Terms of Use and Service

Welcome to Kin and thanks for joining us. These terms of use govern your access to and use of Kin, and you should read them carefully. We’ve put a plain English summary with each section, and the legal detail as well. You should pay special attention to anything written in bold.

Date of Last Revision: 28 September 2018 

Make sure you also see KIN’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

By accessing or using the KIN Services and/or www.thekinapp.com or any of its related blogs, websites, applications or platforms (collectively, “the Service”), owned by KIN Digital (Pty) Ltd (reg: 2017/427431/07) (“KIN”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Service remain at all times expressly reserved by KIN.

Please pay specific attention to the BOLD paragraphs of the Terms. These paragraphs limit the risk or liability of KIN, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify KIN or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Service. KIN will assume you have read and understood these Terms should you continue to access or make use of the Service.

It is important to note the following:

·       The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Service or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to KIN or its possession.

·       Not all terms are necessarily defined in order.

·       These terms were last updated on 28 September 2018.

Introduction to the service

Kin helps you to do money things together, better. You can use Kin to create groups and invite other people to those groups. In those groups, you keep a record of money things and money plans, and Kin helps you to calculate how to manage these things together.

1.1. Kin provides an online software platform that provides a range of services, primarily focused around allowing you to create and participate in virtual ledger “Kins” to record transactions, calculate how to split those transactions, and to settle with other people in the Kins.

1.2. Please see our How Tos and FAQS pages on this website and on the Kinfolk community for more detailed information on the Services currently available via the Service.

1.3. Depending on how you use Kin, you may need to pay us a fee. Fees are detailed in the Fees Table.

1.4. These terms apply to all Kin customers. Where some terms only apply to specific kinds of customers and uses, Kin will let you know.

1.5. These terms may be updated or amended from time to time without notice. They will be effective as soon as Kin uploads them to its website and you will be bound by them. It is your responsibility to read the terms periodically to ensure you are aware of any changes.

1.6. Unauthorised use of Kin or any breach of these terms by you may prompt a claim for damages against you, and may be a criminal offence.

Relationship between the parties

Kin provides software for you to use, and you use it at your own risk. You remain responsible for the things you do.

2.1. Kin provides software services only. While it may offer tools to help you make your private matters more efficient, you still take full responsibility for yourself and your actions.

2.2. You use Kin at your own risk, and you do not pass any of your legal obligations on to Kin.

User registration process

You register for Kin using your email address, and Kin uses a magic link sent to that email address to log you in. Easy.

3.1. To use Kin, you must complete the necessary registration process and acquire a profile. You can only have one profile. You also agree to provide accurate, current and complete information when registering and to update it when it changes

3.2. Kin requires you to submit certain personal information when registering. You can read more about that information in our Privacy Policy.

3.3. To protect your privacy and security, Kin takes reasonable steps to verify your identity when you access the app. You can do this via Google or Facebook, or an emailed link, which you must access on the same device that you use the Kin app on.

3.4. By entering your personal information on Kin, you confirm that you are the person using Kin. You are responsible for your profile and everything that is done with it, and you should not share your login details or password with anyone.

3.5. By submitting your personal information to us, you consent to us using it to facilitate your use of Kin.

3.6. Please see our Privacy Policy for more details on how we use your personal information.

The services

As Kin will grow over time, it’s best to head over to Kinfolk, the Kin community for an updated description of all the things you can do using the Kin app.

4.1. For a full explanation of how you can currently use Kin, or on the version of Kin that is available or applicable to you, please read the description on our website and help centre, or email help@thekinapp.com

4.2. To terminate your use of Kin, please see clause 15 below.

4.3. Some of Kin’s features may automatically adjust your and other customers’ profiles (for example, when a transaction is added or one customer settles with another).

4.4. Some of Kin’s features relate to settling with other customers. Please read our Payment Terms for more information.

Payment for services

When you sign up for Kin, we’ll let you know if there are any Fees applicable, and we’ll alert you of any changes to the fees.

5.1. You may need to pay a fee to use Kin. Fees are calculated in accordance with the Fee schedule.

User responsibilities and warranties

You mustn’t use Kin to do anything that is illegal or harmful to others. Also, minors may not use Kin – you need to be older than 18 to make use of Kin.

Basically – be a good person. That’s generally a good life strategy.

6.1. By using Kin, you confirm that you:

6.1.1. have read and agreed to these terms and will use Kin according to them;

6.1.2. understand and agree that while Kin is intended to help you in your private capacity, it does not take on any of your obligations or responsibilities;

6.1.3. will pay each Fee due to KIN timeously and as required;

6.1.4. have not misrepresented yourself and that all information you provide to Kin is true, accurate and complete;

6.1.5. are the age of majority in your country of residence (18 in South Africa), and/or are legally able and allowed to act on your own, and that you lawfully give us all the information we need for you to use Kin;

6.1.6. will not post, upload, replicate or transmit any abusive or inappropriate content on Kin that we think could be considered threatening, harassing, defamatory, abusive, racist, sexist, homophobic, inappropriate, discriminatory, in breach of confidence or privacy, or that may restrict anyone from using Kin;

6.1.7. will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere in any way with Kin’s operation or functionality. This includes (but is not limited to) uploading or making available files containing corrupt data or viruses; defacing, altering or interfering with Kin’s front end “look and feel” or the underlying software code;

6.1.8. will not infringe Kin’s or any third party’s intellectual property or other rights, or transmit content that you do not own or do not have the right to publish or distribute;

6.1.9. will not use Kin for any commercial purpose, other than what we expressly provide for;

6.1.10. will not use Kin to breach any law or regulation, to perform or encourage any illegal activity, to promote or facilitate access to the use or sale of illegal services/activities; and

6.1.11. will not facilitate or assist any third party to do any of the above.

