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Terms & Conditions

Terms and Conditions of Use of Kholana.com

1  Acceptance The Use Of Kholana (PTY) LTD. Terms and Conditions

Your access to and use of Kholana (PTY) LTD. is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 Change of Use

Kholana (PTY) LTD.reserves the right to:
3.1  change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Kholana (PTY) LTD.shall not be liable to you for any such change or removal.
3.2  change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4  Links to Third Party Websites

Kholana (PTY) LTD. Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5  Copyright

5.1  All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Kholana (PTY) LTD. or otherwise used by Kholana (PTY) LTD.as permitted by law.

5.2  In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6  Disclaimers and Limitation of Liability

6.1  The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy

6.2  To the extent permitted by law, Kholana (PTY) LTD. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3  Kholana (PTY) LTD. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Kholana (PTY) LTD. for death or personal injury as a result of the negligence of Kholana (PTY) LTD  or that of its employees or agents.

7  Indemnity

You agree to indemnify and hold Kholana (PTY) LTD. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Kholana (PTY) LTD. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8  Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.

10  TradeSafe

The acceptance of Kholana (PTY) LTD’s Terms and Conditions means the acceptance of the TradeSafe Terms and Conditions. These can be read in depth here: https://www.tradesafe.co.za/documents/terms_and_conditions.pd

11  Third Party Sellers

11.1 Kholana (PTY) LTD will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Kholana (PTY) LTD only provides the platform to facilitate transactions between Third Party Sellers and Kholana (PTY) LTD customers. Kholana (PTY) LTD is neither the buyer nor the seller of these Goods unless otherwise specified.

11.2 The Sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Kholana (PTY) LTD is not a party to that sale.

11.3 The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

11.4 Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

11.5 Kholana (PTY) LTD wants its registered users to have a safe and consistent experience and therefore provides a safe and secure platform integrated with an escrow service managed by TradeSafe to protect all parties. Any claims that escalate into a dispute must be handled between the buyer, seller and TradeSafe. Kholana (PTY) LTD will only enter into a dispute in a limited capacity and at it’s sole discretion.

12  TV Sales

12.1 It is the sole responsibility of Third Party Sellers to obtain a valid TV license number and an account holder ID. If this is not received the Seller should not complete the transaction.

12.2 Kholana Indemnifies itself from any legal responsibility pertaining to TV sales between Third Party Sellers and Registered Users.

This policy was last modified on 25 March 2021