Electronic Payments Terms & Conditions

12.5.2 requires User’s to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 12.5.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms). 12.6 If these Terms (or any further contract governed by the terms of these Terms) or the Application or the information made available on the Application is regulated by or subject to the Consumer Protection Act, it is not intended that any provision of the Terms contravenes any provision of the Consumer Protection Act. Therefore, all provisions of the Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with. 12.7 Notwithstanding the User’s country of residence and Application use, the Application is subject to South African law enforced by the South African courts and governs the use or inability to use the Application, its content, services, products and these terms and conditions. 13. VARIATION OF CERTAIN DEEMING PROVISIONS IN THE ECT ACT By using the Application, Users agree that these Terms create a binding contract between KIA and the User, even though the Terms are wholly or partly in the form of a data message. Users agree specifically that: 13.1 these Terms will be treated as if it was concluded at KIA’s physical address on the date on which the User first made any accessed, registered or use of the Application; 13.2 an electronic signature is not required by a User or KIA for purposes of agreeing to these Terms; 13.3 a User’s use of the Application is sufficient evidence of a User’s agreement to these Terms; 13.4 any data message sent by either a User or KIA to the other will be deemed to have been sent from our physical address if neither a User’s usual place of business nor residence is located within South Africa; 13.5 subject to the further provisions of these Terms, any communication sent to Users by an information system programmed to operate automatically on KIA’s behalf will be a data message attributable to, or authorised by KIA; and 13.6 subject to the further provision of these Terms, a data message sent by a User to KIA will only be treated as having been received by KIA when an acknowledgement of receipt is sent by KIA personally or a person who had authority to act on our behalf in respect of that data message. KIA is a licensed Financial Services provider. View our FAIS Disclosures, Privacy Policy and Promotion of Access to Information at www.mykganya.com .