2020 Terms of Use

Terms and Conditions for the use of Kimbo Tech Labs (Pty) Ltd through their or other third party app (“the App”) and the services offered via the App supported, whether directly or indirectly, via Aura App (Pty) Ltd (“the Aura Platform”).

  1. Introduction
  2. Kimbo CPA Important Notice
  3. Agreement
  4. Use of Kimbo
  5. Fair Usage
  6. Third Party Responders
  7. License
  8. Payment
  9. Circumstance beyond the Parties Control
  10. Copyright, Intellectual Property and Trademarks
  11. Verification
  12. System Availability
  13. Warranties, Disclaimer and exclusion of liability
  14. Termination
  15. Updates
  16. Miscellaneous

Terms and Conditions for the use of Kimbo Tech Labs (Pty) Ltd (“Kimbo”)

  1. Introduction:
    1. Upon Users purchase of a smart alarm system from the Kimbo website (“Alarm Kit”), through the use of the App:
      1. The User shall control and manage alarm activations generated from the Alarm Kit
      1. Kimbo shall provide Users access to third party armed response services (“Responders”) through the use of the panic button which can be found on their App through the Aura Platform.
    2. Kimbo is committed to providing service of the highest standard to all who access the App (“the User, “the recipient”, “you” or “your”), which further provides the Aura Platform.
    3. The terms and conditions of use contained below (“the Terms”) shall govern your use of the App and the Aura Platform as well as any other person using your account through you together with all services associated herewith as well as the relationship between Users and Kimbo.
    4. By accessing and using the App and/or the Aura Platform, the User agrees to be bound by the Terms. If you do not wish to be bound by the Terms, you may not access, display, use, or download the App and your election to access display, use or download the App shall constitute your acceptance of the Terms.
    5. Kimbo shall, from time to time at our sole election, be entitled to modify these Terms and your continued use of the App and/or the Aura Platform, will be subject to the terms and conditions in force at the time of use. Accordingly, we kindly request that you review these Terms periodically as your continued access or use of the App shall be deemed to signify your acceptance of the amended Terms.
    6. Kimbo reserve the right at any time to change or discontinue, without notice, any aspect, feature or service offered by way of the App and/or your access to the Aura Platform.
    7. The Terms shall apply, with such contextual changes as may be necessary, to Users who use the App and/or the Aura Platform through a third-party integration onto the App (the Integration) and to Users, who download directly from an App store with the intention of utilising the App for their personal, non-commercial use.
  2. Kimbo Important Notice
    1. These Terms and Conditions apply to Users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Kimbo or a third party; and/or
      2. may create risk or liability for the User; and/or
      3. may compel the User to indemnify Kimbo or a third party; and/or
      4. serves as an acknowledgement, by the User, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Kimbo to explain it to you before you accept the Terms and Conditions or continue using the App, Aura Platform and/or Website.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Kimbo in terms of the CPA.
    6. Kimbo permits the use of this Service subject to the Terms and Conditions. By using the Service in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use the Service if you do not agree to the Terms and Conditions.
  3. Agreement
    1. These Terms govern all aspects of your access to and use of the App and/or the Aura Platform as well as any associated applications, websites, content, products and/or services.
    2. Your election to access and use the App and the services provided through or via the App creates a binding contractual relationship between you and us, governed in all respects by these Terms (as may be amended from time to time).
  4. Use of Kimbo
    1. Kimbo supplies a technology-based platform which allows Users to download an application onto their mobile device, Internet of Things (“IoT) Device and/or computer (“the Device”). Once downloaded, Users are granted access, through a virtual panic button, via the App as well as through the Aura Platform, with the assistance of Rappid Response (Pty) Limited (“Rappid”), provided by independent third-party armed response service providers (“Responders”) who might be nearest to the User at the time of the activation.  (“the Services”).
    2. Alarm Kits purchased on the Kimbo website are intended for dwellings in specified geographic areas where there is adequate Responders to provide a Service, subject to the Aura Platform’s response areas, updated from time to time. If the Services are stipulated by the App through which you access the Services, to be accessible only within a specified geographic area, for example, Fourways, if using Kimbo through the App and/or Aura Platform, Kimbo shall only provide responses in that applicable area and shall not be obliged to provide responses in any other geographical area.