6.2. Kin is only available on compatible devices connected to the internet. It is your responsibility to get these devices and any data network access necessary to use Kin. Your network’s data and messaging rates and fees may apply if you use Kin and you are responsible for paying them.

6.3. We have the right to deny you access to Kin if we think that you are in breach of any of these terms.

6.4. We do not guarantee that Kin will function on any particular hardware or device.

Receipt and transmission of data messages

Only those messages we respond to are considered received by us. And please look out for important messages from us to you.

7.1. Data messages, including email messages, that you send to Kin will be considered received only when expressly acknowledged or responded to.

7.2. Data messages that we send you will be regarded as received when the complete data message enters an information system used for that purpose and you can retrieve and process it.

7.3. Kin does not have to respond to any email or other data message that has obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and we can take appropriate action against anyone who sends it.

7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Kin is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from us to you or from you to us.

Hyperlinks, deep links and framing

Kin might have links to other websites. We don’t necessarily endorse, agree with or support those sites.

8.1. Kin may include links to other websites. We do not own, are not responsible for, and do not necessarily endorse or agree with the other sites or the information, material, products or services on or accessible through them.

8.2. We do not purport to own other websites’ content which may be shown on Kin. If the owner of any content showcased on Kin wants it to be removed, please write to help@thekinapp.com to ask us to remove it.

8.3. You access and use any other websites available via Kin at your own risk, and on those websites’ terms. 

Advertising and sponsorship

If there is any advertising or sponsorship, we’ll make sure that it complies with applicable laws and regulations.

9.1. Kin may contain advertising and sponsorship from third parties. They are responsible for ensuring that material submitted for inclusion on Kin complies with all applicable laws and regulations.

9.2. Kin is not responsible or liable for any error or inaccuracy in advertising or sponsorship material.

Intellectual property protection

Please don’t copy Kin – get in touch with us and let’s see how we can work together instead.

10.1. All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, animations, trademarks, designs, copyright and/or service marks (as well as the organisation, user interface and layout of Kin), together with the underlying software code and certain works submitted by you, are owned (or co-owned or licenced) by Kin, and are therefore protected from infringement by domestic and international legislation and treaties.

10.2. Subject to your rights in these terms, we reserve all other rights to all intellectual property on Kin. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on Kin, nor any of the underlying software code, without our written consent.

10.3. You may be able to submit and use your own intellectual property on Kin. You keep all rights and ownership of it, as long as it does not combine with our intellectual property. We can use your intellectual property, within reason, and only on and for Kin.

10.4. We can change or improve our intellectual property, information and other materials on Kin, and can suspend or terminate Kin at any time without notice; as long as any transactions already concluded through Kin are not affected.

10.5. Where any of our intellectual property has been licensed to us or belongs to any third party, all rights are subject to licensors’ and third parties’ terms and conditions, which you agree to comply with.

10.6. As long as you adhere to these terms, we grant you a personal (but not exclusive or transferable) license to use and display all content and information contained in Kin on any machine which you are the primary user of. However, nothing in Kin should be construed as granting any licence or right to use any intellectual property without our prior written permission.

10.7. Any enquiries regarding intellectual property should be sent to Kin at help@thekinapp.com.

Disclaimers and warranties

We do our best to make sure Kin works the way we expect it to, and we take that very seriously. But we’re human too, and we cannot guarantee that it’s error free. If you spot anything that looks wrong, please let us know.

11.1. Kin and any of its intellectual property is provided “as is” and “as available”. We do not guarantee its accuracy, correctness or suitability.

11.2. Any of your information or opinions that are made available on Kin are yours, not ours. While we make every reasonable effort to present it accurately and reliably, we do not necessarily endorse, approve or certify it, nor do we guarantee that it is complete or accurate.

11.3. We are not liable for any loss that may result, directly or indirectly, from you using Kin or from any information on Kin.

11.4. We are not liable for any financial costs or damages that may result, directly or indirectly, from you accessing or using Kin.

11.5. If you are outside of South Africa, please note that Kin complies with all South African laws. If foreign law is applicable in any way to you using Kin, please contact us at help@thekinapp.com.

11.6. We take reasonable security measures to ensure Kin’s safety and integrity. However, we do not guarantee that your access to Kin will be uninterrupted or error free or that any information, data, content, software or other material accessible through Kin will be free of bugs, viruses, worms, trojan horses or other harmful components. You use Kin at your own risk and should take your own precautions.

