KARRI END USER AGREEMENT

 

These terms form an agreement between you and us. Please read them carefully and make sure that you understand all of them. These terms apply to you when you register for the Karri app and each time you use it.

 

1.         INTRODUCTION

 

1.1           This end user agreement (“Agreement”) is an agreement between you (“you” or “User”) and Karri’s trading company (Education Payment Solutions Proprietary Limited in South Africa) (“Karri”, “we,” or “us”) and, to the extent expressly stated, our affiliates, who may differ across countries of operation.

 

1.2           You agree to and accept all of the terms and conditions contained in this Agreement in order to access, download and use our Karri Application specifically designed for the administration of organizations’ finances.

 

1.3           It is your sole responsibility to determine whether the App is suitable and adequate for your needs. You assume all risks associated with your use of the App. If you do not agree to these terms do not register for or use the App.

 

2.         DEFINITIONS

 

2.1           Headings to the clauses of this Agreement are for the purposes of convenience and reference only and shall be used to assist with the interpretation of the terms of this Agreement.

 

2.2           We have defined some words for consistency. The following terms shall have the meanings assigned to them below. Singular terms include the plural and the other way around:

 

2.2.1       “Account” means a Karri account or profile created by User;

2.2.2       “Agreement” means this user agreement, including all annexures hereto;

2.2.3       “App” means the Karri application for your Device through which you transact;


2.2.4     “Karri” in South Africa means Education Payment Solution Proprietary Limited profit company (private) with registration number 2016/362374/07 and its successors in title  and assigns, of 2nd Floor, Dean Street Arcade, Dean Street, Newlands, Cape Town; in other countries of operation Karri means the company that trades as Karri in that country.

2.2.5       “Karri” means, collectively, the Karri Mobile App and the Karri Web App;

2.2.6       “Member” means members at organizations who will use the Karri Mobile App, for example a Learner at a School; and “Subscriber” means the subscriber of such member, for example the Parent of that Learner;

2.2.7       “Member Code” means the code issued to Subscribers by the organization to access Karri;

2.2.8       “Organization(s)” means any organization that will register with Karri to use Karri for the administration of its organisation finances;

2.2.9        “PCI Data Security Standards” means the Payment Card Industry Data Security Standard which is a proprietary information security standard for organizations that handle branded credit cards from the major card schemes including Visa and MasterCard;


2.2.10     “Services” means the services to be provided by Karri through the use of Karri;

2.2.11     “Third Party Provider” means the use of any third party for the fulfillment of the operation and/or functionality of the Services offered by Karri through Karri;

2.2.12    “User” means the person using the Karri Application;

2.2.13    “User Content” means, any form of content such as discussion forums, posts, chats, tweets, advertisements and other forms of media that was created by Users of Karri.

2.2.14    “Karri Wallet” means the store of value functionality on the Karri app from which the user can transact

 

2.3           When any number of days are prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a Saturday, Sunday or Public Holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday;

 

3.         ACCESS AND USE OF KARRI

 

3.1           To use and access Karri, you must register for a Karri Account (“Account”).

 

3.2           You agree to maintain accurate, complete, and up-to-date information in your Account.

 

3.3           You may not assign or otherwise transfer your Account to any other person or entity.

 


3.5       You agree to comply with all Applicable Laws when accessing or using Karri, and you may only access or use Karri for lawful purposes.

 

4.         PROFILES AND PASSWORDS

 

4.1           You will need to create a profile and a password for the Account. The User can change the password for the Account and/ or edit his/her profile at any time.

 

4.2           Each User will be requested to link a bankcard to their profile and must ensure that there are sufficient funds in the bankcard to use your Account. Each user will also have the option of adding credit to their Karri wallet on the app via instant EFT.

 

4.3           Any profile that you open with us is personal to you and you are prohibited from permitting any other person to access or use your profile.

 

4.4           Your Member Code remains our property and we can disable, reclaim and reuse these once your profile is terminated or deactivated for whatever reason by either you or us, and all your personal information is removed.

4.5           You are fully responsible for safeguarding and maintaining the confidentiality of your Account.

 

4.6           You authorize us to assume that any person using Karri with your profile and password, is either you or is authorized by you to act on your behalf, except where we have received and acknowledged your notification to us regarding the unauthorized use of your Account.

 

4.7           You agree to notify us immediately at support@karri.co.za if you know, suspect or become aware of any unauthorized use of your Account.

 

5.         COMMUNICATION

 

5.1.      By creating an Account, you agree that Karri may send you notifications as part of the normal business operation of your use of Karri.