    3. The User acknowledges that Kimbo will be providing the Services on the App in circumstances which by its very nature, may be dangerous and potentially life threatening to the User. The Services are in no way intended to limit or reduce the User’s risk of violent crime or other such threat and should in no way be viewed as a preventative measure. The Services are intended to support, if possible, Users who might become the victims of criminal activity by providing such Users with access to Responders in the User’s vicinity.
    4. Further to the above, as will be dealt with more fully below, Kimbo, Aura, Rappid, its directors, employees, partners and financiers accept no responsibility or liability for any malady, incident harm and/or loss that may occur or be suffered by a User while using the App and/or the Aura Platform.
    5. You agree that in using the App and/or the Aura Platform, you will comply with the following:
      1. Without separate written permission from Kimbo and/or Aura, where applicable and in advance, you may not:
        1. reuse or “scrape” Kimbo’s data for use in another service or website;
        2. attempt to circumvent any controls or limitations on the App and/or the Aura Platform has placed on User’s ability to access the App or information on the Service, including by means of robot exclusion headers;
        3. use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Services or otherwise interfering with the proper function of the App and/or the Aura Platform; and 3.6.1.4. frame, “mirror”, or otherwise incorporate any part of Kimbo into any other App, website or service.
      2. In addition to the aforegoing, you may not use the App and/or the Aura Platform, without written consent and/or prior arrangement, for commercial purposes including but not limited to, using the Services to provide security and/or armed response services to the public at a mark-up, the Services are intended to be provided for the personal non- commercial use of the Users only and for no other purpose.
      3. No information whether oral or written or digitally obtained or displayed, obtained by the User from the App and/or the Aura Platform will create or be deemed to create any warranty whatsoever in relation to such information, its use, intended use of the Services.
  5. Fair Usage
    1. The provision of Responses is a labour intensive process that is limited by the number of Responders available at any time. We wish to give all Users access to Responders in emergency situations and in doing so, will implement the following fair usage policy:
      1. All users will be limited to 2 (two) standard Responses per calendar year which may be used by you at the ordinary applicable tariff (Response Limit).
      2. Once you have used your Response Limit, Kimbo may either, depending the circumstances and availability of Responders, either:
        1. Refuse to provide further Responses to you; or
        2. Provide Responses to you at a substantially higher cost than it’s ordinary per Response charge. This surcharge will be charged at R285.00 incl. VAT, and may change without notice, depending on the number of further Responses utilised following exceeding the Response Limit.
      3. By using the App and/or the Aura Platform, you hereby agree to the fair usage policy an hereby indemnity Kimbo and/or Aura and/or Rappid against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising should Kimbo and/or Aura and/or Rappid refuse a response activated by you or through your account through the App and/or the Aura Platform.
  6. Third Party Responders
    1. As part of the Services, Kimbo, through Aura and/or Rappid, has sourced a network of third-party Responders (defined elsewhere in these Terms as “the Responders”) including independent armed response service providers who have been sub-contracted to Kimbo, through Aura and/or Rappid, to provide their services to the Users, on an ad hoc basis using the App and/or the Aura Platform.
    2. Whilst Kimbo will use its best efforts to ensure that all Responders are PSIRA compliant and uphold the highest standards of care in the exercise of their functions, you hereby acknowledge that Kimbo and/or Aura and/or Rappid do not itself provide any armed response services and relies upon its Responder network who are not employees or agents of Kimbo and/or Aura and/or Rappid and operate as independent contractors on the App and/or the Aura Platform to accept ad hoc panic activations from time to time. Kimbo, Aura and/or Rappid accept no liability of whatsoever nature or howsoever arising from any act or omission of a Responder or anyone associated therewith and agree only to facilitate access to such Responder and nothing more or less.
