Terms & Conditions
The last update of this k.o.s Terms & Conditions document was made on 29 March 2018 at 12:44 UTC+02:00.
The section headings below or in any other policy document on this website are for reading convenience only and have no legal or contractual effect.
Glossary of Terms
- "Website" or "us" or "our" refers to the Internet domain kos.community and the entity kom.ons.spaar, also referred to as k.o.s.
- "User" or "you" or "visitor" or "customer" refers to a visitor to this website, whether a person or not, from anywhere in the world using any means, whether registered or not.
- "Conditions" refers to this Terms & Conditions document.
- "Media" refers to local, national or International broadcast, film, video, print, publishing, electronic, Internet, social, or any other communication media in its broadest definitions.
Scope and Acceptance
By visiting our website, or by registering as a website user, or by making online purchases through this website, you agree to accept and comply with all Terms & Conditions set out on this document, together with any other terms, conditions and policies set out elsewhere on this website.
Operation, Licensing and Ownership
This website (kos.shopping) is operated by Kom Ons Spaar (Pty) Ltd, VAT no. 4440269415, Company Reg. no.: 2010/018392/07, a company registered in the Republic of South Africa that allows online shopping of fresh produce, non-perishable foodstuffs, and other items. Kom Ons Spaar (Pty) Ltd is trading as k.o.s.
Only natural Earth-dwelling persons aged eighteen (18) or older may register as k.o.s users. Please note that k.o.s only operates within South Africa and only delivers to the indicated Hub addresses where customers may collect their goods.
Bank Security Checks
We reserve the right to suspend or delay products and servcies pending the outcome of bank security checks. If verification fails we reserve the right to:
- not approve an account registration
- suspend an account subsequent to account registration or approval
As soon as a customer confirms an order on the k.o.s system, they are liable to pay for that order in full.
Each customer has a Store Credit account which is zero right after registration. When customers are refunded, their Store Credit accounts increase accordingly. Store Credit can be used as payment for subsequent orders.
Store Credit is on par with South African currency (ZAR) and is indicated as Rands.
We are not a banking institution, do not guarantee funds, nor do we issue interest on funds.
Transactions are charged and balances displayed on the website in South African Rands (ZAR).
Your positive credit balance does not earn interest regardless of how long it is held by k.o.s.
There are no fees for receiving or using Store Credit as payment. An admin fee may be charged for a Store Credit refund (see below).
Credit is non-transferrable between different k.o.s users.
Store Credit Refunds
k.o.s offers Store Credit Refunds (less admin fee) under the following circumstances:
- full or partial refund of account balance (Store Credit) as requested by the user at any time
- full refund of account balance (Store Credit) after permanent account deactivation
Note: Refunds will only be made to the bank account or card of the person on record with us.
Kom Ons Spaar (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution, and delivery of goods.
We respect your personal information and undertake to comply with relevant Data Protection legislation. You should be aware that: If we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and we reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
A username selected by you when registering is seen by us as user supplied content. Please select your username carefully since it may be visible to others and to the media.
User Supplied Content
We reserve the right to view, review, and request modification or removal of user supplied content which k.o.s deems inappropriate. Valid reasons include, but are not limited to: offensiveness, poor quality, copyright take-down notices, etc. If the user does not comply, we reserve the right to:
- block the inappropraie content
- remove the inappropraie content
- suspend the account associated with the content
Any user reviews or testimonials submitted to our websites, via email, or via any of our other communication channels can be used for marketing purposes, including the mention of the quoted person's name and the k.o.s Hub which they operated through. No other personal details will be published. User-generated content (such as reviews or testimonials) is owned by the user and licensed for an indefinite period to Kom Ons Spaar (Pty) Ltd.
You promise that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with other people or entities;
- attempt to gain unauthorised access to k.o.s computer systems or content;
- enter any arrangements that are not consistent with these Conditions;
- use information gathered from k.o.s in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like this site);
- attempt to or actually interrupt, negatively impact or alter k.o.s's operation in any way;
- use the k.o.s site or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through k.o.s, other than in accordance with these terms.
We accept no liability (to the fullest extent permitted by law) for the accuracy of information on our website, which may contain technical inaccuracies or typographical errors. Our liability to you in connection with any order will not exceed the total price charged for the relevant credit purchases, products or services and, save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these conditions and policies.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in delivery or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, acts of God, war, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
We Reserve the Right
Temporarily or permanently we may modify or withdraw, the Website (or any part thereof) with or without notice and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or we may change these conditions from time to time and your continuing use of the Website (or part of it) after the change shall be deemed your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you should stop using the Website. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
Anti-Money Laundering / Counter Terrorism
Money laundering is the act of converting money or other monetary instruments gained from illegal activity into money or investments that appear to be legitimate, so that any illegal source cannot be traced. Domestic and International laws that apply to companies, whose customers can deposit and withdraw funds from their accounts, make it illegal for k.o.s, or its employees or agents, to knowingly engage, or attempt to engage in a monetary transaction of criminally derived property.
IMPLEMENTED PROCEDURES: The objective of the Anti-Money laundering procedures that we implement is to ensure that customers engaging in certain activities are identified to a reasonable standard, while minimizing the compliance burden and impact on legitimate customers. We are committed to assisting governments to combat the threat of money laundering and the financing of terrorist activities around the world. For this purpose we have established a sophisticated electronic system. This system documents and verifies client identification records, and tracks and maintains detailed records of all transactions.
We carefully track suspicious and significant transaction activities, and may report such activities ‘providing timely and comprehensive information’ to law enforcement bodies, if required from us. To uphold the integrity of reporting systems and to safeguard businesses, the legislative framework provides legal protection to providers of such information.
In order to minimize the risk of money laundering and financing terrorist activities, we neither accept hard cash deposits nor disburse hard cash under any circumstances. We reserve the right to refuse to process a transaction at any stage, where we believe the transaction to be connected in any way to money laundering or criminal activity. It is forbidden for us to inform users that they have been reported for suspicious activity.
k.o.s provides no mechanism for account credit to be transferred from one user to another.
ADDITIONAL DISCLOSURES: For the purpose of complying with Anti-Money Laundering laws, we may request a legal government-issued, identifying document with the picture of the customer on it.
Where requested, customers are required to submit updated identification and contact information in a timely manner, as soon as changes occur.
Documents in a language other than English must be translated into English by an official translator prior to being submitted to k.o.s; the translation must be stamped and signed by the translator and sent together with the original document with a clear picture of the user on it.
This website is copyright Kom Ons Spaar (Pty) Ltd, all rights reserved.
With the exception of other Policy documents on this website, these Conditions contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
Kom Ons Spaar (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Until further notice, the Conditions will be exclusively governed in accordance with the laws of the Republic of South Africa.
Kom Ons Spaar (Pty) Ltd Contact Details
Company Physical Address: Union Avenue 16, Lyttelton, 0157, Gauteng, Pretoria, South Africa
eMail: admin @ kos.community
Telephone: (082) 904 9791