 


5.2          You can manage the notifications that you receive from Karri in your Karri profile.

 

5.         RECOURSE AND SUPPORT

 

5.1.     You can contact Karri at any time via the embedded in app support chat platform. All communication will be responded to within a minimum of 2 working days. This chat platform is also available on the Karri website.

 

6.        LICENSE

 

6.1          Subject to your compliance with this Agreement, Karri grants you a limited, non- exclusive, non-sub licensable, revocable, non-transferrable license to:

 

6.1.1      Access and use Karri on your personal device solely in connection with your use of the Services offered by Karri through Karri;

6.2.1      Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use; and

6.1.2      Any rights not expressly granted herein are reserved by Karri and Karri’s affiliates.

 

7.        THIRD PARTY SERVICES AND CONTENT

 

7.1          Karri may be made available or accessed in connection with third party services and content (including advertising) that Karri does not control.

 

7.2          You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content.

 

7.3          Karri does not endorse such third-party services and content and in no event shall Karri be responsible or liable for any products or services of such third party providers.

 

7.4          In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access Karri using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively.

 


8.        USER PROVIDED CONTENT

 

8.1                        Any User Content provided by you remains your property.

 

8.2                        You agree to not provide User Content that is defamatory, hateful, violent, obscene, unlawful, or otherwise offensive, as determined by Karri in its sole discretion.

 

8.3                        Karri may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.

 

9.         SECURITY, PRIVACY AND YOUR INFORMATION

 

 

9.1           We are committed to protecting and respecting your privacy. You may provide us with information, including personal information, from time to time in connection with the services we provide to you under this agreement. The information you share on Karri, including your personal details, profile information, password and banking details will be processed by PCI Data Security Standards, to ensure the privacy and security of your Account.

 

9.2           Karri complies with PCI Data Security Standards, which ensures and maintains payment security on Karri.

 

 

10.       OWNERSHIP

 

            Karri and all rights therein an thereto, are and shall remain, Karri’s property or the property of Karri’s affiliates.

 


11.       PAYMENT TERMS

 

11.1                   Subject to you linking your bank card to your User profile as stated above, and having sufficient funds on the Account to transact on Karri, you may, from time to time, make payments to us (Account Top Up) or third parties as part of your use of Karri.

 

11.2                   We may set out further terms applying to such payments, billing arrangements and any consequences of failing to make timely payments.

 

11.3                   In no circumstances, will we be required to provide a refund for any payments made by you to us in relation to any organization activity or event provided by the Organization through Karri, except as agreed with the Organization, in its terms and conditions of engagement with you with respect to that event.

 

11.4                 You agree that you are solely responsible for all fees and taxes associated with any such payments, including a cancellation fee in accordance with the terms and conditions of that event.

 

11.5                 The storage of credit card details and payments processed from you through Karri, either via the Account or directly from the stored credit card is done via a PCI DSS accredited third party service.

 

11.6                 In paying for an event published on Karri, you hereby explicitly agree to give your consent that the Member shall attend the event.

 

12.       NETWORK ACCESS AND DEVICES

 

12.1                    You are responsible for obtaining the data network access necessary to use Karri. Your mobile network's data and messaging rates and fees may apply if you access or use Karri from your device.

 

12.2                    You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Karri and any updates thereto.

 

12.3                    We do not guarantee that Karri, or any part thereof will function on any hardware or devices. Karri may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 


13.       RESTRICTIONS

 

13.1        You may not:

 

13.1.1    Remove any copyright, trademark or proprietary notices from any part of the Services;

13.1.2    Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Karri;

13.1.3    Decompile, reverse engineer, decompile or disassemble the Services except as may be permitted by applicable law;

13.1.4    Link to, mirror or frame any portion of the Services;

13.1.5    Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

13.1.6    Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

14.       CLOSURE

 

14.1                  Karri shall offer methods for deactivating your Karri Account or profile. Please refer to www.karri.co.za or www.karripay.com for further guidance.

 

14.2                Your Karri Account shall remain active unless you deactivate the Account or any person authorized by you to act on your behalf, except where we have received and acknowledged your notification to us regarding the unauthorized use of your Account/profile/password.

 

14.3                The deactivation of your Karri Account, for whatever reason, shall not affect the rights of Karri that may have accrued before the deactivation of your Account or profile; or


which specifically or by their nature survives the deactivation of your Account or profile.

 

15.      DISPUTE RESOLUTION

 

15.1        By agreeing to this Agreement, you agree that you are required to resolve any claim that you may have against us through arbitration, as set out below. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.

 

15.2        In the event of a dispute arising between you and us relating to any matter pertaining to your Account or profile or the interpretation thereof, the following process will be followed:

 

15.2.1    You must serve us with a notice within seven (7) days of the dispute arising, notifying us of the nature of the dispute, with sufficient particularity.