    3. The provisions of armed response services shall at all times be dependent upon the availability and proximity of Responders by using the App and/or the Aura Platform, you hereby acknowledge and agree that Kimbo and/or Aura and/or Rappid, their directors, employees, and financiers have no control over whether a Responder accepts a panic activation or not and accordingly, we accept no liability and/or responsibility for their conduct including but not limited to any act or omission of a Responder in either accepting or declining a request for armed response received via the App and/or the Aura Platform.
    4. For the sake of clarity, and to avoid any confusion, we are not able to guarantee Responder response times, access to Responders and/or the availability of Responders at any given time and do not accept any liability or responsibility of whatsoever nature and howsoever arising for a Responder being unavailable to respond and/or failing to respond to a request for a Response via the Aura Platform.
  7. License
    1. Subject to your compliance with these Terms, Kimbo grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:
      1. Access and use the App and/or Aura Platform on your chosen Device/s for the sole purpose of the Services; and
      2. Access and use any content, information and related materials that may be made available through the App and/or the Aura Platform and/or the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Kimbo.
  8. Payment
    1. Payment for monthly subscription of the Service is made automatically monthly in advance on the 1st of the month via credit card on Kimbo’s website www.kimbo.io on its online payment facility.  
    2. Kimbo are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    3. For credit card payments, Kimbo may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold the Service until such time as the additional information is received by Kimbo and authorisation is obtained by us for the amounts.
    4. The User warrants that they are fully authorised to use the credit card supplied for purposes of paying the monthly subscription of the Service.
    5. The User also warrants that their credit card has sufficient available funds to cover all the costs incurred as a result of the Services used on the App and/or the Aura Platform.
    6. You may contact us via our “Help page” to obtain a full record of your payment. We will also send you email communications about your monthly subscription and payment.
    7. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
    8. The User agrees to pay any bank charges relating to monthly subscriptions, not limited to penalties associated with unpaid returned debit of the Users account.
    9. The User understands that they shall not be entitled to any refund of amounts which Kimbo have withdrawn while this Service is in force, if such amounts were legally owing to Kimbo.
    10. The prices quoted by Kimbo will be subject to fluctuation without prior notice to the User and will depend on inter alia the availability and proximity of Responders, the area in which the App is used, the number of Users using the App at any given time, time of day and/or time of the year, in accordance with a standard pricing scale. In addition, all fees shall be negotiated directly between Kimbo and the User.
  9. Circumstances beyond the Parties Control
    1. If Kimbo, Aura, Rappid and/or any third-party Responder is prevented or restricted, directly or indirectly, from carrying out all or any of its obligations under this Agreement by reason of strike, power failure, network failure, internet downage, fibre cable downage, mobile network downage, server failure, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, traffic, cessation of the Party labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relived of its obligations under this Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always, save in the event of an unannounced municipal power failure or power failure at the Premises, that written notice shall forthwith be given of any such inability to perform by the effected Party.
    2. Any Party invoking the above mentioned provisions, shall upon termination of an event giving rise thereto, forthwith give written notice of such ending to the other Parties.
  10. Copyright, Intellectual Property and Trademarks
    1. The Service and/or the App and/or the Aura Platform and all information, data materials and other content available through the App, including, but not limited to, the App name, website domain name, Kimbo and/or Aura’s and/or Rappid’s logo(s) and all designs, text, documents, graphics, software including but not limited to both source and object code, sound files, other files and the selection and arrangement thereof are the proprietary property of Kimbo and/or Aura and/or Rappid and as the case may be, its associates, suppliers and licensors and are protected by South African and international intellectual property laws. Kimbo and/or Aura and/or Rappid and its associates, suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.
    2. Kimbo and/or Aura and/or Rappid and their logo(s) are trademarks of Kimbo and/or Aura and/or Rappid or one of its associated companies, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kimbo and/or Aura and/or Rappid or the relevant company owning the said trademark. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
    3. You may access, display, download and otherwise use the current and future content of the App for your personal, non-commercial and information purposes only. Any other use, including reproduction other than as aforesaid, amendment/modification or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights which the User acknowledges has the propensity to cause Kimbo and/or Aura and/or Rappid and/or their associated company’s damage.