Indemnities

This clause says that you indemnify and hold Kin harmless.

12.1. You indemnify Kin, and hold Kin harmless, from any demand, action, application or other proceedings, including for attorneys’ fees and related costs, made by any third party and arising in connection with your use of Kin.

12.2. You agree to indemnify, defend and hold Kin harmless from any liability, loss, claim or expense (including reasonable legal fees) related to your breach of these terms.

12.3. This clause will apply even after this agreement ends.

Company information

If you need to get in touch, these are our details.

13.1. Website owner: KIN Digital (Pty) Ltd

13.2. Legal status: Private Limited Liability Company

13.3. Registration number: 2017/427431/07

13.4. Director: Christo Davel; Dennis Williams

13.5. Description of main business: KIN provides software to enable users to track, settle, plan and manage financial activities together

13.6. Telephone number: +27 (0) 87 550 6963

13.7. Email address: help@thekinapp.com

13.8. Website address: www.thekinapp.com

13.9. Physical address: 2nd Floor, 36 Buitenkant St, Cape Town, 8000

Dispute resolution and governing law

Any problems? We’ll chat in accordance with the laws of South Africa.

14.1. Your access and/or use of Kin, as well as these terms, are governed by the laws of South Africa only.

14.2. If a dispute, disagreement or claim arises about the use of Kin, you and we will try to resolve it amicably, by negotiation, and with the best interests of both parties in mind.

14.3. If the dispute is not resolved amicably or within an agreed time period, you and we will approach an independent industry expert to try to mediate and to find a mutually beneficial solution.

14.4. If the dispute is still not resolved, you and we will submit the dispute to arbitration by the Arbitration Foundation of Southern Africa for final resolution in accordance with their rules. The arbitration will be held in Cape Town, South Africa.

14.5. As long as it does not contradict anything in this clause (14), you or we can seek relief from any competent court that has jurisdiction.

14.6. You and we both agree that neither will publicise the dispute on any social media or other public platform, as publicity of this nature can cause serious damage, which may result in a financial claim against whoever is in breach of this.

Termination of use of website or services

You can terminate your agreement with Kin by deregistering your Kin profile. And if you do things you shouldn’t with Kin, we can terminate our agreement with you.

15.1. In addition to the rights above, we reserve the right to terminate or cancel Kin, or parts of Kin, at any time. We also reserve the right to end or cancel your access to or use of Kin if you breach any of the terms or for any other reason. Kin may also institute civil legal proceedings against you if you breach any of these terms.

15.2. If you wish to terminate the agreement with or end your use of Kin, you may do so by deregistering your profile.

15.3. If you terminate your use of Kin, the obligations and liabilities outlined in these terms will still apply after you stop using it. Any fee due by you to Kin will also still need to be paid. 

15.4. If you cancel your agreement with Kin and/or these terms, we will delete your profile, remove you from and deny you access to Kin.

Notices and services address

If we need to be in touch with each other, we’ll use the email address you provided when registering with Kin, and you should use help@thekinapp.com.

16.1. The parties choose their service address for such purposes as giving any notice or serving any process as follows:

16.1.1. for us: help@thekinapp.com;

16.1.2. for you: the email and address(es) that you provided when you registered for Kin.

16.2. You and we can change our service addresses by giving the other written notice. The address cannot be a post office box or poste restante. The change will become effective only 14 (fourteen) days after serving the notice.

16.3. Any notice that we give you in writing and that you actually receive is considered sufficient, even if it was not sent to your email or other address.

General

It’s called “General”, but there are some nitty gritty bits in here about reading the terms.

17.1. This document contains the full agreement between you and us relating to your terms of use of Kin. Other than what is outlined in clause 1.5 above, no alteration, cancellation, variation of or addition to this document will be of any force or effect, unless put in writing and signed by everyone party to these terms or their authorised representatives.

17.2 No indulgence, leniency or extension of time granted by us constitutes a waiver of any of our rights under these terms. If we do grant any indulgence, we can exercise any rights which may have arisen in the past or which might arise in the future.

17.3. Wording in the singular includes the plural and vice versa. Wording in one gender includes the other genders, and words importing persons include partnerships, trusts and bodies corporate, and vice versa.

17.4. The headings to the paragraphs of these terms are for reference purposes only. They will not affect the interpretation of any of the terms. 

17.5. If you have any complaints or queries, please address an email to help@thekinapp.com to let us know.

17.6. If you fail to pay any amount due to us timeously or breach these terms, you will be liable for all legal costs which we may incur in relation to your payment default or breach.

17.7. Each sentence, paragraph, term, clause and provision of these terms, and any portion of them, can be considered severed if they are held to be invalid, contrary to, or in conflict with any applicable law or regulation, present or future, or in terms of a final, binding judgment issued by any court. In that case it will not form part of these terms. It will also not affect any other part of them, which will still be binding.

17.8. No term or condition of these terms is intended to breach any provisions of any consumer protection legislation or regulations.  Any breach of those provisions will be governed by the provisions of clause 17.7 as stated.