicated through the Application is the responsibility of the advertiser of the relevant goods or services and the User shall not hold KIA legally responsible for such content. 9.6 The Application may also contain links to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under the control of KIA, and we are not responsible for and do not endorse their content or their privacy policies. Users will need to make their own independent judgement regarding their interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them. 10. ELIMINATION OF ERRORS Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content communicated via the Application to KIA. KIA undertakes, to the extent possible, take all reasonable steps to correct and/or remove such content. 11. DISPUTE RESOLUTION 11.1 The User agrees that in the event of a dispute or alleged breach by KIA, the User will, in good faith work together with a duly authorised representative of KIA to attempt to resolve the dispute. 11.2 If the dispute is not so resolved within 30 (thirty) calendar days, the User or KIA may refer the dispute to an arbitrator appointed by the Arbitration Foundation of Southern Africa (“AFSA”) for final resolution in accordance with the rules of AFSA, provided that there shall be no right of appeal. Neither the User nor KIA shall in any way be precluded from obtaining interim relief on an urgent basis from a South African court of competent jurisdiction pending the decision of the arbitrator. 12. OTHER IMPORTANT TERMS 12.1 These Terms constitute the entire agreement between KIA and the User and shall take precedent over any communications and/or postings received by KIA from the User. 12.2 If KIA fails to insist that a User perform any of their obligations under these Terms, or if KIA does not enforce its rights against a User, or if KIA delays in doing so, that will not mean that KIA has waived its rights against such User and will not mean that such User does not have to comply with those obligations. If KIA does waive a default by a User, KIA will only do so in writing, and that will not mean that KIA will automatically waive any later default by such User. 12.3 KIA may transfer its rights and obligations under these Terms to another organisation, but this will not affect a User’s rights or KIA’s obligations under these Terms. 12.4 In the event that any Terms detailed herein are found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining Terms. The remaining Terms shall remain enforceable and applicable. 12.5 No provision of these Terms (or any contract governed by these Terms) 12.5.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to KIA’s gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;