  11. Verification
    1. The use of the App and access to the Services, may require that a user profile is created which contains your specific information. You must be at least 18 years of age, to create a profile which will require you to submit personal information, including but not limited to your name, address, mobile phone number and age as the case may be. By using and continuing to use the App you agree to maintain accurate, complete, and up-to-date information insofar as your profile is concerned. Your failure to maintain an accurate, complete, and up-to-date profile, may result in you loosing access to the Services. You are responsible for all activity that occurs on or through your profile and you agree to maintain the security and secrecy of your profile including your secret password at all times.
    2. You must leave the App once you have finished using the Services. If you do not do this, unauthorised transactions may result, for which you will be liable, Kimbo and/or Aura and/or Rappid accepts no responsibility or liability for any circumstance where the User fails, and/or neglected to end a session on the App.
    3. The User hereby acknowledges and agrees that Kimbo shall be entitled but not obliged to establish the authenticity of any communication transmitted to it by way of the Internet or through the App which purports to emanate from such user.
    4. The User agrees that all instructions, consents, commitments, and any other communications which purport to emanate from the User and which are sent to Kimbo by way of the internet or through the App and/or the Aura Platform and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by the User at all, shall be deemed to have been given by the User in the form actually received by Kimbo and the User will be bound by such details with no liability whatsoever attaching to Kimbo and/or Aura and/or Rappid in regard thereto.
    5. The User waives any rights the User may have or obtain against Kimbo and/or Aura and/or Rappid arising directly or indirectly from any loss or damage of whatsoever nature which the User may suffer as a result of the fact that Kimbo and/or Aura and/or Rappid acts on the User’s instructions or instructions purported to emanate from the User via the Platform.
    6. The User agrees to and hereby indemnifies and holds Kimbo and/or Aura and/or Rappid harmless against all an any claims, liability, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the User arising as a result of the fact that Kimbo and/or Aura and/or Rappid has acted on the User’s instructions or instructions which purport to emanate from the User via the App and/or the Aura Platform.
  12. System Availability
    1. Kimbo and/or Aura shall use its reasonable best endeavors to keep the necessary systems available and maintain full system functionality at all times. Due to a number of possible unforeseen circumstances, including but in no way limited to connectivity, mobile network connection, server availability and/or failure, internet connection and/or failure electrical connection, software functionality, hardware functionality, virus, general network failure, and/or third- party Responder availability, it may not always be possible for Kimbo and/or Aura to maintain perpetual system availability and therefore the Service and/or the App and/or the Aura Platform availability and should, for any reason whatsoever, Kimbo and/or Aura be unable to maintain the availability of the Services and/or the App and/or the Aura Platform, the User agrees that Kimbo and/or Aura shall not be liable to the User or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the App and/or the Aura Platform.
    2. Kimbo and/or Aura reserves the right to discontinue providing the Services and/or the App and/or the Aura Platform without notice to the User.
  13. Warranties, disclaimer and exclusion of liability
    1. The User warrants that every instruction and all information given by the User to Kimbo shall be accurate, true and in all respects correct. Kimbo and/or Aura and/or Rappid make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the App, the qualification, professionalism, competence, and suitability of the Responders or any one of them, the website, its content and/or accuracy thereof, any third-party services provided via the App and/or the Aura Platform or the suitability of any of the Services for a particular purpose or the effectiveness of any security or encryption facilities.
    2. Kimbo and/or Aura and/or Rappid does not warrant that the functionality provided by the App and/or the Aura Platform will be uninterrupted or error free, or that the App and/or the Aura Platform or the server that makes it available are free from viruses or other harmful components.