15.2.2    We will try to resolve your dispute as speedily as reasonably possible.

15.2.3    If a dispute cannot be resolved within thirty (30) days of notification of the existence of the dispute, then you may require that such dispute be referred to arbitration. The arbitrator shall be appointed by the Parties, and failing agreement, shall be nominated by us. The arbitration shall be held in the Western Cape of South Africa or a jurisdiction agreed to by the Parties.

15.2.4    The arbitration shall be held in accordance with the formalities and procedures settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedure or the strict rules of evidence, and the arbitration   shall be otherwise subject to the provisions of the Arbitration Act 1965, as amended.


15.2.5    The arbitration shall be held as expeditiously as possible after such arbitration is demanded, with a view to such arbitration being completed within twenty (20) Business Days after such arbitration has been so demanded.

15.2.6    This clause is severable from the rest of this Agreement and shall therefore remain in effect even if this Agreement is terminated.

15.2.7    This clause shall not preclude you or us from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator or enforcing any award made by the arbitrator under this clause.

15.2.8    You hereby confirm that you shall abide by the terms of any arbitral award, the terms of which shall be final and binding on you hereto.

 

16.       DISCLAIMER

 

16.1                   Karri is provided “as is” and “as available”. Karri disclaims all representations and warranties, express, implied or statutory, not expressly set out in this Agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

16.2                   Karri makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services offered by Karri through Karri, or that Karri will be uninterrupted or error-free.

 

16.3                   Karri does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of Karri, or Services requested in connection thereof, remains solely with you, to the maximum extent permitted under applicable law.

 

16.4                   Karri makes no representation, warranty or guarantee with regards to the terms set out in this Agreement. Upon signature hereto, the Parties agree to be bound by the terms of this Agreement.

 


17.       LIMITATION OF LIABILITY

 

17.1                   Karri shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, lost data, lost funds, personal injury, property damage related to, in connection with, or otherwise resulting from any use of Karri, regardless of the negligence use of Karri, even if Karri has been advised of the possibility of such damages.

 

17.2                   Karri may be used by you to pay for your member`s activities or events at organization, but you agree that Karri has no responsibility or liability to you related to any activities or events organized or provided to you by the organization other than as expressly set forth herein.

 

17.3                 The limitations and disclaimer under this Agreement do not purport to limit liability or alter your right as a consumer that cannot be excluded under applicable law.

 

18.      INDEMNITY

 

18.1                    You agree to indemnify and hold Karri and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

18.1.1    Your use of Karri and its Services;

18.1.2    Your breach or violation of any provision of this Agreement;

18.1.3    Karri's use of your Karri User Content; or

18.1.4    Your violation of the rights of any third party, including Third Party Providers.

 

19.      REPRESENTATIONS AND WARRANTIES

 

19.1        Each Party warrants to each other that it has the power and authority to enter into this Agreement;


 

19.2        You warrant and/or undertake to Karri that You will maintain the necessary funds in the bank card to use Karri;

 

19.3        Notwithstanding, the above warranties, Karri neither makes nor gives any warranties, guarantees, and representations, express or implied, arising by law or otherwise, with respect to this Agreement.

 


20.       NOTICE

 

20.1     Karri may give notice by publishing a general notice on Karri, or by written communication sent by mail to your email address in your Account, telephone or text message (SMS) to any phone number provided in connection with your Account, or to any address connected with your Account. As such, you must ensure that, at all times, your information is updated with the correct contact details and failure to do so will not absolve you from complying with any terms of this Agreement.

 

20.2        You may give notice to Karri, with such notice deemed given when received by Karri, by

            logging in to your Karri settings.

 

21.      GENERAL

 

21.1     If Karri is prevented from or restricted directly or indirectly from carrying on all or any of its obligations under this Agreement due to any reason or cause beyond their control or by reason of force majeure, Karri shall be relieved of its obligations in terms of this Agreement during such period.

 

21.2        You may not assign this Agreement without Karri's prior written approval. Karri may assign this Agreement to any person without your consent.

 

21.3        No joint venture, partnership, employment, or agency relationship exists between you, Karri or any Third-Party Provider as a result of this Agreement or the use of Karri.

 

21.4        If any provision under this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent.

 

21.5        Karri's failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Karri in writing.

 

21.6        This provision shall not affect the Dispute Resolution provision of this Agreement.

 


22.       GOVERNING LAW

 

22.1        This Agreement shall be governed by the laws of the Republic of South Africa.

 

22.2        Unless stated otherwise elsewhere in this Agreement, the Parties hereto irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Cape High Court or a jurisdiction agreed to by Parties in regard to the enforcement of any rights to all matters arising from this Agreement.