    3. Kimbo, Aura, Rappid its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect and/or consequential) or expense of any nature whatsoever or howsoever arising which may be suffered by the User, the recipient of any services or any third party arising from or as a result of the use of the App and/or the Aura Platform or the Services, or as a result of or which may be attributable (directly or indirectly) to the User’s use or reliance on Kimbo, including but not limited to:
      1. Any information provided thereon;
      2. The security Services provided by Kimbo and/or Aura and/or Rappid;
      3. Third party services provided via the App and/or the Aura Platform including that provided by the Responders;
      4. Any viruses that may infect your device or other property on account of your access to and/or use of the App and/or website;
      5. The efficacy of any security or encryption facilities; or
      6. The internet.
    4. By downloading, utilising, accessing and operating the App, you hereby expressly acknowledge and agree:
      1. The Services provided by the Kimbo and/or Aura and/or Rappid and/or the third-party Responders forming part of the Responder network are provided as a deterrent to the commission of criminal activity and are not intended as a preventative measure in respect of such activity;
      2. The Services are not intended to constitute or replace an insurance policy and it is hereby recorded that no warranty of whatsoever nature is provided by Kimbo and/or Aura and/or Rappid in relation to any services rendered by the security Provide and/or third-party Responder to the recipient;
      3. Kimbo and/or Aura and/or Rappid will not be held liable for any act or omission whatsoever whether such act or omission is negligent or grossly negligent of any Responder within the service provider network or any of their staff, employees, agents or associates of Kimbo and/or Aura and/or Rappid and/or the Responders or any of one of them and the recipient hereby indemnifies Kimbo and/or Aura and/or Rappid against any direct, indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue or any other damage of whatsoever nature incurred by you or anyone using the App through your account, or any third-party, arising from or in connection with any contract or relationship between you and Kimbo; and
      4. In the event that it is found by a tribunal, or arbitrator court, that Kimbo and/or Aura and/or Rappid is liable in law to you or any third- party arising from Kimbo and/or Aura and/or Rappid and/or any of the Services and/or any of the third-party Responders within the service provider network’s conduct, it is expressly recorded that such liability shall be limited to the total value of the Services utilised by you over the preceding 12 (twelve) month period prior to the date such claim is instituted or an amount of R50 000.00 (fifty thousand rand) whichever amount is lesser.
    5. The parties agree that the limitation of indemnity contained in this agreement is an irrevocable limitation and shall take precedence over any other indemnity or limitation contained in any other agreement concluded by the recipient.
    6. It is hereby recorded and agreed that Kimbo and/or Aura and/or Rappid accept no responsibility whatsoever to you or any of its Users including but not limited to Users using the App and/or the Aura , for the functions of the App and/or the Aura Platform or the integration thereof including but not limited to:
      1. App functionality;
      2. Any malfunction in the Aura Platform;
      3. Any malfunction in the Recipient’s app; and
      4. Any malfunction in relation to integration.
  14. Termination
    1. These Terms will continue to apply until either the User or Kimbo terminates the Services or access to the App and/or the Aura Platform to the individual User. If the customer had connected to the Service or accessed the App using a mobile phone you may terminate the Services at any time by de-activating your monthly subscription account on our website or by sending written notice to Kimbo.
    2. Kimbo may suspend a User’s access to the Service and/or suspend a User’s access to the App and/or the Aura Platform and/or terminate the User’s continued use of the App at any time, with or without notice to you:
      1. If the User is in breach of any other provision of these Terms or if you make unauthorized use of the Platform and services;
      2. If Kimbo elects at its discretion to cease providing access to the Service and/or the App and/or the Aura Platform in the jurisdiction where the User resides or from where the User’s attempting to access the Service and/or the App; or
      3. In other reasonable circumstances as determined by Kimbo at its discretion.
    3. The User shall indemnity Kimbo and/or Aura and/or Rappid against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising during the process of their access to the App being terminated.
    4. The provisions of these Terms that are intended by their nature to survive the termination of the Services.
  15. Updates
    1. The User accepts and agrees, by using the App that Kimbo has no obligation to maintain, support, upgrade, or update the recipient’s app and/or a Responder’s app, or to provide all or any specific content through the App. The User further understands and agrees that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to Kimbo, consistent with our Privacy Policy.
  16. Arbitration
    1. This clause 16 is a separate, divisible agreement from the rest of the Terms and shall-
      1. not be or become void, voidable or unenforceable by reason only of any alleged misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening), illegality, immorality, absence of consensus, lack of authority or other cause relating in substance to the rest of the Terms and not to this clause 16. Kimbo and the User intend that any such issue shall be subject to arbitration in Terms of the clause 16; and
      2. Remain in effect subsequent to the termination of the User’s use of the Website and/or cessation of the service.
    2. Save to the extent to the contrary provided for in these Terms any dispute arising out of or in connection with the User’s use of the Website or arising from these Terms including, without limitation, any dispute concerning-
      1. the existence of these Terms apart from this clause 16;
      2. the interpretation and effect of these Terms;
      3. the Parties’ respective rights or obligation under these Terms;
      4. the breach, termination or cancellation of these Terms or any matter arising out of such breach, termination or cancellation; and/or
      5. damages in contract, in delict, compensation for unjust enrichment or any other claim, whether or not the rest of these Terms apart from this clause 16, are valid and enforceable; Shall be decided by arbitration as set out in this clause 16.
    3. Kimbo and the User (“the Parties”) or (“Party”) as the context may indicate shall agree on the arbitrator. If agreement is not reached within 5 (five) business days after any Party in writing calls for agreement, the arbitrator shall be a practicing senior counsel who is a member of the Johannesburg Bar Council of at least 15 (fifteen) years’ standing, nominated at the request of any Party by the chairman for the time being of the Johannesburg Bar Council.
    4. The request to nominate an arbitrator shall be in writing outlining the claim and any counterclaim of which the Party concerned is aware and, if desired, suggesting suitable nominees for appointment, and a copy shall be furnished to the other Parties who may, within 5 (five) business days, submit written comments on the request to the addressor of the request.
    5. The arbitration shall be held in Johannesburg and the Parties shall endeavour to ensure that it is completed within 90 (ninety) working days after notice requiring the claim to be referred to arbitration is given.
    6. The proceedings in the arbitration shall as far as practicable take place in private and be kept confidential.
    7. The arbitration shall be governed by the Arbitration Act, No. 42 of 1965, as amended, or any replacement enactment and shall take place in accordance with the Uniform Rules of the High Court of the Republic of South Africa, or such other rules as the arbitrator may deem appropriate.
    8. The decision resulting from such arbitration, shall absent a manifest error, be final and binding upon the Parties, and may be made an order of any court of competent jurisdiction.
    9. This clause 16 shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
    10. Notice of a dispute or pending arbitration proceedings shall not entitle any Party to suspend compliance with any of its obligations in terms of these Terms.
    11. The costs of the arbitrator and the venue shall be borne by the Parties on an equal basis until the outcome of the arbitration and an award relating to costs is made.
  17. Miscellaneous
    1. These Terms shall be governed in all respects by and construed in accordance with the laws of the Republic of South Africa. And any dispute arising from these terms and conditions shall be subject to arbitration in accordance with clause 16 above.
    2. These Terms constitute the whole agreement between the User and Kimbo as to the subject matter hereof and no agreement, representations or warranties between the User and Kimbo other than those set out herein shall be binding on Kimbo or the User.
    3. The agreement and undertakings of the Parties contained in these Terms shall each be construed as an agreement and undertaking independent of any provision of the Terms. Kimbo and the User hereby expressly agree that it is not the intention of any Party to violate any public policy, statutory or common law, and that if any sentence paragraph, clause or combination of the same is in violation of the law of the Republic of South Africa, such sentence, paragraph, clause or combination of the same alone shall be void in the jurisdiction where it is unlawful, and the remainder of such clause and these Terms shall remain binding upon the Parties thereto.
    4. Each Party acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of this agreement and that it has either taken such independent legal advice or dispensed with the necessity of doing so.
    5. The User shall not be entitled to cede any of its rights or delegate any of its obligations under this agreement to any other party without our prior written consent having first been obtained.
    6. Kimbo shall, at any time, in their sole discretion, be entitled to cede all or any of their rights in terms of these Terms to any third party without prior notice to you. This may in no way be construed as any release of the obligations of signatory hereto, in terms of these Terms.